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Preliminary November 13, 2013

Oxnard school district


1051 South A Street Oxnard, California 93030 805/385-1501












AGENDA #7
REGULAR BOARD MEETING
Wednesday, November 13, 2013
5:00 Study Session
Closed Session
7:00 PM - Regular Board Meeting


Call to Order:

Members Present:

Members Absent:


*NOTE: In accordance with requirements of the Americans with Disabilities Act and related federal regulations, individuals who
require special accommodation, including but not limited to an American Sign Language interpreter, accessible seating or
documentation in accessible formats, should contact the Superintendents office at least two days before the meeting date.

Persons wishing to address the Board of Trustees on any agenda item may do so by completing a Speaker Request Form and
submitting the form to the Asst. Supt. of Human Resources. The Speaker should indicate on the card whether they wish to speak
during Public Comment or when a specific agenda item is considered.

Note: No new items will be considered after 10:00 p.m. in accordance with
Board Bylaws, BB 9323 Meeting Conduct

www.oxnardsd.org OPIE TV Channel 20 &
Verizon FIOS - Channel 37
BOARD OF TRUSTEES
Mrs. Ana Del Rio-Barba, President
Mr. Albert Al Duff Sr., Clerk
Mr. Denis OLeary, Member
Mr. Ernest Mo Morrison, Member
Mrs. Veronica Robles-Solis, Member


ADMINISTRATION
Dr. Cesar Morales
Superintendent
Dr. Jesus Vaca
Assistant Superintendent,
Human Resources
Mrs. Catherine Kawaguchi
Assistant Superintendent, Educational Services
Ms. Lisa Cline
Assistant Superintendent, Business & Fiscal
Services

Mission:
Ensure a culturally diverse education for each
student in a safe, healthy and supportive
environment that promotes self-discipline,
motivation and excellence in learning.


Board Approved 5-15-13
Vision:
Empowering All Children
to
Achieve Excellence
II


Preliminary November 13, 2013
Section A
PRELIMINARY



A.1 Call to Order and Roll Call 5:00 PM
The President of the Board will call the meeting to order. A roll call of the
Board will be conducted.



A.2 Pledge of Allegiance to the Flag
Mrs. Mary Arias-Elisondo, Principal at Ramona Elementary School, will
introduce Maria Cerda, 3
rd
grader in Mrs. Fagan-Ortiz classroom, who will lead
the audience in the Pledge of Allegiance.



A.3 Districts Vision and Mission Statements
The Districts Vision and Mission Statements will be read by student(s) from
Ramona Elementary School.



A.4 Presentation by Ramona Elementary Staff
Mrs. Arias-Elisondo will provide a short presentation to the Board regarding her
campus. Following the presentation President Del Rio-Barba will present a
token of appreciation to the student(s) that participated in the Board Meeting.



A.5 Adoption of Agenda (Superintendent)
Moved:
Seconded:
Vote:


A.6 Facilities Implementation Program Update (Dr. Morales/Kawaguchi)
The Board of Trustees will receive a report from District Administration and
Caldwell Flores Winters, Inc. (CFW, Inc.) regarding the Facilities Program
Implementation Plan.



A.7 Closed Session Public Participation/Comment (Limit three minutes per person per topic)
Persons wishing to address the Board of Trustees on any agenda item
identified in the Closed Session agenda may do so by completing a
Speaker Request Form and submitting the form to the Assistant
Superintendent of Human Resources. Public Comment shall be limited to
fifteen (15) minutes per subject with a maximum of three (3) minutes per
speaker.



A.8 Closed Session
The Board of Trustees will convene to closed session for the following items:

1. Pursuant to Section 54956.9 of Government Code:
Conference with Legal Counsel Anticipated Litigation: 1 case





Note: No new items will be considered after 10:00 p.m. in accordance with
Board Bylaws, BB 9323 Meeting Conduct

III


Preliminary November 13, 2013
Section A
PRELIMINARY
(continued)

A.8 Closed Session (continued)
2. Pursuant to Sections 54957.6 and 3549.1 of the Government Code:
Conference with Labor Negotiator:
Agency Negotiators: OSD Assistant Superintendent Human
Resources & Support Services, and Garcia Hernndez
Sawhney & Bermudez, LLP

Association(s): OEA, OSSA, CSEA;
and All Unrepresented Personnel - Administrators,
Classified Management, Confidential


3. Pursuant to Section 54957 of the Government Code and Section
44943 of the Education Code the Board will consider personnel
matters, including:


Public Employee(s) Discipline/Dismissal/Release

A.9 Reconvene to Open Session 7:00 PM


A.10 Report Out of Closed Session
The Board will report on any action taken in closed session or take action
on any item considered in closed session.



A.11 Approval of Minutes
It is recommended that the Board approve the minutes of regular and special
board meetings, as submitted:
June 5, 2013, regular
June 8, 2013, special
June 17, 2013, special
June 19, 2013, special
Notes:
Moved:
Seconded:
Vote:

A.12 Resolution #13-12 2013 School Psychology Awareness Week (Kawaguchi/Phipps)
It is recommended that the Board of Trustees adopt and present Resolution
#13-12 in Recognition of School Psychology Awareness Week, November
11-15, 2013.
Notes:
Moved:
Seconded:
Vote:
ROLL CALL VOTE:
Robles-Solis ___, Morrison ___, OLeary ___, Duff ___, Del Rio-Barba ___









Note: No new items will be considered after 10:00 p.m. in accordance with
Board Bylaws, BB 9323 Meeting Conduct
IV

Hearings November 13, 2013

Section B
HEARINGS/PUBLIC COMMENT

B.1 Public Comment/Opportunity for Members of the Public, Parents, PTA/PTO,
to Address the Board (3 minutes each speaker)
Members of the public may address the Board on any matter within the Boards jurisdiction
and have three (3) minutes each to do so. The total time of each subject will be fifteen (15)
minutes, unless additional time is requested by a Board Member and approved by the Board.
The Board may not deliberate or take action on items that are not on the agenda. The
President is in charge of the meeting and will maintain order, set the time limits for the
speakers and the subject matter, and will have the prerogative to remove any person who is
disruptive of the Board meeting. This meeting is being video-recorded and televised.

Persons addressing the board during the consideration of an agenda item will be called to
address the board prior to any presentation or consideration of the item by the Board. At the
conclusion of the public comment on the item, the Board will hear the Districts presentation
on the matter. Board deliberation and action, if any, will follow the Districts presentation.
Once the public comments are presented, the board will only take comments from the public
at the discretion of the Board President.

The Board particularly invites comments from parents of students in the District.

We will now read the names of the individuals who have submitted Speaker Request Forms
to address the Board.

B.1 Comentarios Pblicos/Oportunidad para que los Miembros de la Audiencia, los Padres,
el PTA/PTO se dirija a la Mesa Directiva (3 minutos para cada ponente)
Los miembros del pblico pueden dirigirse a la Mesa Directiva sobre cualquier asunto dentro
de la jurisdiccin de la Mesa Directiva y cada uno limitar sus comentarios a tres (3) minutos.
El tiempo total de cada asunto ser de quince (15) minutos, a menos que, un miembro de la
Mesa Directiva determine extender el tiempo y que ste sea aprobado por la Mesa Directiva.
La Mesa Directiva no podr deliberar o tomar alguna accin sobre los asuntos que no
aparezcan en la agenda. El presidente dirige la junta y mantendr el orden, establece el
tiempo lmite para los presentadores, el tema del asunto y tendr la facultad de retirar a
cualquier persona que cause un desorden en la sesin de la junta. Esta junta est siendo
grabada y televisada.

Las personas que quieran dirigirse a la Mesa Directiva durante la consideracin de un asunto
de la agenda sern llamadas para dirigirse a la Mesa Directiva antes de cualquier presentacin
o consideracin de un asunto por la Mesa Directiva. Al concluir el perodo de los
comentarios pblicos sobre un asunto, la Mesa Directiva escuchar la presentacin del
Distrito con respecto al tema. La deliberacin y la resolucin determinada por la Mesa
Directiva, si se presenta alguna, proceder despus de la presentacin del Distrito. Una vez
que los comentarios pblicos hayan sido presentados, la Mesa Directiva nicamente aceptar
los comentarios por parte del pblico a discrecin del presidente de la Mesa Directiva.

La Mesa Directiva invita en particular a los padres de los alumnos del Distrito para que
expresen sus comentarios.

A continuacin leeremos los nombres de las personas quienes han entregado las Formas de
Peticin para Dirigirse a la Mesa Directiva.


Note: No new items will be considered after 10:00 p.m. in accordance with
Board Bylaws, BB 9323 Meeting Conduct

V

Consent Agenda November 13, 2013

Section C
CONSENT AGENDA
(All Matters Specified as Consent Agenda are considered by the Board
to be routine and will be acted upon in one motion. There will be no
discussion of these items prior to the time the Board votes on the
motion unless members of the Board request specific items be
discussed and/or removed from the Consent Agenda.)
Notes:
Moved:
Seconded:
Vote:

C.1 Acceptance of Gifts
From The Driscoll Philanthropy Group, to the OSD Migrant Program, a
donation of $9,500.00, to be used for field trips for program participants
and their parents and holiday baskets for families.
Villegas


C.2 Agreements
It is recommended that the Board approve/ratify the following agreements:

Dept/School
#13-145 with E.J. Harrison & Sons Inc., to provide district wide trash
pickup services to cover the third year renewal of this service, for the
period of December 1, 2013 through November 30, 2014; amount not to
exceed $164,049.67, to be paid with General Funds;
Gutierrez
#13-146 with Elliot Schlang DDS Inc., to provide dental visits to students
on school campuses and set up portable equipment in space provided by
the site administrator; November 14, 2013 through November 30, 2014;
at no cost to the District;
Kawaguchi/
Phipps
#13-147 with Channel Islands Lions Club, to provide free eye exams
and/or glasses to the students in the Oxnard School District who meet the
requirement of not having vision insurance; November 14, 2013 through
November 30, 2014; at no cost to the District;
Kawaguchi/
Phipps
#13-149 with Ventura County Office of Education, to assist the district in
the implementation of CHAMPS Program by providing training for
support staff, teachers and administrators for the 2013-2014 school year;
amount not to exceed $14,690.00, to be paid with Significant
Disproportionate Coordinated Early Intervening Services Funds;
Kawaguchi/
Phipps
#13-153 with Santa Barbara/Ventura Counties Dental Care Foundation,
to facilitate dental care education workshops for Oxnard School District
community for preschool aged children; November 14, 2013 through
November 30, 2014; at no cost to the District;
Kawaguchi/
Driver
#13-158 with Sandy Point Ink, LLC, to assist the district as the external
grant evaluator for the MSAP Grant, as required by the terms &
conditions of the Federal Magnet Schools Assistance Program Grant;
amount not to exceed $175,000.00, over three (3) years, plus $75.00 per
hour for Program Design/Grant Writing Services if requested, to be paid
with MSAP Grant Funds.
Dr. Morales/
Kawaguchi

C.3 Ratification of Amendment #1 to Agreement #13-65 with Assistance League,
Non-Public School
It is the recommendation of the Assistant Superintendent of Educational
Services and the Director of Pupil Services that the Board of Trustees ratify
Amendment #1 to Agreement #13-65 with Assistance League School, to
provide nonpublic schooling to three (3) additional Special Education
preschool students for 2013-2014 school year; original contract was
$113,100.00, Amendment #1 is for $21,025.00, for a total contract amount of
$134,125.00, to be paid with Special Education Funds.
Dept/School
Kawaguchi/
Phipps

Note: No new items will be considered after 10:00 p.m. in accordance with
Board Bylaws, BB 9323 Meeting Conduct
VI

Consent Agenda November 13, 2013
Section C
CONSENT AGENDA
(continued)



C.4 Ratification of Amendment #1 to Agreement #13-71 with Passageway, Non-Public
School, NPS
It is the recommendation of the Assistant Superintendent of Educational
Services and the Director of Pupil Services that the Board of Trustees ratify
Amendment #1 to Agreement #13-71 with Passageway School to provide
nonpublic schooling for student AL081803 for the 2013-14 school year,
including Extended School Year; original contract was $35,786.00,
Amendment #1 is for $12,652.66 to provide one-on-one extra adult assistance
for 4 hours a day, for 176 days, for a total contract amount of $48,438.66, to
be paid with Special Education Funds.
Dept/School
Kawaguchi/
Phipps


C.5 Ratification of Agreement #13-152 with Sandra Alexander
It is the recommendation of the Assistant Superintendent of Educational
Services and the Director of Pupil Services that the Board of Trustees ratify
Agreement #13-152 with Sandra Alexander, to provide Auditory-Verbal
Therapy (AVT) to student MR090501 for the 2013-14 school year; amount
not to exceed $5,320.00, to be paid with Special Education Funds.
Dept/School
Kawaguchi/
Phipps


C.6 Approval of Overnight Field Trip and Agreement #13-150 The Outdoor School
Soria School
It is the recommendation of the Assistant Superintendent of Educational
Services and the Principal of Soria School that the Board of Trustees approve
request for participation of 85 students from Soria School in the instructional
program at Rancho Alegre, June 10-13, 2014, at The Outdoor School
operated by the Los Padres Council, Boy Scouts of America; and approve
Agreement #13-150 amount not to exceed $26,000.00, to be paid from funds
raised through PTA and ASB Funds.
Dept/School
Kawaguchi/
Fox


C.7 Approval of Overnight Field Trip and Agreement #13-157 Los Angeles County
Office of Education Outdoor School McAuliffe School
It is the recommendation of the Assistant Superintendent of Educational
Services and the Principal of McAuliffe School that the Board of Trustees
approve request for participation of 165 students from McAuliffe School in
the instructional program of Outdoor Science & Conservation Education,
December 2-6, 2013, at the Outdoor School operated by the Los Angeles
County Office of Education; and approve Agreement #13-157; cost is $314.00
per student, plus transportation not to exceed $1,000.00, to be paid with funds
raised through PTA.
Dept/School
Kawaguchi/
Curtis


C.8 Disposal of Surplus Personal Property
It is the recommendation of the Assistant Superintendent, Business & Fiscal
Services and the Director of Purchasing that the Board of Trustees declare the
September 2013 surplus property obsolete and approve its sale and/or
disposal, as permitted by California Education Code 17546.
Dept/School
Cline/
Franz




Note: No new items will be considered after 10:00 p.m. in accordance with
Board Bylaws, BB 9323 Meeting Conduct
VII

Consent Agenda November 13, 2013
Section C
CONSENT AGENDA
(continued)


C.9 Reappointment and Appointment of Representatives To Fill Vacancies
Measure R Bond Oversight Committee
It is the recommendation of the Assistant Superintendent, Business & Fiscal
Services that the Board of Trustees make a determination regarding the
reappointment of Ms. Jessica Vargas for a second term and the appointments
to the Measure R BOC of Ms. Teresa Torres and Ms. Liliana Giron as parent
and Community at Large representatives, respectively.
Dept/School
Cline


C.10 Setting of Date for Public Hearing Request For Approval To Submit
General Waiver Request Term Limits For Bond Oversight Committee
It is the recommendation of the Assistant Superintendent, Business & Fiscal
Services that the Board of Trustees set the date of Wednesday, December 11,
2013 for a public hearing on the Oxnard School Districts intent to apply for a
waiver of Education Code Section 15282 relative to term limits for members
of the Measure M6 Bond Oversight Committee.
Dept/School
Cline


C.11 Disclosure of Collective Bargaining Agreement With The California
School Employees Association (CSEA)
It is the recommendation of the Assistant Superintendent, Business & Fiscal
Services that the Board of Trustees accept the Disclosure of Collective
Bargaining Agreement form for CSEA as presented.
Dept/School
Cline


C.12 Disclosure of Collective Bargaining Agreement With Management &
Confidential
It is the recommendation of the Assistant Superintendent, Business & Fiscal
Services that the Board of Trustees accept the Disclosure of Collective
Bargaining Agreement form for Management & Confidential as presented.
Dept/School
Cline


C.13 Annual Organizational Meeting
It is recommended that the Board of Trustees set the date of Wednesday,
December 11, 2013, at 7:00 p.m. as the date and time for the annual
organizational meeting of the Board and direct the Ventura County Office of
Education be notified of this decision.
Dept/School
Dr. Morales

C.14 Enrollment Reports
Attached for the Boards information are the districts enrollment reports for
August 2013, September 2013, and October 2013.
Dept/School
Cline

C.15 Certification of Signatures
It is the recommendation of the Assistant Superintendent, Business & Fiscal
Services that the Board of Trustees declare the attached Certification of
Signatures as that of the agent(s) authorized for signature for the Oxnard
School District.
Dept/School
Cline


C.16 Report on 2006 Bond Construction Budget
Attached for the Boards information is the districts current November 2006
Bond Budget Report, as of Friday, November 1, 2013.
Dept/School
Cline

Note: No new items will be considered after 10:00 p.m. in accordance with
Board Bylaws, BB 9323 Meeting Conduct
VIII

Consent Agenda November 13, 2013

Section C
CONSENT AGENDA
(continued)


C.17 Purchase Order/Draft Payment Report #13-03
It is the recommendation of the Assistant Superintendent, Business & Fiscal
Services and the Director of Purchasing that the Board of Trustees approve
the Purchase Order/Draft Payment Report #13-03, as submitted.
Dept/School
Cline/
Franz


C.18 Expenditure Transfer Report #13-03
It is the recommendation of the Assistant Superintendent, Business & Fiscal
Services and the Director of Finance that the Board of Trustees approve the
Expenditure Transfer Report #13-03, as submitted.
Dept/School
Cline/
Penanhoat

C.19 Consideration of Approval of Revised/New Job Descriptions: Manager of
Special Programs and Services, Director of English Learner Services, Director
of Curriculum, Instruction & Accountability, and Director of Certificated Human
Resources and Public Relations
It is the recommendation of the Interim Assistant Superintendent of Human
Resources and Support Services that the Board of Trustees approve the revised/new
job descriptions:

Previous Title Revised Title Fiscal Impact
Administrative Intern
Afterschool Program &
Safety Program
Manager of Special
Programs
Increase in Salary of
$346 at Step 1
Director of English
Learner Services
Director of English
Learner Services
Salary reduction of
$99,731-$118,487 range
Director of Curriculum,
State and Federal
Programs
Director of Curriculum,
Instruction &
Accountability
No Salary Change
None Director of Certificated
Human Resources and
Public Relations
$99,731-$118,487 range

Dept/School
Carroll














C.20 Establish/Abolish/Reduce/Increase Hours of Positions
It is recommended that the Board approve the establishment, abolishment/
reduction or increase in hours for classified positions, as submitted.
Dept/School
Koch

C.21 Personnel Actions
It is recommended that the Board approve personnel actions, as submitted. Dept/School
Carroll/
Koch







Note: No new items will be considered after 10:00 p.m. in accordance with
Board Bylaws, BB 9323 Meeting Conduct

IX
Action Items November 13, 2013

Section D
ACTION ITEMS


D.1 Consider Prequalification of Professional Services Consultants for the Measure R
Facilities Program and Approval of Master Agreements with prequalified firms;
Professional services consist of Project Survey, Geotechnical Engineering, Project DSA
Inspector of Record, Materials Testing & Special Inspections, Hazardous Materials
Survey & Testing, and CEQA/DTSC Compliance (Cline/Gutierrez/CFW)
It is the recommendation of the Assistant Superintendent of Business
and Fiscal Services and the Executive Director of Facilities Planning,
Engineering & Operations, in conjunction with Caldwell Flores
Winters, that the Board of Trustees approve the recommended
prequalification of professional services consulting firms for Oxnard
School District Measure R Facilities Program, and approve the
enclosed Master Agreements for Consultant Services for each
approved prequalified consulting firm, no fiscal impact at this time:

Master Agreements for Geotechnical Engineering, Materials
Testing & Special Inspection Consultant Services:
Agreement #13-122 with Earth Systems Southern California
Agreement #13-123 with Koury Engineering & Testing, Inc.
Agreement #13-124 with Construction Testing & Engineering,
Inc. (Geotechnical Engineering Only)
Agreement #13-154 with BTC Labs Vertical Five (Materials
Testing & Special Inspections Only)
Master Agreements for Project Surveying Consultant Services:
Agreement #13-125 with Jensen Design & Survey, Inc.
Agreement #13-126 with MNS Engineers, Inc.
Agreement #13-127 with Wagner Engineering & Survey, Inc.
Master Agreements for Project DSA Inspector of Record
Consultant Services:
Agreement #13-128 with Kenco Construction Services, Inc.
Agreement #13-129 with Knowland Construction Services, Inc.
Agreement #13-130 with NOLTE Vertical Five (NV5)
Master Agreements for CEQA/DTSC Compliance Consultant
Services:
Agreement #13-131 with Rincon Consultants, Inc.
Agreement #13-132 with Tetra Tech, Inc.
Agreement #13-133 with LSA Associates, Inc.
Master Agreements for Hazardous Materials Survey & Testing
Consultant Services:
Agreement #13-134 with EORM
Agreement #13-135 with Cardno ATC
Agreement #13-136 with ENCORP
Public Comment:
Presentation:
Moved:
Seconded:
Board Discussion:
Vote:




Note: No new items will be considered after 10:00 p.m. in accordance with
Board Bylaws, BB 9323 Meeting Conduct

X
Action Items November 13, 2013

Section D
ACTION ITEMS
(continued)


D.2 Consider Appointment & Approval of Agreement #13-155 for Seward L. Schreder
Construction, Inc. to Provide Lease-Leaseback Preconstruction Services for Project
No. 5 of Measure R and Oxnard Facilities Program (Cline/Gutierrez/CFW)
It is the recommendation of the Assistant Superintendent of Business and
Fiscal Services and the Executive Director of Facilities Planning,
Engineering & Operations, in consultation with the District Selection
Committee and Caldwell Flores Winters, that the Board of Trustees appoint
Seward L. Schreder Construction, Inc. to provide Lease-Leaseback
Preconstruction Services for Project No. 5 of Measure R and Oxnard
Facilities Program and that the Board of Trustees approve Preconstruction
Services Agreement #13-155 with Seward L. Schreder Construction, Inc.
for Project No. 5. Lemonwood Reconstruction of Measure R; Basic
Services Fees of $89,500.00 and an additional reimbursable allowance is
included for approved expenses not to exceed $5,000.00; to be paid with
Measure R Funds.
Public Comment:
Presentation:
Moved:
Seconded:
Board Discussion:
Vote:


D.3 Approval of Agreement #13-156 with BTC Labs-Vertical Five (Gutierrez)
It is the recommendation of the Executive Director of Facilities Planning,
Engineering & Operations that the Board of Trustees approve Agreement
#13-156 with BTC Labs-Vertical Five to provide project inspection and
material testing services; amount not to exceed $7,510.00, to be paid with
Measure L Funds.
Public Comment:
Presentation:
Moved:
Seconded:
Board Discussion:
Vote:


D.4 Approval of Credit Change Order #2 to Bid #11-02 Soltek Pacific Construction
(Gutierrez)
It is the recommendation of the Executive Director of Facilities Planning,
Engineering and Operations that the Board of Trustees approve Credit
Change Order #2 for Bid #11-02 Driffill School P2P Project in the
amount of ($33,893.00), to the original contract price of $17,061,000.00
with Soltek Pacific Construction will result in a net change of -0.8%.
Public Comment:
Presentation:
Moved:
Seconded:
Board Discussion:
Vote:


D.5 Award of Field Contract #FC-P14-01488 ESC Fire Sprinkler Project (Gutierrez)
It is the recommendation of the Executive Director of Facilities Planning,
Engineering and Operations that the Board of Trustees award Field
Contract #FC-P14-01488, ESC Fire Sprinkler Project; in the amount of
$24,060.00 to Durbiano Fire Protection, to be paid with Developer Fees.
Public Comment:
Presentation:
Moved:
Seconded:
Board Discussion:
Vote:


Note: No new items will be considered after 10:00 p.m. in accordance with
Board Bylaws, BB 9323 Meeting Conduct


XI
Action Items November 13, 2013
Section D
ACTION ITEMS
(continued)

D.6 Adoption of Resolution #13-14 In Support of English Learner Advisory Committees
(Dr. Morales)
It is the recommendation of the District Superintendent that the Board of
Trustees consider adopting Resolution #13-14 In Support of English
Learner Advisory Committees, to provide essential opportunities for
parents of English Learner students to be involved in their childrens
education and support of maintaining state requirements for school districts
to establish ELAC and DELACs, regardless of LCFF changes.
Public Comment:
Presentation:
Moved:
Seconded:
Board Discussion:
Vote:
ROLL CALL VOTE:
Robles-Solis ___, Morrison ___, OLeary ___, Duff ___, Del Rio-Barba ___

D.7 Approval of the Oxnard School District and Oxnard California School
Employees Association 2013-2014 Revisions of the 2011-2014 Collective
Bargaining Agreement (Carroll)
It is the recommendation of the Interim Assistant Superintendent of
Human Resources and Support Services that the Board of Trustees
consider and approve the 2011-2014 Collective Bargaining
Agreement between the Oxnard School District and the California
School Employees Association as presented.
Public Comment:
Presentation:
Moved:
Seconded:
Board Discussion:
Vote:

D.8 Consideration of Approval of Revised 2013-2014 Compensation for Non-CSEA
Campus Supervisors, Certificated and Classified Substitutes, Confidential
Employees and Certificated and Classified Management (Carroll)
It is the recommendation of the Interim Assistant Superintendent of Human
Resources and Support Services that the Board of Trustees consider and
approve the 2013-2014 compensation revision for Non-CSEA Campus
Supervisors, Certificated and Classified Substitutes, Confidential
Employees, and Certificated and Classified Management as presented.
Public Comment:
Presentation:
Moved:
Seconded:
Board Discussion:
Vote:

D.9 Consideration of Approval of Employment Agreement Amendments for
2013-2014 Compensation For Contracted Administrators (Carroll)
It is the recommendation of the Interim Assistant Superintendent of Human
Resources and Support Services that the Board of Trustees consider and
approve the 2013-2014 compensation revision for contracted administrators
as presented.
Public Comment:
Presentation:
Moved:
Seconded:
Board Discussion:
Vote:

D.10 Annual Review of Oxnard School District Board of Trustees Superintendent
Protocols (Dr. Morales)
It is the recommendation of the District Superintendent, that the
Board of Trustees review and adopt the Protocols, as presented.
Public Comment:
Presentation:
Moved:
Seconded:
Board Discussion:
Vote:
Note: No new items will be considered after 10:00 p.m. in accordance with
Board Bylaws, BB 9323 Meeting Conduct
XII

Reports/Discussion Items November 13, 2013
Section E
REPORTS/DISCUSSION ITEMS
(These are presented for information or study only,
no action will be taken.)


E.1 Annual Report on CNS Program (Cline/Picola)
Administration will provide a presentation on the Child Nutrition Services
Program.


E.2 Transportation Department Annual Report (Cline/Littlejohn)
Administration will provide a presentation on the Transportation Department
Program.


E.3 Local Control Funding Formula (LCFF) and Local Control Accountability Plan
(LCAP) Timelines (Cline)
Administration will provide a report regarding the Local Control Funding
Formula (LCLFF) and the Local Control Accountability Plan (LCAP)
Timelines.


E.4 Driffill School P2P Project (Gutierrez)
Administration and Representatives from EUR Consulting will present an
update on the construction of the Driffill School P2P Project.































Note: No new items will be considered after 10:00 p.m. in accordance with
Board Bylaws, BB 9323 Meeting Conduct

XIII

Board Policies November 13, 2013
Section F
BOARD POLICIES
(These are presented for discussion or study.
Action may be taken at the discretion of the Board.)



No Board Policies will be discussed during this meeting.






































Note: No new items will be considered after 10:00 p.m. in accordance with
Board Bylaws, BB 9323 Meeting Conduct
XIV

Conclusion November 13, 2013
Section G
CONCLUSION

G.1 Superintendents Announcements (3 minutes)
A brief report will be presented concerning noteworthy activities of
district staff, matters of general interest to the Board, and pertinent and
timely state and federal legislation.
Notes:

G.2 Trustees Announcements (3 minutes each speaker)
The trustees report is provided for the purpose of making
announcements, providing conference and visitation summaries,
coordinating meeting dates, identifying board representation on
committees, and providing other information of general interest.
Notes:


ADJOURNMENT
Moved:
Seconded:
Vote:































Note: No new items will be considered after 10:00 p.m. in accordance with
Board Bylaws, BB 9323 Meeting Conduct
Oxnard School District 06-05-13
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210
Minutes not yet approved
Regular Board Meeting
June 5, 2013


The Board of Trustees of the Oxnard School District met in regular
session at 5:00 p.m. on Wednesday, June 5, 2013, at the Educational Service
Center. President Del Rio-Barba and Sabrina Macias, a student from Kamala
Elementary School called the meeting to order.
CALL TO ORDER

A roll call of the Board was conducted. Present were President Ana Del
Rio-Barba, Albert Duff Sr., Denis OLeary, Ernie Morrison and Veronica Robles-
Solis. Staff members present were District Superintendent Jeff Chancer, Assistant
Superintendents Sean Goldman, Cathy Kawaguchi and Lisa Cline; and Sylvia
Carabajal, executive assistant.
ROLL CALL

Mrs. Christine McDaniels introduced Sabrina Macias, 6
th
grade student in
Mrs. Sims class, who led the audience in the Pledge of Allegiance.
PLEDGE OF
ALLEGIANCE

Anadaisy Cervantes, 5th grade student in Mrs. Sims class read the
Districts Mission & Vision in English; and Jisell Camarena, 5th grade student in
Mrs. Sims class read the Districts Mission & Vision in Spanish.
DISTRICTS
MISSION & VISION
STATEMENT

Mrs. Christine McDaniels, Principal at Kamala Elementary School
introduced Mrs. Deborah Sims, 6
th
grade Teacher at Kamala who was awarded
one of the Education Foundation Grants and purchased 7 Kindle Fires, several e-
books audio books for her students. A short video was presented exhibiting the
use of the above by the students in Mrs. Sims classroom. Following the
presentation students from Kamala School shared how the Kindle Fire, e-books
and audio books have assisted them in their studies. President Del Rio-Barba
thanked the students, Mrs. Sims and Mrs. McDaniels for their presentation.
SHOWCASING A
SCHOOL - KAMALA
ELEMENTARY
SCHOOL

A.5 Changes to the outline of the agenda were noted:
Section C.2 Agreements, Agreement #13-09 with Don Lee, corrected property
to properly; and
Section C.5 Ratification of Agreement #12-228 corrected date to May 15,
2013 not March 15, 2013.

On motion by Trustee Duff, seconded by Trustee Robles-Solis and carried
unanimously; the Board adopted the agenda, as presented.
ADOPTION OF THE
AGENDA

A.6 Mrs. Catherine Kawaguchi, Assistant Superintendent, Educational
Services introduced Jack OConnell, Brenda Taft, Chalsey Mitwitt with School
Innovations & Achievement (SIA) and Marikaye Phipps, Director of Pupil
Services. Mr. OConnell commended the Board of Trustees and the District
employees for a job well done and the increase in student attendance within the
first nine months of the year. Ms. Lisa Cline, Assistant Superintendent, Business
& Fiscal Services interpreted the .10% increase equaled $85,600 in additional
revenue.
STUDY SESSION
A2A (ATTENTION
TO ATTENDANCE)

Ms. Brenda Taft with SIA presented data on district wide attendance and
commended the District employees for doing a outstanding job conferencing with
parents regarding their childs/childrens attendance. Following questions the
Board thanked the panel for the report.


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211
A.7 Mrs. Catherine Kawaguchi, Assistant Superintendent, Educational
Services provided an update on the development of academies, technology 1:1
deployment and the community meetings. She also provided an update on the
teacher deployment of iPads which included a schedule of staff development and
support being provided to the teachers over the summer. The Board and
administration discussed board policies on use of technology for students, as well
as employees; agreement between the parent, student and OSD on the use of the
iPad. They also discussed in depth the process of deploying the iPad to
student/parent and information provided to parent before accepting the device.
The Board questioned if there were parents that did not want to take the iPad
home because they already had one at home, and what was the process. Mrs.
Kawaguchi stated administration had not discussed this but would be discussed at
the next Cabinet meeting with Mr. Chancer.
STUDY SESSION
FACILITIES
IMPLEMENTATION
PROGRAM

ANNOUNCEMENT PRIOR TO CLOSED SESSION: June 5, 2013:
After any public comments on the Closed Session agenda items, the Board will be
recessing to Closed Session to consider the following:


No one addressed the Board on the closed session agenda. PUBLIC COMMENT
CLOSED SESSION

Firstly, for CONFERENCE WITH LEGAL COUNSEL under Government Code,
Section 54956.9,
ANTICIPATED LITIGATION(S): 1 cases, and
EXISTING LITIGATION(S)


Secondly, for EXPULSION OF STUDENTS and readmit under Education Code,
Section 48916.


Thirdly, for CONFERENCE WITH LABOR NEGOTIATORS under Government
Code Sections 54957.6 and 3549.1.

The District negotiator is the Assistant Superintendent of Human Resources &
Support Services and the employee organizations are OEA, OSSA, CSEA: and all
unrepresented personnel administrators, classified management, confidential.


Fourthly, for CONFERENCE WITH REAL PROPERTY NEGOTIATIONS
under Government Code 54956.8 for:
Property: Parcel located south of Wooley Road, west of Victoria Avenue
Negotiating parties: Superintendent/Assistant Superintendent, Business &
Fiscal Services/GCR, LLP/CFW Inc. Yuri Calderon


Finally, under Government Code 54957 and Education Code 44943 for:
PUBLIC EMPLOYEE(S) DISCIPLINE/DISMISSAL/RELEASE
PUBLIC EMPLOYEE(S) REASSIGNMENT/APPOINTMENT:
Appointment of Administrative Intern(s)
District Superintendent


Trustees convened to closed session at 6:10 p.m. until approximately 7:03
p.m. to discuss items on the closed session agenda.
CLOSED SESSION


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212
President Del Rio-Barba reported the Board took the following action in
closed session:

On motion by Trustee OLeary, seconded by Trustee Duff and carried
unanimously, the Board of Trustees rejected Government Code Claim #2013-
05-07.
On motion by Trustee OLeary, seconded by Trustee Morrison and carried
unanimously; on Case No. 12-15 the Board of Trustees accepted
administrations recommendation on stipulated suspended expulsion of
student.
On motion by Trustee OLeary, seconded by Trustee Duff and carried
unanimously; on Case No. 12-16 the Board of Trustees accepted
administrations recommendation on expulsion of student.
On motion by Trustee Duff, seconded by Trustee Robles-Solis and carried
unanimously; the Board of Trustees appointed Bertha Anguiano and Kristin
Chacon to the position of Administrative Intern for the 2013-2014 school
year.
REPORT ON
CLOSED SESSION

(Motion #12-145)


(Motion #12-146)



(Motion #12-147)


(Motion #12-148)

A.12 Mr. Jeff Chancer, District Superintendent thanked the wonderful Parent
Volunteers and the principals for attending. He also thanked Dan Kubilos, Rey
Garza, Tom Kranzler and Dawud Davis for their technical support and a beautiful
final product.

RECOGNITION OF
PARENT
VOLUNTEER OF
THE YEAR
Following the presentation President Del Rio-Barba thanked the parents
for working as a team, and for their time and their commitment to the Oxnard
School District Community.


The Board recessed at 7:35 p.m. until 7:46 p.m. (Recess)

A.13 Mr. Jeff Chancer introduced the following new principals for the 2013-
2014 school year to the Board of Trustees. Dr. Edd Bond, Mrs. Mary Curtis and
Mrs. Leticia Ramos, following the introduction each principal thanked the Board
for the opportunity to serve the students of the Oxnard School District.
INTRODUCTION OF
NEW
ADMINISTRATORS

A.14 On motion by Trustee Duff, seconded by Trustee Robles-Solis and carried
on a 4-0-1 vote, Trustee Morrison recused himself because he was absent from the
meetings; the Board of Trustees approved the minutes of regular board meeting
May 1, 2013 and special board meeting May 8, 2013, as submitted.
APPROVAL OF
MINUTES


B.1 Trustee Duff read the Rules for Individual Presentations in English and
President Del Rio-Barba read them in Spanish.
RULES FOR
PRESENTATIONS

The following individuals addressed the Board of Trustees: PUBLIC
COMMENTS
Robin Leftovitz, OEA President, regarding concerns with the transfer process
used to fill teaching positions, requested that experience, respect, honesty and
collaboration be used in placing teachers;

Suzanne Dempsey, Teacher, regarding concerns with the transfer process used
to fill teaching positions;

Diana Duarte, McAuliffe Teacher, regarding concerns with the negotiations of
the bargaining unit contract for teachers;

Amanda Rodriguez, McAuliffe 1
st
grade Teacher, and parent, concerns with
the transfer process used to fill teaching positions;



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213
Andrea Pulido, RJ Frank Teacher, regarding concerns with no retiring health
benefits for new teachers, creating a two-tier district and resentment among
the teachers;

Beatriz Herrera, Community Member, regarding concerns of growing
unresolved issues with the teacher union, need to appreciate and take care of
the teachers;

Stacy Shin, Speech & Language Pathologist at San Miquel Preschool,
regarding grave concerns with the program and special needs of the children
in the program;

Jean Joneson, Grandparent, disappointed on how complaints are handled in
the district;

Ellen Harvey, Teacher, regarding concerns with the no retiring health benefits
for new teachers and settlement of the OEA Contract;

Charles Manley, Teacher and OEA Executive Board, regarding concerns with
no retiring health benefits for new teachers and settlement of the contract;

Amanda Wilson, Teacher and serves on the Gold Coast Trust, regarding
concerns in the increase of medical/health benefit contributions for teachers;

Barry Gaynor, Teacher, regarding contribution of medical benefits, no COLA
in over ten years and eliminated retiree health benefits for new teachers;

Ann Romero, Substitute Long Term Teacher, 12 years and never had the
opportunity for permanent contract;

Francine Castanon, Community Member; concerns on teacher pensions and
not providing retiree health benefits for new teachers;


B.2 This being the time and date noticed President Del Rio-Barba opened the
hearing to consider approving an energy services contract with Climatec Building
Technologies Phase II.

Ms. Lisa Cline, Assistant Superintendent, Business & Fiscal Services
provided a brief statement on the proposed energy service contract and the related
Measurement & Verification Contract (collectively, the Energy Services
Contract) for the acquisition and installation of certain energy conservation
measures to be located at several school sites and informed the Board there had
been no comments received. There being no written or oral comments or requests
President Del Rio-Barba declared the hearing closed.

On motion by Trustee OLeary, seconded by Trustee Duff and carried on
a 5-0 vote, the Board of Trustees held the public hearing and took action to
approve the Energy Services Contract with Climatec and authorized the
Superintendent to execute and deliver the Energy Services Contract and any
associated financing documents and certificates.
PUBLIC HEARING
TO CONSIDER
APPROVING AN
ENERGY SERVICE
CONTRACT
CLIMATEC
BUILDING
TECHNOLOGIES
PHASE II



(Motion #12-149)

B.3 This being the time and date noticed President Del Rio-Barba opened the
hearing relating to the use of 2013-2014 Tier III State Categorical Funds.

Ms. Lisa Cline, Assistant Superintendent, Business & Fiscal Services
provided a statement that the District is required to hold a Public Hearing pursuant
to Education Code 42605 related to the use of 2013-2014 Tier III State
Categorical Funds. There being no written or oral comments or requests President
Del Rio-Barba declared the hearing closed.

On motion by President Del Rio-Barba, seconded by Trustee Duff and
carried on a 5-0 vote, the Board of Trustees held the public hearing on the Use of
2013-2014 Tier III State Categorical Funds.
PUBLIC HEARING
RELATING TO THE
USE OF 2013-2014
TIER III STATE
CATEGORICAL
FUNDS



(Motion #12-150)

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214
The following items on the consent agenda were approved on motion of
Trustee OLeary seconded by Trustee Duff, and carried on a 5-0 vote; as
presented.
CONSENT AGENDA
(Motion #12-151)

C.1 Accepted gifts to the district and directed that letters of appreciation be
sent to the donors:
From Oxnard Firefighters Association, to Brekke Elementary School a
donation of $500.00 to assist with the Brekke Sixth Grade field trip to the
Santa Cruz Island;
From Oxnard Peace Officers Association, to Brekke Elementary School a
donation of $500.00 to assist with the Brekke Sixth Grade field trip to the
Santa Cruz Island;
From Carmen Ramirez, Mayor Pro Tem, to Brekke Elementary School a
monetary donation and assisting with collaborating donations from the
Oxnard Firefighters Association and Oxnard Peace Officers Association to
assist with the Brekke Sixth Grade field trip to the Santa Cruz Island.
(Acceptance of Gifts)

C.2 Approval/ratification of the following agreements: (Agreements)
Amendment #7 to Agreement #12-144 with Assistance League School, to
provide nonpublic schooling to three (3) additional Special Education
preschool students for the 2012-2013 school year; original contract was
$63,800.00, Amendment #1 was $32,625.00, Amendment #2 was $7,250.00,
Amendment #3 was $11,600.00, Amendment #4 was for $4,350.00,
Amendment #5 is for $15,225.00, Amendment #6 is for $4,350.00; and
Amendment #7 is for $5,075.00, for a total contract amount of $144,275.00,
to be paid with Special Education Funds;

Amendment #1 to Agreement #12-193 with California State University
Channel Islands, to extend the duration of providing the Project ACCESO
(HSI STEM Grant) STEM Skills and Discipline Exploration Pathways
(SSDEP) Program until June 28, 2013, at no cost to the District;

#12-210 with Zixta Enterprises, Inc., DBA Vallarta Supermarkets, for the use
of the Educational Service Center (ESC) front parking lot for the period of
July 1, 2013 through June 30, 2014; at a cost to Vallarta of $70,000.00;

#13-04 with Community Action Partnership of San Luis Obispo County Inc.,
to operate the Head Start Program at Harrington Elementary School; July 1,
2013 through June 30, 2014; there is no cost to the district, CAP of SLO
County Inc., funds the operation of this preschool;

#13-05 with Community Action Partnership of San Luis Obispo County Inc.
renewal of ground lease between OSD and CAP of SLO County Inc., for the
Migrant Head Start Program at Harrington School, July 1, 2013 to June 30,
2014; there is no cost to the district, CAP of SLO County Inc., funds the
operation of this preschool;

#13-08 with Terra Firma Enterprises, to provide technical assistance for
emergency management services in the areas of planning, training and
exercising to comply with the Standardized Emergency Management System
(SEMS) and the National Incident Management System (NIMS); amount not
to exceed $22,200.00, to be paid with Safety Credits;

#13-09 with Don Lee, to provide two 4-hour training dates in August for
participants to attend and learn how to properly conduct a safe Search &
Rescue in the event of emergency; amount not to exceed $1,600.00, to be paid
with Safety Credits;

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215
#13-11 with Ventura County Office of Education, to provide the Escape
Financial/HR System for the 2013-2014 fiscal year; amount not to exceed
$131,500.00, to be paid with General Funds;

#13-12 with USC School of Social Work, to provide field placement of social
work USC students, July 1, 2013 through June 30, 2014; at no cost to the
District;

#13-13 with Oxnard Union High School District, to provide opportunities for
Oxnard School District students to work toward a Seal of Biliteracy that
recognizes and encourages linguistic proficiency and cultural literacy, July 1,
2013 through June 30, 2014, at no cost to the District.


C.3 Approved the renewal of Agreement #98-82 for Pupil Transportation
Services, total amount not to exceed $1,700,000.00, to be paid from the General
Fund.

Agreement #98-83 for the Lease of Oxnard School District Transportation
Facilities by Durham School Services for the fiscal year 2013-2014, the monthly
rental shall be increased by 2.2% to $4,246.65 per month payable on the first day
of each month to the District.
(Approval of Contract
Renewal for
Agreement #98-82
Pupil Transportation
Services and
Agreement #98-83
Lease of
Transportation
Facilities for the
2013-2014 School
Year with Durham
School Services)

C.4 Ratified Agreement #12-225 for the Oxnard School District to provide
Autism Program services to Rio School District Student #DO112404, for the
2012-13 school year, beginning March 5, 2013 excluding Extended School Year
(ESY); Rio School District will reimburse the Oxnard School District $4,668.34
for providing the above services.
(Ratification of
Agreement #12-225
with Rio School
District Autism
Program Services)

C.5 Ratified Agreement #12-228 with Dr. Karen Schiltz & Associates, to
perform neuropsychological assessment for student JJ121301 on May 15, 2013
for the 2012-13 school year; amount not to exceed $4,500.00, to be paid with
Special Education Funds.
(Ratification of
Agreement #12-228
with Dr. Karen Schiltz
& Associates)

C.6 Approved Agreement #13-02 with Ventura County Office of Education
for the use of One classroom and set of restrooms at Cesar Chavez School; VCOE
to pay OSD $8,000.00 annually for said facilities.
(Request for Approval
of Agreement #13-02
with VCOE for Use of
Facilities at Chavez
School)

C.7 Approved the increased meal prices of $2.05 for paid lunch and $1.05 for
paid breakfast, in order to comply with the Healthy, Hunger-Fee Kids Act of
2010; these changes are to be effective the 2013-2014 fiscal year.
(Request for Approval
of Increase to Meal
Prices)

C.8 Received District enrollment reports for April 2013, as submitted. (Enrollment Reports)

C.9 Set the date of Wednesday, June 26, 2013 for a public hearing on the
Oxnard School District 2013-2014 Adopted Budget.
(Setting of Date For
Public Hearing OSD
2013-2014 Adopted
Budget)

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216
C.10 Set the date of Wednesday, June 26, 2013 for a public hearing on the Tier
III flexibility option for 2013-2014.
(Setting of Date For
Public Hearing Tier
III Flexibility Option
Regarding Use of
Restricted Funds for
Unrestricted Purposes
FY 2013-2014)

C.11 Approved request for Michael Littlejohn, Transportation Manager, to
attend the School Transportation News Expo Conference & Trade Show in Reno,
Nevada, July 20-24, 2013; amount not to exceed $900.00, plus expenses, to be
paid with Transportation Budget, General Fund.
(Request for Approval
of Out of State
Conference
Attendance School
Transportation News
Expo Conference &
Trade Show)

C.12 Received the information on the districts current November 2006 Bond
Budget Report, as of Friday, May 24, 2013.
(Report on 2006 Bond
Construction Budget)

C.13 Approved the establishment, abolishment, reduction or increase in hours
for classified positions:
(Establish/Abolish/
Reduce/Increase Hours
of Positions)
Establish
An eight hour, 246 day Help Desk Support Technician, position number
R02899, to be established in the Technology Department. This position will
be established to provide support in the Technology Department.
A five hour, 185 day Child Nutrition Worker, position number R02892, to be
established in the Child Nutrition Services Department. This position will be
established due to the salad bar project.
A four hour, 183 day Preschool Teacher, position number R02895, to be
established in the Educational Services Department. This position will teach
the p.m. preschool class at Elm.
A three hour, 183 day Preschool Assistant, position number R02893, to be
established in the Educational Services Department. This position will assist
in the preschool program at Elm.
A three hour, 183 day Preschool Assistant, position number R02894, to be
established in the Educational Services Department. This position will assist
in the preschool program at Elm.

A five hour forty five minute, 183 day Paraeducator III, position number
R02907, to be established at Chavez School. This position will support
students with various special needs.
A five hour forty five minute, 183 day Paraeducator III, position number
R02906, to be established at Kamala School. This position will support
students with various special needs.
A five hour forty five minute, 183 day Paraeducator III, position number
R02904, to be established at Kamala School. This position will support
students with various special needs.
A five hour forty five minute, 183 day Paraeducator III, position number
R02903, to be established in the Pupil Services Department. This position
will support students with various special needs.

Oxnard School District 06-05-13
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217
A five hour forty five minute, 183 day Paraeducator III, position number
R02905, to be established in the Pupil Services Department. This position
will support students with various special needs.
A five hour forty five minute, 183 day Paraeducator III, position number
R02908, to be established in the Pupil Services Department. This position
will support students with various special needs.

Abolish
An eight hour, 246 day Microcomputer Support Technician, position number
R02330, to be abolished in the Technology Department. This position will be
abolished due to department reorganization.
A six hour, 180 day Community Literacy Project (Bookmobile) Assistant,
position number R02856, to be abolished in the Educational Services
Department. This position will be abolished due to the lack of funds.

Reduce
An eight hour, 246 day Warehouse Worker/Driver, position number R00841,
to be reduced to 215 days in the Warehouse. This position will be reduced
due to the lack of work.


Increase
The following positions will be increased in the English Learner Department from
156 days to 183 days
Instructional Assistant CELDT, position number R02438
Instructional Assistant CELDT, position number R02435
Instructional Assistant CELDT, position number R02440
Instructional Assistant CELDT, position number R02436
Instructional Assistant CELDT, position number R02443
Instructional Assistant CELDT, position number R02444
Instructional Assistant CELDT, position number R02445
Instructional Assistant CELDT, position number R02441
Instructional Assistant CELDT, position number R02437
Instructional Assistant CELDT, position number R02439


FISCAL IMPACT:
Cost for Help Desk Support Tech-$57,407.00 Unrestricted Funds
Cost for Child Nutrition Worker-$2,631.72 Child Nutrition
Cost for Preschool Teachers-$22,744.00 NfL
Cost for Preschool Assistant-$22519.13 NfL
Cost for Paraeducator IIIs-$136,207.03 Special Education
Savings for Microcomputer-$5.191.78 100% Unrestricted Funds
Savings for Bookmobile-$28,947.03 NfL
Savings for Warehouse-$6,076.43 60% Unrestricted; 40% Food Services
Cost for IA CELDT-$33,552.60 LEP


C.14 Personnel actions: (Personnel Actions)

The following certificated individuals to be employed in the capacities
and for the terms indicated, their salaries to be determined in accordance with
salary regulations of the District:
CERTIFICATED

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218
Name Position Effective Date

New Hire
Erika Dowd Speech/Language Specialist August 19, 2013
Roberto Rodriguez II Teacher, 6 SEI/ELM, Brekke August 19, 2013
Rosalva Granillo Substitute Teacher 2012-2013 school year

Re-Hire for 2013-2014
Margarita Chavez Teacher, 2/3 TBE, Kamala August 19, 2013
Margarita Maya Teacher, TK/K SEI/ELM (pm) McKinna August 19, 2013

Retirement
Marie J. Battle Speech/Language Specialist June 21, 2013
Ellen Boudreaux Speech/Language Specialist June 21, 2013
Janet Pardee Teacher, Grade 2, Harrington August 6, 2013

Leave of Absence
Catherine Goodwin Teacher on Special Assignment, Elm August 1 2013
August 1, 2014

The following classified individuals to be employed in the capacities and for
the terms indicated, their salaries to be determined in accordance with salary
regulations of the district, it being understood that substitute classified personnel and
regular classified personnel performing substitute duties will be assigned by the
administration and paid in accordance with salary regulations governing the specific
assignments:
CLASSIFIED


Name Position Effective Date

New Hire
Carmikle, Kyle Bejamin Paraeducator III, Position #R02000 5/20/2013
Pupil Services/Brekke 5.5 hrs./183 days
Flores, Guadalupe Child Nutrition Worker, Position #R02768 5/13/2013
Fremont 3.0 hrs./185 days
Garcia, Sarah Child Nutrition Worker, Position #R01586 5/13/2013
Marina West 3.0 hrs./185 days
Giron, Guadalupe Child Nutrition Worker, Position #R02221 5/13/2013
Frank 4.0 hrs./185 days
Gomez, Daniel Child Nutrition Worker, Position #R02055 5/13/2013
Itinerant 4.0 hrs./185 days
Gomez, Jennifer Paraeducator III, Position #R02142 5/20/2013
Pupil Services 5.5 hrs./183 days
Hernandez, Miguel Grounds Maintenance Worker I, Position #R01173 6/10/2013
Facilities 8.0 hrs./246 days
Littlejohn, Michael Transportation Manager, Position #R00409 5/15/2013
Transportation 8.0 hrs./246 days
Mata, Katherine Paraeducator III, Position #R02855 5/13/2013
Pupil Services/Curren 5.5 hrs./183 days
Morales, Fabiola Child Nutrition Worker, Position #R02174 5/13/2013
Ritchen 5.0 hrs./185 days
Murray, Zechariah Paraeducator III, Position #R02882 5/20/2013
Pupil Services 5.75 hrs./183 days
Salgado, Kathleen Child Nutrition Worker, Position #R02188 5/13/2013
Sierra Linda 5.0 hrs./185 days
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219
Limited Term
Aguilar, Carmen Child Nutrition Worker 4/30/2013
Avedissian, Nina Office Assistant 4/30/2013
Chavez, Alex Paraeducator 5/10/2013
Franklin, Chiquita Child Nutrition Worker 4/30/2013
Quinones, Jocelyn Paraeducator 5/20/2013
Maceda, Veronica Paraeducator 5/13/2013
Melgoza, Rosalba Child Nutrition Worker 4/30/2013
Moncada, Stephanie Child Nutrition Worker 4/30/2013
Stewart, Amy Beth Paraeducator 5/17/2013
Promotion
Giles, Araceli Preschool Assistant, Position #R02581 5/20/2013
Rose Ave. 3.0 hrs./183 days
Paraeducator I, Position #R02557
NfL 3.0 hrs./183 days
Kranzler, Thomas Network Systems Analyst, Position #R02885 5/6/2013
Technology 8.0 hrs./246 days
Microcomputer Network Support Technician, Position #R02330
Technology 8.0 hrs./246 daysIncrease in hours
Pangilinan, Elizabeth Child Nutrition Worker, Position #R02428 5/13/2013
Kamala 5.5 hrs./185 days
Child Nutrition Worker, Position #R02428
Kamala 4.0 hrs./185 days

Transfers
Cerball, Maria Preschool Teacher, Position #R02150 8/19/2013
Curren 4.0 hrs./183 days
Preschool Teacher, Position #R000767
San Miguel 4.0 hrs./183 days
Gutierrez, Gabriela Paraeducator III (B), Position #R00313 6/4/2013
Ritchen 6.0 hrs./183 days
Instructional Assistant SH, Position #R01913
Pupil Services 5.75 hrs./183 days

Magana, Consuelo Preschool Assistant, Position #R02147 8/19/2013
Curren 3.0 hrs./183 days
Preschool Assistant, Position #R00443
McKinna 3.0 hrs./183 days
OBrien, Gloria NfL Family Liaison, Position #R02433 5/2/2013
Sierra Linda 6.0 hrs./180 days
NfL Family Liaison, Position #R02751
NfL 3.0 hrs./180 days
Medical Layoff
4540 Child Nutrition Worker, Position #R02159 4/30/2013
5022 Child Nutrition Worker, Position #R02057 5/3/2013
1975 Assistant to the PH, Position #R01079 5/16/2013

Resignation
Barragan, Priscilla Paraeducator III, Position #R02552 6/20/2013
San Miguel 5.5 hrs./183 days
Plascencia, Annette Instructional Assistant PH, Position #R01805 5/20/2013
Pupil Services 5.5 hrs./183 days

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220
Retirement
Henry, Ortencia Attendance Accounting Technician, Position #R00358 9/4/1990-
6/28/2013

D.1 Following discussion, this item was tabled to the June 26, 2013 board
meeting.
APPROVAL OF
COMPREHENSIVE
SAFE SCHOOL PLANS

D.2 On motion by Trustee Duff, seconded by Trustee OLeary and carried
unanimously; the Board of Trustees awarded Bid #12-INF-03 Marshall School
Classroom Sound Attenuation, in the amount of $44,000.00, to be paid with
Measure L Funds; and entered into Agreement #12-226 with Kiwitts General
Building.


AWARD OF
INFORMAL BID #12-
INF-03 MARSHALL
SCHOOL
CLASSROOM
SOUND
ATTENUATION &
APPROVAL OF
AGREEMENT #12-
226, KIWITTS
GENERAL
BUILDING
(Motion #12-152)

D.3 On motion by Trustee OLeary, seconded by Trustee Robles-Solis and
carried unanimously; the Board of Trustees approved Credit Change Order #1 in
the amount of ($95,642.00) for Bid #11-02 Driffill Elementary School P2P
Project.


APPROVAL OF
CREDIT CHANGE
ORDER #1 TO BID
#11-02 SOLTEK
PACIFIC
CONSTRUCTION
(Motion #12-153)

D.4 On motion by Trustee Duff, seconded by Trustee Morrison and carried
unanimously; the Board of Trustees approved the project to install 3,520 square
feet of rubber surfacing and 161 linear feet of concrete curb/border for the
playground equipment at Marshall School, pursuant to Colton Joint Unified
School District Piggyback Bid #09-01, with Dave Bang Associates Inc., in the
amount of $45,598.20, to be paid with Deferred Maintenance Funds.


APPROVAL OF
PROJECT TO
INSTALL
PLAYGROUND
SURFACING AT
MARSHALL
SCHOOL
(Motion #12-154)

D.5 On motion by Trustee OLeary, seconded by Trustee Duff and carried
unanimously; the Board of Trustees approved Change Order #1 for time extension
of contract for Bid #12-INF-02 Kitchen Hood Upgrade/Replacement Project,
Agreement #12-160 with Kiwitts General Building; no cost change order.


APPROVAL OF
CHANGE ORDER #1
TO Bid #12-INF-02
KIWITTS GENERAL
BUILDING
(Motion #12-155)

Oxnard School District 06-05-13
Oxnard, California
221
D.6 On motion by Trustee OLeary, seconded by Trustee Duff and carried
unanimously; the Board of Trustees approved the Notice of Completion and filing
of such notice with the County Recorders Office for Bid #12-INF-02, Kitchen
Hood Replacement/Upgrade Project with Kiwitts General Building.

NOTICE OF
COMPLETION,
KITCHEN HOOD
REPLACEMENT/
UPGRADE PROJECT,
BID #12-INF-02
(Motion #12-156)

D.7 Mr. Yuri Calderon with CFW, Inc., provided a brief summary; following
discussion, on motion by Trustee Robles-Solis, seconded by Trustee OLeary and
carried unanimously; the Board of Trustees approved Agreement #12-229 with
OneInterface Engineering LLC for the purposes of evaluating the Districts
network infrastructure and its ability to support the proposed 1:1 technology
deployment; amount not to exceed $10,000.00, to be paid with Measure R
Funds.
APPROVAL OF
AGREEMENT #12-
229 ONEINTERFACE
ENGINEERING LLC
(Motion #12-157)

D.8 Mr. Yuri Calderon with CFW, Inc., provided a summary; following
discussion, on motion by Trustee Duff, seconded by Trustee OLeary and carried
on a roll call vote of 5-0; the Board of Trustees approved and adopted Resolution
#12-41 of the Oxnard School District Board of Trustees Authorizing The Filing of
a Change Request For a County-District-School (CDS) Code Reflecting Driffill as
a K-8 School and Submission of a new Application to OPSC for an Additional
Grant Apportionment Related Thereto; and proceed with the reconfiguration of
Driffill Elementary School to a K-8 School.


ADOPTION OF
RESOLUTION #12-41
OF OSD BOARD OF
TRUSTEES
AUTHORIZING THE
FILING OF A CHANGE
REQUEST FOR A
COUNTY-DISTRICT-
SCHOOL (CDS) CODE
REFLECTING
DRIFFILL AS A K-8
SCHOOL AND
SUBMISSION OF A
NEW APPLICATION TO
OPSC FOR AN
ADDITIONAL GRANT
APPORTIONMENT
RELATED THERETO
(Motion #12-158)

D.9 Mr. Yuri Calderon with CFW, Inc. provided a brief summary and stated
that the presentation tonight included a multipurpose/gym which was not in the
initial specifications but with the community involvement the committee
recommended this design and if the Board of Trustees does not agree with the
design presented tonight they must state so, then the team can go back and
negotiate a new price for the project. Mr. Bob Simmon with MVE Institutional
presented the proposed design and site layout for Project No. 3 Lemonwood
Reconstruction.

Following discussion, on motion by Trustee OLeary, seconded by
Trustee Robles-Solis and carried unanimously; the Board of Trustees approved
Agreement #12-231 Architectural Services Contract with MVE Institutional, and
the proposed design and site layout for Project No. 3 Lemonwood
Reconstruction; Basic Services Fee of $1,899,312.00 and an additional
reimbursable allowance is included for approved expenses not to exceed 2% of the
Basic Fee, or $37,986.00; to be paid with Measure R Funds.
CONSIDER APPROVAL
OF ARCHITECTURAL
SERVICES CONTRACT/
AGREEMENT #12-231
MVE INSTITUTIONAL
AND PROPOSED
SCHOOL SITE FOR
PROJECT NO. 3
LEMONWOOD
RECONSTRUCTION

(Motion #12-159)

Oxnard School District 06-05-13
Oxnard, California
222
D.10 Mr. Yuri Calderon with CFW, Inc. informed the Board that this item was
presented two weeks ago and the Board selected Vanir Construction Management,
this is a reconsideration of the agreement. On motion by Trustee Morrison,
seconded by Trustee OLeary and carried unanimously; the Board of Trustees
approved Pre-Construction Services Contract/Agreement #12-230 with Vanir
Construction Management, Inc. for Project No. 1 of Measure R; Basic Services
Fees of $120,000.00 and an additional reimbursable allowance is included for
approved expenses not to exceed $5,000.00; to be paid with Measure R Funds.

CONSIDER APPROVAL
OF PRE-
CONSTRUCTION
SERVICES CONTRACT/
AGREEMENT #12-230
VANIR
CONSTRUCTION
MANAGEMENT, INC.
FOR PROJECT NO. 1 OF
MEASURE R AND
OXNARD FACILITIES
PROGRAM
(Motion #12-160)

D.11 Mr. Yuri Calderon with CFW, Inc. reported that the District Selection
Committee had gone through the selection process to select pre-qualified Lease-
Leaseback delivery method for the Construction Manager Short List and at this
time were leaning towards this method for the Lemonwood Project but had not
made a final decision; the decision and recommendation would come to the Board
of Trustees for approval in the future.

On motion by Trustee OLeary, seconded by Trustee Duff and carried
unanimously; the Board of Trustees approved the Pre-Qualified Lease-Leaseback
Construction Management Firms listed below for the Facilities Implementation
Program:

Swinerton Builders (also pre-qualified CM)
Vanir Construction Management, Inc. (also pre-qualified CM)
CW Driver
Bernards Builders
Seward L. Schreder Construction, Inc.
Bruns Belmont Construction, Inc./Saramark (for pre-engineered
structures)
CONSIDER APPROVAL
OF PRE-QUALIFIED
LEASE-LEASEBACK
CONSTRUCTION
MANAGER SHORT
LIST FOR THE OSDS
MEASURE R
FACILITIES
IMPLEMENTATION
PROGRAM


(Motion #12-161)

E.1 Ms. Lisa Cline, Assistant Superintendent, Business & Fiscal Services,
provided a report on the Governors May Revise with most major policy issues
remaining as proposed in January, there was a substantial increase of revenues
which is mostly committed to school districts because of Proposition 98. She
provided information on LCFF (Local Control Funding Formula), CCSS
(Common Core State Standards), and a budget worksheet which included
Governor v. Senate v. Assembly. She reported the district would need to adopt
their 2013-14 budgets on June 14, 2013, which is before the state adopted its
budget on June 15, 2013. The recommendation will be to use the planning
guidance provided to complete the districts budget and be prepared to make
adjustments to the district budget after the School Finance Conference in July, it is
fully expected that the State will adopt their budget on-time.
BUDGET UPDATE

F.1 The Board of Trustees reviewed the Board Policies, Regulations and
Bylaws, listed below, for a first reading and directed administration to bring back
for adoption at the next board meeting.

Revision
BP/AR 1312.3
Community Relations
UNIFORM COMPLAINT PROCEDURES
Goldman
Revision
BP 4030
Personnel
NONDISCRIMINATION IN EMPLOYMENT
Goldman

FIRST READING OF
POLICIES,
REGULATIONS AND
BYLAWS

Oxnard School District 06-05-13
Oxnard, California
223
Revision
AR 4031
Personnel
COMPLAINTS CONCERNING
DISCRIMINATION IN EMPLOYMENT
Goldman
Revision
BP 4119.11
Personnel
SEXUAL HARASSMENT
Goldman
New
BP 5131.2
Students
BULLYING
Goldman
Revision
BP 5145.3
Students
NONDISCRIMINATION/HARASSMENT
Goldman



Mr. Chancer:
Thanked CSEA and their leadership for sharing their BBQ on Friday, did a
very nice job. He also thanked Trustees Robles-Solis, Duff and President Del
Rio-Barba for attending.
Requested Sean Goldman provide a report on the emergency disaster drill
conducted district-wide on May 30, 2013, with multiple agencies assisting
which included the Red Cross, Oxnard Police Department, and Oxnard Fire
Department.
Reported that last year the district participated in the ACE (Appreciate
Classified Employees) and would again this year, if anyone is interested please
contact Mr. Chancer, the event will take place on Thursday, June 13, 2013.
Invited the Board Members to the Cultural Proficiency Institute with VCOE
taking place on June 27
th
and June 28
th
, 2013, please contact Lydia Alvara in
Cathys office to make your reservation. The district will have a panel and if a
Board Member would like to join please call Mr. Chancer.
SUPERINTENDENTS
ANNOUNCEMENTS
Reminder that Promotion Activities are scheduled for June 19, 2013 starting at
9:00 a.m. and the last one is at 5:30 p.m. at the Performing Arts Center.
Thanked CFW for working with us. The district will receive a reimbursement
of a little over $9 million dollars from the State for Capital Improvement
Projects only.
Reported today he and other Superintendents met with Police Chief Williams
to discuss the contributions to SRO; he also reported that OSD has contributed
for the last five years $91,000.00 per year and the other district had not paid
anything. The Police Department is asking for $199,000.00 from us for 2013-
14. He is requesting to renegotiate the cost since OSD has been paying all
along and reported the Chief is in agreement.


Mrs. Veronica Robles-Solis:
Reported on May 21, 2013 she attended the Apple Distinguished Tour at
McKinna Elementary and was really pleased, there were representatives from
all over the county. She was most impressed with the involvement of the
Teachers and the way they are looking at what is working and what is not for
each student. She also toured the school garden and visited Mr. Oys
classroom.
TRUSTEES
ANNOUNCEMENTS
She also attended the Haydock Intermediate Award Ceremony on Thursday,
May 30, 2013 and congratulated all the students and wished them well in high
school.
She attended the Kamala Community K-8 meeting and would be attending
Haydocks Community meeting tomorrow. She thanked Cathy Kawaguchi for
answer all of the questions the parents had even if they were not in the
presentation.


Oxnard School District 06-05-13
Oxnard, California
224
Mr. Ernie Morrison:
Reported he attended the City Council meeting in regards to the Seabridge
Project and was happy they approved it without questions from the audience,
he was glad he attended.


Mr. Denis OLeary:
Reported on May 23, 2013 he attended a meeting on Linguistic Justice and the
main presenters were a group of translators and college students with MICOP
and they praised the Oxnard School District for using their services, and we are
leading the way in the County with translation and communication.
Reported on June 22, 2013 Retired Teacher Juanita Sanchez will be inducted
into the Ventura County Education Hall of Fame at Cal Lutheran College.


Mr. Albert Duff Sr.:
Reported he will not be at the June 26, 2013 board meeting, he will be out of
town.


Mrs. Ana Del Rio-Barba:
Congratulated the Parent Volunteers that were acknowledge today, she enjoyed
seeing the families and appreciates all of the hours the volunteers give to the
district community.
Thanked CSEA for the BBQ and district staff, she reported it was a nice
reception.
Reported she attended the McKinna Apple Distinguished event and was
intrigued how the hands-on makes such a difference, seeing the children focus
and interact with the computers is truly amazing. She stated education has
changed so much and it is really excited that the district is moving in that
direction to prepare the children for the way of the world. She learned a lot
and appreciated the opportunity to participate.
Thanked Trustees Morrison and Robles-Solis for attending the City Council
meeting, she was not able to attend but has heard positive comments from the
Mayor.


There being no further business, on motion by Trustee OLeary seconded
by Trustee Duff, President Del Rio-Barba adjourned the meeting at 10:35 p.m.
ADJOURNMENT


Respectfully submitted,

JEFF CHANCER
District Superintendent and
Secretary to the Board of Trustees






By our signature below, given on this _______ day of _________________, 20___, the

Governing Board of the Oxnard School District approves the Minutes of the Regular Board meeting of

June 5, 2013; on motion of Trustee ______________________, seconded by Trustee

__________________.


Oxnard School District 06-05-13
Oxnard, California
225

Signed: ______________________________________
President of the Board of Trustees

______________________________________
Clerk of the Board of Trustees

______________________________________
Member of the Board of Trustees

______________________________________
Member of the Board of Trustees

______________________________________
Member of the Board of Trustees

226
Oxnard School District 06-08-13
Oxnard, California

Minutes not yet approved

Special Board Meeting
June 8, 2013

The meeting was called to order at 8:40 a.m. by President Ana Del Rio-
Barba.
CALL TO ORDER

Trustee Del Rio-Barba led the audience in the Pledge of Allegiance. PLEDGE OF
ALLEGIANCE

Present were Trustees Albert Duff Sr., Denis OLeary, Ernest Morrison,
Veronica Robles-Solis and President Ana Del Rio-Barba. Also present was Mr.
Rich Thome and Ms. Gwen Gross, Consultants with Leadership Associates.
ROLL CALL



On motion of Trustee Robles-Solis, seconded by Trustee OLeary and
carried on a 5-0 vote; the agenda was adopted, as presented.
ADOPTION OF
AGENDA

No one addressed the Board of Trustees during this meeting. PUBLIC COMMENT

ANNOUNCEMENT PRIOR TO CLOSED SESSION: June 8, 2013:
After any public comments on the Closed Session agenda items, the Board will be
recessing to Closed Session to consider the following:


Under Government Code 54957 and Education Code 44943 for:
PUBLIC EMPLOYEE APPOINTMENT:
Interviews for District Superintendent


Trustees convened to closed session at 9:05 a.m. until approximately 5:12
p.m. to discuss items on the closed session agenda.
CLOSED SESSION


President Del Rio-Barba reported the Board took no reportable action in
closed session.
REPORT ON
CLOSED SESSION

There being no further business, on motion by Trustee OLeary seconded
by Trustee Robles-Solis and carried on a 5-0 vote, President Del Rio-Barba
adjourned the meeting at 5:15 p.m.
ADJOURNMENT

Respectfully submitted,

JEFF CHANCER
District Superintendent and
Secretary to the Board of Trustees

By our signatures below, given on this _______ day of _________________, 20__, the
Governing Board of the Oxnard School District approves the Minutes of its Special Board Meeting
of June 8, 2013; on motion of Trustee ________________________, and seconded by Trustee
________________________.



227
Oxnard School District 06-08-13
Oxnard, California

Signed:
______________________________________
President of the Board of Trustees

______________________________________
Clerk of the Board of Trustees

______________________________________
Member of the Board of Trustees

______________________________________
Member of the Board of Trustees

______________________________________
Member of the Board of Trustees

Oxnard School District 06-17-13
Oxnard, California
228
Minutes not yet approved

Special Board Meeting
June 17, 2013

The meeting was called to order at 10:00 a.m. by President Ana Del Rio-
Barba.
CALL TO ORDER

Present were Trustees Albert Duff Sr., Denis OLeary, Ernest Morrison,
Veronica Robles-Solis and President Ana Del Rio-Barba.
ROLL CALL


The Board of Trustees and District Community Representatives met with
individuals and groups from the Lawndale Elementary School District regarding a
final candidate for the Oxnard School District superintendent position.



There being no further business, on motion by Trustee Robles-Solis
seconded by Trustee Duff and carried on a 5-0 vote, President Del Rio-Barba
adjourned the meeting at 2:20 p.m.
ADJOURNMENT

Respectfully submitted,

JEFF CHANCER
District Superintendent and
Secretary to the Board of Trustees

By our signatures below, given on this _______ day of _________________, 20__, the
Governing Board of the Oxnard School District approves the Minutes of its Special Board Meeting
of June 17, 2013; on motion of Trustee ________________________, and seconded by Trustee
________________________.



Signed:
______________________________________
President of the Board of Trustees

______________________________________
Clerk of the Board of Trustees

______________________________________
Member of the Board of Trustees

______________________________________
Member of the Board of Trustees

______________________________________
Member of the Board of Trustees

Oxnard School District 06-19-13
Oxnard, California
229
Minutes not yet approved

Special Board Meeting
June 19, 2013

The meeting was called to order at 10:30 a.m. by President Ana Del Rio-
Barba.
CALL TO ORDER

Trustee OLeary led the audience in the Pledge of Allegiance. PLEDGE OF
ALLEGIANCE

Present were Trustees Albert Duff Sr., Denis OLeary, Ernest Morrison,
Veronica Robles-Solis and President Ana Del Rio-Barba. Also present was Ms.
Nitasha Sawhney, districts legal counsel.
ROLL CALL



On motion of Trustee Duff, seconded by Trustee Morrison and carried on
a 5-0 vote; the agenda was adopted, as presented.
ADOPTION OF
AGENDA

No one addressed the Board of Trustees during this meeting. PUBLIC COMMENT

ANNOUNCEMENT PRIOR TO CLOSED SESSION: June 19, 2013:
After any public comments on the Closed Session agenda items, the Board will be
recessing to Closed Session to consider the following:


Under Government Code Sections 54957.6 and 3549.1 for:
CONFERENCE WITH LABOR NEGOTIATORS

The District negotiators are the Assistant Superintendent of Human Resources &
Support Services and Garcia Hernndez Sawhney & Bermudez, LLP; and the
employee organizations are OEA, OSSA, CSEA: and all unrepresented personnel
administrators, classified management, confidential.


Under Government Code 54957 and Education Code 44943 for:
PUBLIC EMPLOYEE APPOINTMENT:
District Superintendent


Trustees convened to closed session at 10:35 a.m. until approximately
11:28 a.m. to discuss items on the closed session agenda.
CLOSED SESSION


President Del Rio-Barba reported the Board took no reportable action in
closed session.
REPORT ON
CLOSED SESSION

There being no further business, on motion by Trustee OLeary seconded
by Trustee Duff and carried on a 5-0 vote, President Del Rio-Barba adjourned the
meeting at 11:28 a.m.
ADJOURNMENT

Respectfully submitted,

JEFF CHANCER
District Superintendent and
Secretary to the Board of Trustees





Oxnard School District 06-19-13
Oxnard, California
230
By our signatures below, given on this _______ day of _________________, 20__, the
Governing Board of the Oxnard School District approves the Minutes of its Special Board Meeting
of June 19, 2013; on motion of Trustee ________________________, and seconded by Trustee
________________________.


Signed:
______________________________________
President of the Board of Trustees

______________________________________
Clerk of the Board of Trustees

______________________________________
Member of the Board of Trustees

______________________________________
Member of the Board of Trustees

______________________________________
Member of the Board of Trustees

BOARD AGENDA ITEM


Name of Contributor(s): Catherine Kawaguchi Date of Meeting: 11/13/13


Study Session _____
Closed Session _____
A. Preliminary __X__
B. Hearing _____
C. Consent Agenda __ __
D. Action Items _____
E. Reports/Discussion Items (no action) _____
F. Board Policies 1
st
Reading _____ 2
nd
Reading _____

TITLE: Adoption and Presentation of Resolution #13-12 2013 School Psychology Awareness
Week November 11-15, 2013 (Kawaguchi/Phipps)

DESCRIPTION:

The National Association of School Psychologists, (NASP) has recognized November 11-15,
2013 as School Psychology Awareness Week, We Are All in! Teams Work!

The District recognizes School Psychologists for the important and vital role that they play in the
personal and academic development and success of the Oxnard School District students.
School Psychologists collaborate with educators, parents, and other professionals to create
safe, healthy, and supportive learning environments that strengthen connections between home,
school, and the community for all students.

FISCAL IMPACT:

None.

RECOMMENDATION:

It is the recommendation of the Director, Pupil Services, and the Assistant Superintendent,
Educational Services, that the Board of Trustees approve the Adoption and Presentation of
Resolution #13-12, in recognition of 2013 School Psychology Awareness Week.

ADDITIONAL MATERIAL(S):

Attached: Resolution (1 page)






RESOLUTION NO. 13-12

School Psychology Awareness Week
November 11-15, 2013
We Are All In! Teams Work!

WHEREAS, children have a natural propensity to learn and have the right to learn; and

WHEREAS, it is imperative that society emphasize the needs of children and youth and invest in education
as a top priority; and

WHEREAS, to enhance the total environment in which children live and grow, schools must apply sound
psychological principles to instruction and learning, cultivate childrens intellectual, social and emotional
development, meet the educational needs of our culturally diverse student population, and promote early intervention
to ensure students scholastic success; and

WHEREAS, school psychologists help parents and educators foster healthy child development and are the
school-based experts in childrens learning and psychological development; and

WHEREAS, school psychologists are leaders in assessing and recommending interventions for at risk
students while promoting the endless possibilities for academic and personal success in the lives of the students they
serve; and

WHEREAS, school psychologists facilitate collaboration to help parents and educators identify and reduce
factors, promote protective factors, create safe and caring schools, access community resources to help students feel
connected, supported, and ready to achieve their individual goals; and

WHEREAS, it is appropriate that we all take the time to recognize the important and vital role that school
psychologists play in the personal and academic development of our states children; and

NOW, THEREFORE, BE IT RESOLVED that the Board of Trustees of the Oxnard School District
proclaims the week of November 11-15, 2013, as School Psychology Awareness Week, and encourages staff and the
community at large to celebrate the important contributions of this vital profession.

BE IT FURTHER RESOLVED that the Board of Trustees expresses its appreciation, and that of the
District staff, to the cadre of outstanding psychologists in the Oxnard School District for the exceptional care and
dedication given to the children of the Oxnard community.

Adopted this 13
th
day of November 2013.

____________________________ ____________________________
President, Board of Trustees Clerk, Board of Trustees

____________________________ ____________________________
Member, Board of Trustees Member, Board of Trustees

_________________________________
Member, Board of Trustees
OXNARD SCHOOL DISTRICT
1051 SOUTH A STREET OXNARD, CALIFORNIA 93030 (805) 385-1501, ext. 2351
Department of English Learner Services













MEMO

TO: Dr. Cesar Morales, Superintendent

FROM: Diane Villegas

DATE: October 17, 2013

SUBJECT: Grant Award to the Migrant Education Program

On behalf of the Migrant Education Program, I am pleased to inform you that we received a
donation in the amount of $9,500 from The Driscoll Philanthropy Group. These funds were
placed into the Migrant Donations account and as a result the Migrant Education Program will be
able to provide an outstanding field trip for program participants and their parents, and we will
again be able to provide holiday baskets for our families.

Our students and parents, together with program staff, are extremely grateful for this opportunity.

We are sincerely appreciative of the community outreach and support provided to our Migrant
families by Driscoll Farms and their Philanthropy Group, and would like to request that the
Board of Trustees be made aware of their donation.








BOARD AGENDA ITEM

Name of Contributor: J orge Gutierrez Date of Meeting: 11/13/13

STUDY SESSION _____
CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT __X__
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES 1
st
Reading _____ 2
nd
Reading _____

Approval of Agreement #13-145 E.J. Harrison & Sons Inc (Gutierrez)

At the Board Meeting of November 16, 2011, the Board of Trustees approved Agreement #11-191 with E.J .
Harrison & Sons Inc., for District Wide Trash Pickup Service, for the period of December 1, 2011 through
November 30, 2012.

It is now requested that the Board of Trustees approve Agreement #13-145 with E.J . Harrison & Sons Inc., to
cover the third year renewal of this service, for the period of December 1, 2013 through November 30, 2014.


FISCAL IMPACT:

$164,049.67 General Fund


RECOMMENDATION:

It is the recommendation of the Executive Director, Facilities, Planning, Engineering & Operations that the
Board of Trustees approve Agreement #13-145 with E.J . Harrison & Sons Inc.


ADDITIONAL MATERIAL:

Attached: Agreement #13-145, E.J . Harrison & Sons Inc. (2 Pages)
AGREEMENT

#13-145


This Agreement is entered into by and between the Oxnard School District (hereinafter called the "District"),
and E.J. Harrison & Sons Inc. (hereinafter referred to as Contractor").

In consideration of the promises and mutual covenants contained herein, it is agreed between the parties as
follows:

I

TERM

The termof this Agreement shall be fromDecember 1, 2013 through November 30, 2014 with option(s) to
renew. All indemnification provisions contained in the Agreement shall survive beyond the expiration of the
Agreement, and each additional one-year term.


II

WORK

Contractor shall performand render all services as prescribed and required by the General Conditions, Special
Bid Conditions, Information for Bidders, Specifications, Notice to Bidders, Bid Proposal Form, and all
documents forming a part of the bid package and any other documents signed by both parties relating to the
subject matter of the Agreement, all of which are incorporated by reference as though set forth in full herein.


III

NON-FUNDING

Notwithstanding any other provision to the contrary, if for any fiscal year of this Agreement the Board of
Trustees for any reason fails to appropriate or allocate funds for future payments under this Agreement, the
District will not be obligated to pay the balance of funds remaining unpaid beyond the fiscal period for which
funds have been appropriated and allocated.


IV

TERMINATION

This Agreement may be terminated by the District upon thirty (30) days written notice to the Contractor. The
Districts right to terminate under this paragraph shall be in addition to any other rights reserved to District
under this contract.


V

COMPENSATION

Contractor shall be compensated for the performance of its obligations under this Agreement as specified in the
executed Quotation Sheet(s), incorporated herein by reference.


VI

METHOD OF PAYMENT

Vendor will be paid upon receipt and acceptance of materials and supplies specified by purchase order. For
prompt payment, invoices must be accurate in all details, and invoice must be submitted in duplicate to
Oxnard School District, Accounts Payable, 1051 South A Street, Oxnard, California 93030.


VII

CONTRACT DOCUMENTS

This Agreement shall include the terms and conditions specified in the General Conditions, Special Bid
Conditions, Information for Bidders, Quotation Sheet, Notice to Bidders, Bid Proposal Form, and all
documents forming a part of the bid package, and any other documents signed by both parties relating to the
subject matter of the Agreement, all of which are incorporated by reference as though set forth in full herein.

VIII

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties. There are no understandings, agreements,
or representations not specified within this Agreement. Contractor, by execution of this Agreement,
acknowledges Contractor has read the Agreement, understands it, and agrees to be bound by its terms and
conditions.

In Witness Whereof, the parties have caused this Agreement to be executed on their behalf by their fully
authorized representatives.


E.J. HARRISON & SONS INC.: OXNARD SCHOOL DISTRICT:

Signature: Signature:

Name: Name: Lisa A. Franz
(print or type)

Title: Title: Director, Purchasing


Date: Date:

Approved by Board of Trustees on:
ItemNo.:______________
BOARD AGENDA ITEM

Name of Contributor: Catherine Kawaguchi Date of Meeting: 11/13/13

STUDY SESSION _____
CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT __X__
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES 1
st
Reading _____ 2
nd
Reading _____

Approval of Agreement/MOU #13-146 Elliot Schlang DDS Inc. (Kawaguchi/Phipps)

It has been determined that there are many students in need of dental services that are not currently receiving
them. By bringing the services to the schools, parents can schedule appointments within their own
communities. Dr. Elliot Schlang DDS Inc. shall provide dental visits to students on school campuses and set
up portable equipment in space approved by the site administrator.

Term of the Agreement: November 14, 2013 through November 30, 2014.


FISCAL IMPACT:

No fiscal impact.


RECOMMENDATION:

It is the recommendation of the Director, Pupil Services, and the Assistant Superintendent, Educational
Services that the Board of Trustees approve Agreement/MOU #13-146 with Elliot Schlang DDS Inc.


ADDITIONAL MATERIAL:

Attached: Agreement/MOU#13-146, Elliot Schlang DDS Inc. (2 Pages)
1

Agreement #13-146
MEMORANDUM OF UNDERSTANDING

ELLIOT SCHLANG DDS INC.
and
OXNARD SCHOOL DISTRICT

It is the mission of Elliot Schlang DDS Inc, PC (Provider) to improve the quality of childrens lives by
providing preventive [and, when appropriate, restorative] dental services (Services) to children who do not have
regular access to this care. Preventive services include dental exams, cleanings, fluoride treatments, x-rays and
sealants, where applicable. [Restorative dental services include fillings, pulpotomies (a root canal on baby teeth),
extractions of baby teeth, and crowns.]

The purpose of this Memorandum of Understanding, School-Based Dental Care (MOU) is to establish
the terms of the agreement between the Provider and Oxnard School District (District) under which Provider will
deliver Services on-site at schools within the District (Schools) to District students (Students).

Big Smiles agrees:

To provide Services to Students who have requested Services at Schools, subject to the terms and
conditions of this MOU, on dates to be mutually agreed upon by Provider and District (each, a Clinic
Date).

To provide Services to Students through licensed dentists, dental hygienists, dental assistants, and/or x-ray
technicians (Dental Team Members) who are in good standing with applicable licensing or regulatory
bodies. Provider will furnish the names of the Dental Team Members who will provide Services at Schools
to the District. Upon request, Provider will deliver copies of Dental Team Member certifications and/or
licenses to the District.

To provide the District and/or Schools with a sufficient number of consent forms for the provision of
Services (Consent Forms) and the Providers Health Insurance Portability and Accountability Act
(HIPAA) Notice of Privacy Practices for distribution to Students and/or their parent(s) or guardian(s).

To provide each School a list of Students seeking Services at that School on the Clinic Date. Provider
reserves the right to cancel or reschedule a Clinic Date if less than a minimum number of required students
(approximately 20) have requested services on the Clinic Date.

To provide each Student who receives Services a written report to take home to his or her parent(s) or legal
guardian(s) (Report) that describes the Services provided and includes a phone number to contact for any
questions regarding the Services provided. To the extent requested by the District and permitted by law,
Provider will furnish copies of the Report to the District and/or School. Provider will make additional
copies of the Report, x-rays, and other dental information available to the Students parent(s) or
guardian(s), the Students health care providers, and others upon request and to the extent authorized by
law.

Oxnard School District agrees:

To distribute Consent Forms to Students in the Fall and Spring semesters of each school year and at other
times upon request, to collect Consent Forms from Students in advance of the Clinic Date, and to deliver
completed Consent Forms to the Provider as far in advance of the Clinic Date as reasonably possible. The
Students parent(s) or guardian(s) will be instructed to return Consent Forms in a manner that protects the
confidentiality of the Students protected health information. District or School personnel may not review
completed Student Consent Forms and must deliver them to Provider in a manner that protects the
confidentiality of this information.



2
To provide usable space in the applicable School on the Clinic Date that is sufficient for Provider to furnish
the Services.

To assist as needed in the transport of Students seeking Providers Services to and from their classroom and
the Dental Teams School location.

To work directly with Providers management services company, ReachOut Healthcare America (RHA), in
the administration and implementation of this MOU. Provider has delegated to RHA responsibility for the
performance of many of Providers administrative tasks required under this MOU.

Other Terms and Conditions

1. Term. This MOU is effective for a one-year period beginning November 14, 2013 November 30, 2014
and will automatically renew for additional one-year terms thereafter unless and until terminated in
accordance with this Section. Either party may terminate this MOU with [thirty (30)] days written advance
notice of termination to the other party.

2 Payment. Provider is responsible for billing and collecting payment for its Services from Students third
party payor(s), parent(s) or guardian(s), as applicable. District will not pay Provider for its Services.

3 Insurance. Provider will secure and maintain a Commercial General Liability Policy (including coverage
for contractual liability with limits of not less than One Million Dollars ($1,000,000.00) per occurrence or
claim. Provider will secure and maintain Malpractice Errors and Omissions Policy with limits of One
Million Dollars ($1,000,000.00) per claim and Three Million Dollars ($3,000,000.00) aggregate. Provider
will secure and maintain Business Automobile Liability Insurance for automobiles owned, leased or hired
by Provider with a combined single limit of not less than One Million Dollars ($1,000,000.00) per
occurrence. Provider will deliver a copy of such insurance policies to District upon request. Provider will
further provide all required workers compensation insurance for its employees, if any. All of the insurance
policies described in this Section will be maintained at Providers expense.

4 Indemnification. Provider will defend, indemnify, and hold harmless the District and its agents, contractors,
employees, and governing board members, from and against all claims, damages, losses, and expenses
(including, but not limited to attorneys fees, costs, and fees of other professional consultants) arising out of
the negligent acts or omissions of the Provider or its respective agents, contractors, or employees. To the
extent permitted by law, District will defend, indemnify, and hold harmless the Provider and its agents,
employees, and contractors, from and against all claims, damages, losses, and expenses (including, but not
limited to attorneys fees, costs, and fees of other professional consultants) arising out of the negligent acts
or omissions of the District or its respective agents, contractors, employees, or governing board members.
The obligations described in this Section are not exclusive and will not be construed to negate, abridge, or
reduce other rights or obligations of indemnity that would otherwise exist as to a party, person, or entity
described in this paragraph.

5 Compliance with Law and District Policy. The parties will adhere to all applicable laws, regulations, and
District policies in the performance of their respective responsibilities under this MOU, including but not
limited to HIPAA. District will notify Provider of such laws, regulations, and policies applicable to its
Services, including Dental Team background check requirements, before the beginning of each school year
or at least three (3) months prior to the applicable Clinic Date, whichever is later.

ELLIOT SCHLANG DDS INC.: OXNARD SCHOOL DISTRICT:



Signature Signature


Lisa A. Franz, Director, Purchasing
Typed Name/Title Typed Name/Title



Date Date
BOARD AGENDA ITEM

Name of Contributor: Catherine Kawaguchi Date of Meeting: 11/13/13

STUDY SESSION _____
CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT __X__
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES 1
st
Reading _____ 2
nd
Reading _____

Approval of Agreement/MOU #13-147 Channel Islands Lions Club (Kawaguchi/Phipps)

The purpose of the Agreement/MOU is to establish and maintain a provision of service
relationship between the Oxnard School District and Channel Islands Lions Club. Channel
Islands Lions Club agrees to provide free eye exams and/or glasses to the students in the
Oxnard School District who meet the requirement of not having vision insurance.


FISCAL IMPACT:

None


RECOMMENDATION:

It is the recommendation of the Director, Pupil Services, and the Assistant Superintendent,
Educational Services, that the Board of Trustees approve Agreement/MOU #13-147 with the
Channel Islands Lions Club.


ADDITIONAL MATERIAL(S):

Attached: Agreement/MOU #13-147, Channel Islands Lions Club (2 Pages)
Lions Vision Coverage Criteria (1 Page)
Oxnard School District Agreement #13-147
Memorandum of Understanding


This Agreement/Memorandum of Understanding (MOU) is entered into by and between
Channel Islands Lions Club and the Oxnard School District.


Purpose: The purpose of the MOU is to establish and maintain a provision of service
relationship between two parties, The Oxnard School District and Channel Island Lions
Club. Channel Islands Lions Club agrees to provide free eye exams and or glasses to
the students in the Oxnard School District who meet the requirement of not having
vision insurance.


Term: The term of this MOU shall commence November 14, 2013 and shall terminate
November 30, 2014.


Compensation: The Oxnard School District will not be charged for the services
provided by Channel Island Lions Club.


Description of Services:

A. Oxnard School District agrees to the following:
1. Verify the student has no vision insurance.
2. Provide a coordinator at each school site.
3. Provide vision referrals by phone.
4. Assist family in coordinating the eye exam appointment.

B. Channel Islands Lions Club agrees to the following:
1. Work with school representative on eye exams and glasses referrals.
2. Authorize for student to receive free eye exams and glasses.
3. Refer to Doctor who accepts Channel Islands Lions Club referrals.
4. Agrees to comply with HIPPA compliance.
Termination: Either party may terminate this MOU without cause upon thirty (30) days
written notice.

Authorized Approval:

Channel Islands Lions Club: Oxnard School District:



Signature Signature


Howard W. Rowe, Sight Chairman Lisa A. Franz, Director, Purchasing
Typed Name/Title Typed Name/Title



Date Date
BOARD AGENDA ITEM

Name of Contributor: Catherine Kawaguchi Date of Meeting: 11/13/13

STUDY SESSION _____
CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT __X__
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES 1
st
Reading _____ 2
nd
Reading _____

Approval of Agreement/MOU #13-149 - Ventura County Office of Education CHAMPS
Professional Development (Kawaguchi/Phipps)

It is recommended that the Board of Trustees approve the Agreement/MOU between Ventura
County Office of Education (VCOE) and the Oxnard School District for the 2013-2014 school
year, to work together toward promoting systematic and coherent implementation of CHAMPS
for support staff, teachers, and administrators. Each agency according to its defined role,
agrees to participate in coordinating, providing and financing the following services for the
purpose of this agreement.


FISCAL IMPACT:

$14,690.00 Significant Disproportionate Coordinated Early Intervening Services Funds


RECOMMENDATION:

It is the recommendation of the Director, Pupil Services, and the Assistant Superintendent,
Educational Services, that the Board of Trustees approve Agreement/MOU #13-149 with the
Ventura County Office of Education.


ADDITIONAL MATERIAL(S):

Attached: Agreement/MOU #13-149, Ventura County Office of Education (1 Page)




AGREEMENT #13-149 BETWEEN
VENTURA COUNTY OFFICE OF EDUCATION AND OXNARD SCHOOL DISTRICT
FOR PROFESSIONAL LEARNING

The scope of this document is to define the roles and responsibilities of Ventura County Office of Education
Department of Curriculum and Instruction staff in training support staff, teachers and administrators of the
Oxnard School District, hereafter called the District. The purpose is to support staff in the successful
implementation of CHAMPS.

This serves as a Memorandum of Understanding and Responsibility Agreement that the District and the
Ventura County Office of Education will work together toward promoting systematic and coherent
implementation of CHAMPS for support staff, teachers and administrators. Each agency, according to its
defined role, agrees to participate in coordinating, providing and financing the following services for the
purpose of this agreement.

1. Ventura County Office of Education agrees to:
a. Provide sixteen (16) full day CHAMPS trainings on mutually agreed upon dates, at school site,
for K-8 support staff, teachers and administrators. The trainings will be presented by one
VCOE content specialist at $650 per day. The total cost for the sixteen (16) day CHAMPS
training sessions is $10,400.
b. Plan and develop materials and content customized to the needs of the District not to exceed 5
days at the content specialist rate of $650 per day. The total cost for the planning and
development of the training is not to exceed $3,250.
c. Maintain ownership of all documents and data produced in the training sessions.
d. Provide handouts for each participant for above trainings. VCOE graphic charges to be paid by
the District. Graphic charges are not to exceed $1,040.

2. The District agrees to:
a. Provide site for the professional learning session.
b. Provide presentation equipment as requested (LCD projector, screen and document camera,
and/or interactive white board).
c. Pay for and provide substitute teachers, if they are needed.
d. Support professional learning through regular classroom visits by school administrators to
monitor and support implementation of new learning.
e. Pay Ventura County Office of Education, $13,650 for one content specialist, plus additional
charges for materials and printing costs, not to exceed $1,040.

The Ventura County Office of Education shall monitor this Agreement to oversee implementation of project
activity. This Memorandum of Understanding and Responsibility Agreement shall be effective upon signature
and implemented November 14, 2013 until J une 30, 2014. Specific dates may be adjusted as mutually agreed upon.

Oxnard School District: Ventura County Office of Education:



Signature Signature

Lisa A. Franz, Director, Purchasing Valerie Chrisman, Ed. D., Associate Superintendent
Typed Name/Title Typed Name/Title


Date Date
BOARD AGENDA ITEM

Name of Contributor: Catherine Kawaguchi Date of Meeting: 11/13/13

STUDY SESSION _____
CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT __X__
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES 1
st
Reading _____ 2
nd
Reading _____

Approval of Agreement/MOU #13-153 - Santa Barbara/Ventura Counties Dental Care Foundation
(Kawaguchi/Driver)

This Memorandum of Understanding formalizes the working relationship between the Oxnard School District
(OSD) and Santa Barbara-Ventura Counties Dental Care Foundation (SBVCDCF) and describes the goals and
objectives of the Maternal & Infant Oral Health Program. Services stipulated below are provided at no cost to
families and the Oxnard School District.


Term of the agreement: November 14, 2013 through June 30, 2014


FISCAL IMPACT:

No fiscal impact.


RECOMMENDATION:

It is the recommendation of the Director, Curriculum, State & Federal Programs, and the Assistant
Superintendent, Educational Services that the Board of Trustees approve Agreement/MOU #13-153 with Santa
Barbara/Ventura Counties (SB/VC) Dental Care Foundation.


ADDITIONAL MATERIAL:

Attached: Agreement/MOU#13-153, SBVC Dental Care Foundation (1 Page)
Certificate of Insurance (5 Pages)
Oxnard School District Agreement #13-153
Memorandum of Understanding

The Oxnard School District (OSD) and the Santa Barbara-Ventura Counties Dental Care Foundation (SBVCDCF) are
participating in the Maternal & Infant Oral Health Program of Ventura County project and Family Smiles Oral Health
program. Local needs assessment indicates a need in the Oxnard community for preventative dental care for preschool
aged children.

The Santa Barbara-Ventura Counties Dental Care Foundation will provide the following:
Facilitate dental care education workshops for parents of children receiving screenings and/or treatments.
Provide dental screenings for OSD State Preschool, NfL and other partner agency preschool program students.
- Screenings will be performed by California licensed dentists.
Provide dental follow-up referrals and/or treatments for children determined to need further oral health care
services at no cost to parents of children and at no cost to the Oxnard School District.
- Dental treatments will be performed by California licensed dentists.
Utilize SBVCDCF mobile dental clinic to screen and treat children.
Provide the OSD a certificate of insurance naming the Oxnard School District as additional insured.
Obtain signed screening/treatment consent forms, (First 5/GEMS forms from parents of children) participating in
the project prior to screening and/or treatments.
Require parent/caretaker to approve in writing any dental treatment prior to rendering treatment.
Coordinate dental screenings directly with OSD/NfL program staff, elementary school staff, schedule treatment
appointments directly with parents, and coordinate education workshops directly with parents.

The Oxnard School District/Oxnard NfL Program/Elementary schools will:
Participate in the proposed projects goals and objectives.
Contact preschool partners and elementary schools and provide information about the proposed project.
Coordinate dental screenings with preschool partners, elementary schools, and SBVCDCF.
Provide the SBVCDCF a list of preschools and elementary schools with contact information for each.
Provide space for parent education workshops and allow the mobile dental clinic access onto district campuses for
dental screenings and treatments.
Coordinate use of facilities.

Term of this Agreement: November 14, 2013 to June 30, 2014

The Santa Barbara-Ventura Counties Dental Care Foundation and the Oxnard School District look forward to working
together toward the early identification and treatment of children needing dental care, and the prevention of future dental
concerns.




Elizabeth L. Layne, DDS, MSD, MBA, Executive Director Date
Santa Barbara-Ventura Counties Dental Care Foundation




Lisa A. Franz, Director, Purchasing Date
Oxnard School District

(Contingent Upon Board Approval)
CERTIFICATE HOLDER
1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05)
AUTHORIZED REPRESENTATIVE
CANCELLATION
DATE (MM/DD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE
LOC
JECT
PRO-
POLICY
GEN'L AGGREGATE LIMIT APPLIES PER:
OCCUR CLAIMS-MADE
COMMERCIAL GENERAL LIABILITY
GENERAL LIABILITY
PREMISES (Ea occurrence)
$
DAMAGE TO RENTED
EACH OCCURRENCE $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
$ RETENTION DED
CLAIMS-MADE
OCCUR
$
AGGREGATE $
EACH OCCURRENCE $
UMBRELLA LIAB
EXCESS LIAB
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
INSR
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
LIMITS
WC STATU-
TORY LIMITS
OTH-
ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
If yes, describe under
DESCRIPTION OF OPERATIONS below
(Mandatory in NH)
OFFICER/MEMBER EXCLUDED?
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
Y / N
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
HIRED AUTOS
NON-OWNED
AUTOS AUTOS
AUTOS
COMBINED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
$
$
$
$
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
ADDL
WVD
SUBR
N / A
$
$
(Ea accident)
(Per accident)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
The ACORD name and logo are registered marks of ACORD
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INSURED
PHONE
(A/C, No, Ext):
PRODUCER
ADDRESS:
E-MAIL
FAX
(A/C, No):
CONTACT
NAME:
NAIC #
INSURER A :
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
INSURER(S) AFFORDING COVERAGE
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INS025 (201005).01
9/12/2013
Tolman & Wiker Insurance Services LLC #0E52073
196 S. Fir Street
PO Box 1388
Ventura CA 93002-1388
Nikki Raunsbak, CISR
(805)585-6132 (805)585-6232
nraunsbak@tolmanandwiker.com
Santa Barbara-Ventura Counties Dental Care
1607 E Thompson Blvd
Ventura CA 93001
Nonprofits' Ins Alliance BKR 11384
GL 13/14
A
X
X
X
2013-37557-NPO
8/29/2013 8/29/2014
1,000,000
500,000
20,000
1,000,000
3,000,000
3,000,000
A Improper Sexual Conduct 2013-37557-NPO
08/29/2013 08/29/2014
$1,000,000 ea occ
Liability $3,000,000 aggregate
GL: Certificate Holder is Additional Insured as respects to Operations of the Named Insured per attached
Form # NIAC-E25 (01/98) which applies only as required by written contract during the policy term.
N Raunsbak, CISR/NIKK
Oxnard School District
1501 South A Street
Oxnard, CA 93030
7{APR256775
RENF\^IAL OF NUMBER
71 APR 271138
ITEM ONE NAMED INSURED & ADDRESS
SANTA BARBARA, VENTURA COUNTY'S
DENTAL CARE FOUNDATION
1607 E. THOMPSON BLVD.
VENTURI\ CA 93001
COLUMBIA INSURANCE COMPANY
OMAHA, NEBRASKA
BUSINESS AUTO COVERAGE DECLARATIONS
OilOgm1z12:01 AM TO 0tr09rzIt3
El The Declarations
indude a second
Part
designated'Part 2'.
GACode: N04052
12:0t A.M. Standard Time at the Named
lnuJred's Address stated above.
FORM OF NAMED INSURED'S BUSINESS: corporatlon
NAMED INSURED'S BUSINESS: MOBILE DENNST OFFICE & LAB
POLICYPERIOD: Policy covels FROM
ITEM N,t'O
_
SCHEDULE OF COVERAGES AI{D COVERED AUTOS
This poliry provides only those coverages where a charge is shovn in he premium mlumn below Each of these coverages will apply only to hose
'autos" shown as covered lautos". 'Autos' are sho*n as covered lautos" ftr a particular coverage by he entry of one or more ofthe symbols from the
COVERED AUTO Sedion ofthe Business Auto Coverage Form next to he name ofthe coverage.
PACI FIC CTATEWAY INSU RANCE AGENCY
Countersigned At
VALENCIA, CA
AUTHORIZED REPRESENTATIVE
ln Ulritn!ss whef,ed, we have caused this poliry to be executed and
By
ffitffi
President
COVERAGES
COVERED AUTOS
(Entry ot one ot me of b!
rymbds tom he COVERED
AUTos
gectbn
dlhe
Budne$Ado cove!ge
Fqm$Mwhch adosare
cwe@d eut6)
LIIIIIT OF I1'ISURAIICE
THE MOSTWE WLL PAY FOR ANYONE
A.CCIDENT OR LOSS
PREMIUM
IABILITY 7.8.9 $ 1.000.000 csl $.t
1,228
]ERSONAL
INJJRY PROTECTION
P.l.P )
(or equimlent NoJault mverage)
SEPARATELY STATED IN EACH P.I.P, ENDORSEMENT MINUS
s Deductible $
,DDED P I P. (or equiwlent added Nsfault cw.) SEPARATELY STATED IN EACH ADDED P.I.P. ENDORSEMENT $
)ROPERTY
PROTECTION INSURAI\CE
P.P.l.) (Michiqan only)
SEPpRATELY STATED lN THE P.P.l. ENDORSEI,/4ENT MINUS
$
Deductible FOR EACH ACCIDENT $
\UTO MEDICAL PAYMENTS 7 $
5,000 $ 124
ININSURED MOTORISTS 7 $ 1,000,000 CSL
{Bl
ortly) $
189
JNDER INSURED MOTORISTS
i9Bn not hdrded in UdHEd liblaids Cos4s) s $
COMPREHENSIVE COVERAGE
ACTUAL
CASH VALUE OR $ OEdUCtibIE FOR EACH COVEREOAUTO $
SPECIFIED CAUSES OF LOSS 7
cosr 0}_REPATR
see M 3gl2b
*ao*l#rr*,
$ (0812001)
o"ou*iat ron eEcH covenenruro $
lncl
COLLiSION COVERAGE 1
snrcHEVER rs See Xl 3912b
LESS MINUS
$ a08n0fil
Dedud,bte FOR EACH CoVEREDauro $
1,300
TOWNG AND LABOR $
Deductible FOREACH COVEREDAUTo $
ORMS AND ENDORSEMENTS CONTAINED IN THIS POLICY AT ITS INCEPTION
See ffi4572
{1"94)
I
PREMIUM FOR ENDORSEMENTb $
329
ESTIMATED TOTAL PREM IUM $
3,170
:NTER SYMBOL 1O DESCRIPTION I'IERE:
SUBJECT TO A FULLY EARNEB POLICYWRITING MINIMUM PREMIUM OF $
U
IF CANCELLED BY THE INSURED.
IEM THREE - SCHEDULE OF COVEREDAUTOS
ASATTACTIED
4
C4489c (07rm06)
Oil 1?tm12 l4:Zl 54C5SBI.|!BCF48E+&12A.81 CF324BA5731
M-3745 (7,861
ADDITIONAL INSURED ENDORSEMENT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsernent changes the policy on the inception date of the poliry, or if later, on the date shown below.
ln consideration of payment of the addilional
premium of $
include the additional insured narned herein, provided that:
61
,
LIABILITY INSURANCE is extended to
1) such insurane applies only to the ownership, maintenance or use of a covered ar.rto; and
2) such insurance applies only to acts or omissions by you, your agents or employees wtrile such covered
auto is being used in your business, and
3) such inclusion of additional insured shall not increase our limit of liability under this policy.
ADDITIONAL INSURED:
OXNARD UNION SCHOOL DISTRICT
1051 SOUTH A STREET
oxNARD, CA 93030
All other terms, conditions and agreenents remain unchanged'
CompanyName
Columbla lnsurance ComPanY
Policy Number
7r APR 271138
Endorsement Elfective
0110912012 t2:01 AM
Named lnsured
SANTA BARBARA, VENTURA COUNTY'S
Countersigned at
by
(Auhorized Representative)
ilir745
oai)
6,..:
ailfitm1z 14:22 5{C5fEl{BCF48E4.&t2A{1cF:1248
573
I'i,ORKERS COMPENSATION AID EMPLOYERS LIABILITY INSURANCE POLICY
NFORilATIONPAGE
The Dentists lnsurance ComPanY
lnsurer lD No(s). 40975
1. Named lnsured: Santa Barbara-Ventrra Countes Dental Care
Foundation, lnc.
lMailing Address:1607 E Thompson Blvd
Ventura, CA93001
95-2998837
PolicyNo. CAWC-004249-03
PriorPolicyNo. CAWC-004249-02
E tndividuat El t-t-c
tr Corporation E t-t-P
tr Partnership
fil
CIher |,lon profit
,
organization
lntra/lnterstate Risk lD No.
Otherworkplaces notshown abore: See Form WC M 00 03
2. This policyperiod is trom
o4n1DO13 kc
O4n1l2O14 12:0't AM. standard time atthe
insured's mailing address.
3. A Workers Compensalion tnsurance: Part One of tre policyapplies to the Workers Compensation Law of the states
listed here:
aO
B. Emploprs Liability lnsurance: Part Two of the policy applies to work in each state listed in ltem 3A The limiF of
our liabilityunder PartTwo are:
BodilylnjurybyAccident $ 1.000.000
each accident
BodilylnjurybyDisease $ 1 000 000
policylimit
BodilylnjurybyDisease $ 1.000,00q
each emplolee
C. OtSer States lnsurance: PartThree of the policyapplies to he states, if anylisted here:
D. This policyincludes these endorsemenb and schedules: See Form WC 04 00 M
4. The premium forthis policywill be determined byour lr/anual of Rules, Classifications, Rates and Rating Plans' Al
information required below is subjectto verification and change byaudit.
FEIN:
Eperience lvlodifi cation
Minimum Premium $
Code
Classifications
No.
8810 CLERICAL OFFICE
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BOARD AGENDA ITEM

Name of Contributor: Catherine Kawaguchi Date of Meeting: 11/13/13

STUDY SESSION _____
CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT __X__
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES 1
st
Reading _____ 2
nd
Reading _____

Approval of Agreement #13-158 Sandy Point Ink, LLC (Morales/Kawaguchi)

Per the terms & Conditions of the Federal MSAP Grant the district is required to hire a Program
Evaluator. It is requested that the Board of Trustees approve the attached agreement with
Sandy Point Ink LLC to perform these services. This proposal also includes the option for
program design/grant writing services to be performed for additional grants at our request.

Term of Agreement: November 14, 2013 through September 30, 2016


FISCAL IMPACT:

$175,000.00 (over 3 years) plus $75.00 per hour for Program Design/Grant Writing Services if
requested MSAP Grant Funds.


RECOMMENDATION:

It is the re commendation of the Superintendent, and the Assistant Superintendent, Educational
Services, that the Board of Trustees approve Agreement #13-158 with Sandy Point Ink LLC.


ADDITIONAL MATERIAL(S):

Attached: Agreement #13-158, Sandy Point Ink LLC (13 Pages)
Scope of Work (4 Pages)


OXNARD SCHOOL DISTRICT

Agreement #13-158


AGREEMENT FOR CONSULTANT SERVICES

This Agreement for Consultant Services (Agreement) is entered into as of this 13th day of November,
2013 by and between the Oxnard School District (District) and Sandy Point Ink, LLC (Consultant). District
and Consultant are sometimes hereinafter individually referred to as Party and hereinafter collectively referred to
as the Parties.
RECITALS
A. District is authorized by California Government Code Section 53060, and Board Policy 4368, to contract
with independent contractors for the furnishing of services concerning financial, economic, accounting,
engineering, legal, administrative and other matters. District has sought, by issuance of a Request for Proposals or
Invitation for Bids, the performance of the Services, as defined and described particularly on Exhibit A, attached to
this Agreement.
B. Following submission of a proposal or bid for the performance of the Services, Consultant was selected by
the District to perform the Services.
C. The Parties desire to formalize the selection of Consultant for performance of the Services and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained
here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as
follows:
1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all exhibits attached to this
Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein.
2. Term of Agreement. Subject to earlier termination as provided below, this Agreement shall remain in
effect from November 14, 2013 through September 30, 2016 (the Term). This Agreement may be extended
only by amendment, signed by the Parties, prior to the expiration of the Term.
3. Time for Performance. The scope of services set forth in Exhibit A shall be completed during the Term
pursuant to the schedule specified Exhibit A. Should the scope of services not be completed pursuant to that
schedule, the Consultant shall be deemed to be in Default as provided below. The District, in its sole discretion,
may choose not to enforce the Default provisions of this Agreement and may instead allow Consultant to continue
performing the Services.
4. Compensation and Method of Payment. Subject to any limitations set forth below or elsewhere in this
Agreement, District agrees to pay Consultant the amounts specified in Exhibit B Compensation. The total
compensation, shall not exceed One Hundred Seventy-Five Thousand Dollars ($175,000.00), plus $75.00 per hour
for Program Design/Grant Writing services if requested, unless additional compensation is approved in writing by
the District.

SD #4811-8575-0016 v3 2
a. Each month Consultant shall furnish to District an original invoice for all work performed and
expenses incurred during the preceding month. The invoice shall detail charges by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts.
Sub-consultant charges, if any, shall be detailed by the following categories: labor, travel, materials,
equipment and supplies. District shall independently review each invoice submitted by the Consultant
to determine whether the work performed and expenses incurred are in compliance with the provisions
of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved
and paid according to the terms set forth in subsection b. In the event any charges or expenses are
disputed by District, the original invoice shall be returned by District to Consultant for correction and
resubmission.
b. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by
District, District will use its best efforts to cause Consultant to be paid within forty-five (45) days of
receipt of Consultants correct and undisputed invoice.
c. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive
any defects in work performed by Consultant.
5. Termination. This Agreement may be terminated at any time by mutual agreement of the Parties or by
either Party as follows:
a. District may terminate this Agreement, with or without cause, at any time by giving thirty (30) days
written notice of termination to Consultant. In the event such notice is given, Consultant shall cease
immediately all work in progress; or
b. Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of
termination to District.
6. Inspection and Final Acceptance. District may, at its discretion, inspect and accept or reject any of
Consultants work under this Agreement, either during performance or when within sixty (60) days after submitted
to District. If District does not reject work by a timely written explanation, Consultants work shall be deemed to
have been accepted. Districts acceptance shall be conclusive as to such work except with respect to latent defects,
fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultants work by District shall not
constitute a waiver of any of the provisions of this Agreement including, but not limited to indemnification and
insurance provisions.
7. Default. Failure of Consultant to perform any Services or comply with any provisions of this Agreement
may constitute a default. The District may give notice to Consultant of the default and the reasons for the default.
District shall not have any obligation or duty to continue compensating Consultant for any work performed after the
date of the notice until the default is cured. The notice shall include the timeframe in which Consultant may cure
the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, at the
discretion of the District. During the period of time that Consultant is in default, the District shall hold all invoices
and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the District may, in
its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant
does not cure the default, the District may terminate this Agreement as provided above. Any failure on the part of
the District to give notice of the Consultants default shall not be deemed to result in a waiver of the Districts legal
rights or any rights arising out of any provision of this Agreement.
8. Ownership of Documents. All maps, models, designs, drawings, photographs, studies, surveys, reports,
data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the
course of providing any services pursuant to this Agreement (collectively and individually, the Documents) shall

SD #4811-8575-0016 v3 3
become the sole property of District and may be used, reused or otherwise disposed of by District without the
permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn
over to District all such Documents.
9. Use of Documents by District. If and to the extent that District utilizes for any purpose not related to this
Agreement any Documents, Consultants guarantees and warrants related to Standard of Performance under this
Agreement shall not extend to such use of the Documents.
10. Consultants Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultants performance of services pursuant to this Agreement for a minimum of
three years after termination or expiration of this Agreement, or longer if required by law.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks,
or other documents or records evidencing or relating to work, services, expenditures and disbursements
charged to District pursuant to this Agreement for a minimum of three years, or longer if required by
law, all in accordance with generally accepted accounting principles and with sufficient detail so as to
permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement.
b. Any and all such records or documents shall be made available for inspection, audit and copying, at
any time during regular business hours, upon request by District or its designated representative.
Copies of such documents or records shall be provided directly to the District for inspection, audit and
copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such
documents and records shall be made available at Consultants address indicated for receipt of notices
in this Agreement.
c. District has the right to acquire custody of such records by written request if Consultant decides to
dissolve or terminate its business. Consultant shall deliver or cause to be delivered all such records and
documents to District within sixty (60) days of receipt of the request.
11. Independent Contractor. Consultant is and shall at all times remain a wholly independent contractor and
not an officer, employee or agent of District.
a. The personnel performing the services under this Agreement on behalf of Consultant shall at all times
be under Consultants exclusive direction and control. Consultant, its agents or employees shall not at
any time or in any manner represent that Consultant or any of Consultants officers, employees, or
agents are in any manner officials, officers, employees or agents of District. Neither Consultant, nor
any of Consultants officers, employees or agents, shall, by virtue of services rendered under this
Agreement, obtain any rights to retirement, health care or any other benefits which may otherwise
accrue to Districts employees. Consultant will be responsible for payment of all Consultants
employees wages, payroll taxes, employee benefits and any amounts due for federal and state income
taxes and Social Security taxes since these taxes will not be withheld from payment under this
agreement.
b. Consultant shall have no authority to bind District in any manner, or to incur any obligation, debt or
liability of any kind on behalf of or against District, whether by contract or otherwise, unless such
authority is expressly conferred in writing by District, or under this Agreement.
12. Standard of Performance. Consultant represents and warrants that it has the qualifications, experience
and facilities necessary to properly perform the services required under this Agreement in a thorough, competent
and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability,
experience and talent, perform all services described herein. In meeting its obligations under this Agreement,

SD #4811-8575-0016 v3 4
Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing services similar to those required of Consultant under this Agreement.
13. Confidential Information. All information gained during performance of the Services and all Documents
or other work product produced by Consultant in performance of this Agreement shall be considered confidential.
Consultant shall not release or disclose any such information, Documents or work product to persons or entities
other than District without prior written authorization from the Superintendent of the District, except as may be
required by law.
a. Consultant shall promptly notify District if it is served with any summons, complaint, subpoena or
other discovery request, court order or other request from any party regarding this Agreement or the
work performed hereunder.
b. District retains the right, but has no obligation, to represent Consultant or be present at any deposition,
hearing or similar proceeding. Consultant agrees to cooperate fully with District and to provide District
with the opportunity to review any response to discovery requests provided by Consultant; provided
that this does not imply or mean the right by District to control, direct, or rewrite said response.
14. Conflict of Interest; Disclosure of Interest. Consultant covenants that neither it, nor any officer or
principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner
with the interests of District or which would in any way hinder Consultants performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such
interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent
of the District.
a. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest
with the interests of District in the performance of this Agreement.
b. Bylaws of the Board 9270 BB and 9270(BB) E, as hereinafter amended or renumbered, require that a
Consultant that qualifies as a designated employee must disclose certain financial interests by filing
financial interest disclosures. By its initials below, Consultant represents that it has received and
reviewed a copy of the Bylaws of the Board 9270 BB and 9270(BB) E and that it [____] does [X] does
not qualify as a designated employee.
______ (Initials)
c. Consultant agrees to notify the Superintendent, in writing, if Consultant believes that it is a designate
employee and should be filing financial interest disclosures, but has not been required to do so by the
District.
______ (Initials)
15. Compliance with Applicable Laws. In connection with the Services and its operations, Consultant shall
keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances,
regulations and rules in effect during the Term. Consultant shall obtain any and all licenses, permits and
authorizations necessary to perform the Services. Neither District, nor any elected or appointed boards, officers,
officials, employees or agents of District shall be liable, at law or in equity, as a result of any failure of Consultant
to comply with this section.
a. Without limiting the generality of the foregoing, Consultant shall comply with any applicable
fingerprinting requirements as set forth in the Education Code of the State of California.
______ (Initials)

SD #4811-8575-0016 v3 5
16. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seq., as amended, and in connection therewith,
shall not employ unauthorized aliens as that term is defined in 8 U.S.C.A. 1324a(h)(3). Should Consultant so
employ such individuals for the performance of work and/or services covered by this Agreement, and should any
liability or sanctions be imposed against District for such employment, Consultant hereby agrees to and shall
reimburse District for the cost of all such liabilities or sanctions imposed, together with any and all costs, including
attorneys' fees, incurred by District.
17. Non-Discrimination. Consultant shall abide by the applicable provisions of the United States Civil Rights
Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in any way, against
any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap,
medical condition or marital status in connection with or related to the performance of this Agreement.
18. Assignment. The expertise and experience of Consultant are material considerations for this Agreement.
District has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties
and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not
assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultants duties
or obligations under this Agreement without the prior written consent of the Board of Directors of the District. Any
attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement
entitling District to any and all remedies at law or in equity, including summary termination of this Agreement.
19. Subcontracting. Notwithstanding the above, Consultant may utilize subcontractors in the performance of
its duties pursuant to this Agreement, but only with the prior written consent of the District. The Consultant shall
be as fully responsible to the District for the acts and omissions of his Subcontractors, and of persons either directly
or indirectly employed by him/her, as if the acts and omissions were performed by him/her directly.
20. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultants staff and subcontractors, if any, assigned to perform the services required under this
Agreement.
a. Consultant shall insure that District has a current list of all personnel and sub-contractors providing
services under this Agreement.
b. Consultant shall notify District of any changes in Consultants staff and subcontractors, if any, assigned
to perform the services required under this Agreement, prior to and during any such performance. The
list notice shall include the following information: (1) all full or part-time staff positions by title,
including volunteer positions whose direct services are required to provide the services described
herein; (2) a brief description of the functions of each such position and the hours each position works
each week or, for part-time positions, each day or month, as appropriate; (3) the professional degree, if
applicable, and experience required for each position; and (4) the name of the person responsible for
fulfilling the terms of this Agreement.
21. Indemnification.
a. Indemnification for Professional Liability. Where the law establishes a professional standard of care
for Consultants Services, to the fullest extent permitted by law, Consultant shall indemnify, protect,
defend and hold harmless District and any and all of its officials, elected board members, employees
and agents (Indemnified Parties) from and against any and all losses, liabilities, damages, costs and
expenses, including attorneys fees and costs to the extent same are caused in whole or in part by any
negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or sub-

SD #4811-8575-0016 v3 6
consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this Agreement.
b. Indemnification for Other than Professional Liability. To the full extent permitted by law, Consultant
shall indemnify, protect, defend and hold harmless the Indemnified Parties from and against any
liability (including liability for claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness
fees), arising out of or in any way attributable to the performance of this Agreement by Consultant or
by any individual or entity for which Consultant is legally liable, including but not limited to officers,
agents, employees or sub-contractors of Consultant.
c. General Indemnification Provisions. Consultant agrees to obtain executed indemnity Agreements with
provisions identical to those set forth here in this section from each and every sub-contractor or any
other person or entity involved by, for, with or on behalf of Consultant in the performance of this
Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required
here, Consultant agrees to be fully responsible according to the terms of this section. Failure of District
to monitor compliance with these requirements imposes no additional obligations on District and will
in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend District as
set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the
termination of this Agreement.
______ (Initials)
d. The provisions of this section do not apply to claims occurring as a result of Districts sole negligence
or willful acts or omissions.
22. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit C Insurance and made a part of this Agreement. All
insurance policies shall be subject to approval by District as to form and content. These requirements are subject to
amendment or waiver if so approved in writing by the District Superintendent. Consultant agrees to provide
District with copies of required policies upon request.
23. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be
personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed
as follows:
To District: Oxnard School District
1051 South A Street
Oxnard, California, 93030
Attention: Catherine Kawaguchi
Phone: (805) 385.1501 x2301
Fax: (805) 486.7358
To Consultant: Sandy Point Ink, LLC
3990 Sirius Avenue
Lompoc, CA 93436
Attention: J onathan OBrien
Phone: (805) 291-2905
Fax: (805)

SD #4811-8575-0016 v3 7
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile (provided
confirmation of successful facsimile transmission shall be retained) or, if mailed, three (3) days after deposit of the
same in the custody of the United States Postal Service.
24. Excusable Delays. Consultant shall not be liable for damages, including liquidated damages, if any,
caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes
include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts
of District, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and
price of this Agreement shall be equitably adjusted for any delays due to such causes.
25. Authority to Execute. The person or persons executing this Agreement on behalf of Consultant represents
and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the
performance of its obligations hereunder.
26. Administration. CATHERINE KAWAGUCHI shall be in charge of administering this Agreement on
behalf of the District. The Administrator has completed Exhibit D Conflict of Interest Check attached hereto.
27. Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties.
28. Entire Agreement. This Agreement and the exhibits and documents incorporated herein constitute the
entire agreement and understanding between the parties in connection with the matters covered herein. This
Agreement supersedes any prior understanding or agreement, oral or written, of the parties with respect to said
matters.
29. Amendment. No amendment to or modification of this Agreement shall be valid or binding unless made
in writing by the Consultant and by the District. The parties agree that this requirement for written modifications
cannot be waived and that any attempted waiver shall be void.
30. Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement
shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the
provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent
breach or violation of any provision of this Agreement. Acceptance by District of any work or services by
Consultant shall not constitute a waiver of any of the provisions of this Agreement.
31. Governing Law. This Agreement shall be interpreted, construed and governed according to the laws of
the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively
in the County of Ventura, California.
32. Arbitration. Any dispute arising out of the performance of this Agreement shall be resolved by binding
arbitration in accordance with rules and procedures of the American Arbitration Association.
33. Severability. If any term, condition or covenant of this Agreement is declared or determined by any court
of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not
be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable
provision(s).

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

SD #4811-8575-0016 v3 8
IN WITNESS WHEREOF, the District and Consultant have executed and delivered this agreement for consultant
services as of the date first written above.

OXNARD SCHOOL DISTRICT: SANDY POINT INK, LLC:



Signature Signature

Lisa A. Franz, Director of Purchasing
Typed Name/Title Typed Name/Title


Date Date

Tax Identification Number: 95-6002318 Tax Identification Number:
Not Project Related
Project #13-158

SD #4811-8575-0016 v3 Exhibit A page 1

EXHIBIT A
TO AGREEMENT FOR CONSULTANT SERVICES #13-158
SERVICES

I. Consultant will perform the following Services under the Captioned Agreement:

PER ATTACHED SCOPE OF WORK DATED 11/4/13



II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the District:

PER ATTACHED SCOPE OF WORK DATED 11/4/13


III. During performance of the Services, Consultant will keep the District appraised of the status of performance by
delivering the following status reports under the indicated schedule:

STATUS REPORT FOR ACTIVITY: DUE DATE
A. N/A
B.
C.
D.


V. Consultant will utilize the following personnel to accomplish the Services:
None. TBD
See attached list.

VI. Consultant will utilize the following subcontractors to accomplish the Services (check one):
None. TBD
See attached list.

VII. AMENDMENT
The Scope of Services, including services, work product, and personnel, are subject to change by mutual
Agreement. In the absence of mutual Agreement regarding the need to change any aspects of performance,
Consultant shall comply with the Scope of Services as indicated above

Not Project Related
Project #13-158

SD #4811-8575-0016 v3 Exhibit B page 1
EXHIBIT B
TO AGREEMENT FOR CONSULTANT SERVICES #13-158
COMPENSATION

I. Consultant shall use the following rates of pay in the performance of the Services:

Total Compensation Not to Exceed $175,000.00

II. Consultant may utilize subcontractors as indicated in this Agreement. The hourly rate for any
subcontractor is not to exceed $TBD per hour without written authorization from the District
Superintendent or his designee.

III. The District will compensate Consultant for the Services performed upon submission of a valid invoice.
Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the
hourly rate.

B. Line items for all supplies properly charged to the Services.

C. Line items for all travel properly charged to the Services.

D. Line items for all equipment properly charged to the Services.

E. Line items for all materials properly charged to the Services.

F. Line items for all subcontractor labor, supplies, equipment, materials, and travel properly charged to the
Services.

IV. The total compensation for the Services shall not exceed $175,000.00, plus $75.00 per hour for Program
Design/Grant Writing services if requested, as provided in Section 4 of this Agreement.

Not Project Related
Project #13-158

SD #4811-8575-0016 v3 Exhibit C page 1
EXHIBIT C
TO AGREEMENT FOR CONSULTANT SERVICES #13-158


INSURANCE


I. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to the District
Superintendent or District Counsel, in full force and effect throughout the term of this Agreement, against claims
for injuries to persons or damages to property which may arise from or in connection with the performance of the
work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers
authorized to conduct business in the State of California and with a current A.M. Best's rating of no less than A, as
rated by the Current edition of Bests Key Rating Guide, published by A.M. Best Company, Oldwick, New J ersey
08858. Consultant shall provide the following scope and limits of insurance:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability coverage of not less than two million dollars ($2,000,000)
Aggregate and one million dollars ($1,000,000) per occurrence.

(2) Auto liability insurance with limits of not less than one million dollars ($1,000,000).

(3) Insurance coverage should include:

1. owned, non-owned and hired vehicles;
2. blanket contractual;
3. broad form property damage;
4. products/completed operations; and
5. personal injury.

(4) Workers' Compensation insurance as required by the laws of the State of California.

(5) Abuse and Molestation coverage of not less than two million dollars ($2,000,000) per
occurrence and five million dollars ($5,000,000) Aggregate.

(6) Professional liability (Errors and Omissions) insurance, including contractual liability, as
appropriate to the Consultants profession, in an amount of not less than the following:

Accountants, Attorneys, Education Consultants, $1,000,000
Nurses, Therapists

Architects $1,000,000 or $2,000,000

Physicians and Medical Corporations $5,000,000

Failure to maintain professional liability insurance is a material breach of this Agreement and grounds for
immediate termination

II. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:

Not Project Related
Project #13-158

SD #4811-8575-0016 v3 Exhibit C page 2
A. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the
coverage shall not be suspended, voided, cancelled by the insurer or either party to this Agreement, reduced in
coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been
given to District

B. General Liability, Automobile Liability, and Abuse/Molestation Coverages.

(1) District, and its respective elected and appointed officers, officials, employees and
volunteers are to be covered as additional insureds (collectively, additional insureds) as respects the following:
liability arising out of activities Consultant performs; products and completed operations of Consultant; premises
owned, occupied or used by Consultant ; automobiles owned, leased, hired or borrowed by Consultant, and
Abuse/Molestation. The coverage shall contain no special limitations on the scope of protection afforded to
additional insureds.

(2) Each policy shall state that the coverage provided is primary and any insurance carried by
any additional insured is in excess to and non-contributory with Consultants insurance.

(3) Consultants 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.

(4) Any failure to comply with the reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to any additional insured.

III. Other Requirements. Consultant agrees to deposit with District, at or before the effective date of this
contract, certificates of insurance necessary to satisfy District that the insurance provisions of this contract have
been complied with. The District may require that Consultant furnish District with copies of original endorsements
effecting coverage required by this Section. The certificates and endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. District reserves the right to inspect complete, certified
copies of all required insurance policies, at any time.

A. If any Services are performed by subcontractor, Consultant shall furnish certificates and
endorsements from each subcontractor identical to those Consultant provides.

B. Any deductibles or self-insured retentions must be declared to and approved by District. At the
option of District, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
District or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses
and claims.

C. The procuring of any required policy or policies of insurance shall not be construed to limit
Consultants liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
Not Project Related
Project #13-158

SD #4811-8575-0016 v3 Exhibit D page 1

EXHIBIT D
TO AGREEMENT FOR CONSULTANT SERVICES #13-158
CONFLICT OF INTEREST CHECK

Bylaws of the Board 9270(BB)E requires that the Superintendent or a designee make a determination, on a case by
case basis, concerning whether disclosure will be required from a consultant to comply with the Districts Conflict
of Interest Code (commencing with Bylaws of the Board 9270 BB).

Consultants are required to file disclosures when, pursuant to a contract with the District, the Consultant will make
certain specified government decisions or will perform the same or substantially the same duties for the District as a
staff person would.


The services to be performed by Consultant under the Agreement to which this Exhibit D is attached [] constitute
[X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code.
Therefore, the Consultant, SANDY POINT INK, LLC, who will provide Services under the Agreement, [] is [X]
is not subject to disclosure obligations.


Date:

By:
Lisa A. Franz
Director, Purchasing
SCOPEOFSERVICES
OXNARDSCHOOLDISTRICT&SANDYPOINTINK,LLC
This Memorandum of Understanding (MOU) Addendum is hereby entered between the
followingtwoparties:
LeadAgency: OxnardSchoolDistrict
ContactPerson/Title: Dr.CesarMorales,Superintendent
Phone: (805)3851501(Ext.2032)
Email: drcmorales@oxnardsd.org
Address: 1051SouthAStreet
OxnardCA93030
Contractor: SandyPointInk,LLC
ContactPerson/Title: JonathanOBrien
Phone: Office:8052912905/Jonscell:8057019023
Email: jobrien@sandypointink.com
Address: 3990SiriusAve.
Lompoc,CA93436
EIN: 262041231

ThetermsandconditionsofthisconsultingagreementbetweenOXNARDSCHOOLDISTRICT
(OSD)andSANDYPOINTINK,LLC,hereinaftercalled"Contractor,areasfollows:
Date: November4,2013
Contractor
Responsibilities:
Lead evaluation efforts for the Oxnard School District da Vinci Magnet
Academiesproject.
The Contractor will be responsible to Dr. Cesar Morales, Superintendent in
carryingouttheresponsibilitiesofProjectEvaluator.TheContractorwillalso
work with OSD staff, volunteers and consultants on an as needed basis to
completetheworkorder.
Specificduties:
As described in Office of Innovation and Improvement: Magnet Schools
Assistance Program CFDA 84.165A grant proposal submitted by OSD in
March1,2013
Start/EndDate:
Contractor's work will begin upon contractor being notified of contract
approvalandrunthrough09/30/2016.
Compensation:
201314:$50,000
20142015:$50,000
201516:$75,000
Terms:
Each year, initial payment of 25% of yearly contract followed by equal
monthlypaymentsoftheremainingannualbalancethroughtheendofthe
fiscalyear.



2
$12,500December1,2013
$6,250January1,2014
$6,250February1,2014
$6,250March,2014
$6,250April1,2014
$6,250May1,2014
$6,250June1,2014
$50,000201314Total

$12,500July1,2014
$3,409August1,2014
$3,409September1,2014
$3,409October1,2014
$3,409November1,2014
$3,409December1,2014
$3,409January1,2015
$3,409February1,2015
$3,409March1,2015
$3,409April1,2015
$3,409May1,2015
$3,410June1,2015
$50,000201415Total

$18,750July1,2015
$5,113August1,2015
$5,113September1,2015
$5,113October1,2015
$5,113November1,2015
$5,113December1,2015
$5,113January1,2016
$5,113February1,2016
$5,113March1,2016
$5,113April1,2016
$5,113May1,2016
$5,120June1,2016
$75,000201516Total

Invoice:
Contractor will submit monthly invoice 30 days prior to the payment due
date*.
* The exception to this will be the first 2013 payment. This invoice will be
submitteduponcontractapproval(estimatedtobe11/13/2013)withpayment
dueonDecember1,2013.
Additional
responsibilities:
If additional demands for evaluation services go beyond the scope of this
MOU, and the Project Evaluator responsibilities described in the funded
proposal,anadditionalfeeforadditionalserviceschargedatarateof$75/per
hour.
Should this MOU require modification, such changes shall be added by
mutualagreementbybothpartiesshownbelow.
ProgramDesign/
Grantwriting:
Theservicesdescribedhereindonotincludecontractorprogramdesignand
grantwritingservices.AsagreeduponbyOSDandthecontractor,Program
Design/grantwritingserviceswillbeperformedbythecontractoratarateof
$75perhour.
ContractorgrantsOSDrightoffirstrefusalforcontractor'sservicestodesign
andwriteanyeducationrelatedgrantproposal.
For example, if a school district or forprofit/nonprofit agency other than
OSD requests the contractor's program design/grant writing services on an
educationrelated grant proposal, the OSD will have first right to hire the
contractorforthatspecificgrantproposal.IftheOSDshouldchoosetoNOT
hire the contractor for that specific educationrelated grant proposal, then
thecontractormayopttoworkfortheotherentity.



3
Conflictof
Interest:
By entering into this agreement, contractor agrees t0 reserve an average of
1620hours/weekexclusivelyforworkingwiththeOSDandwillnotenterinto
an agreement with another contractor that may compromise his availability
totheOSD.
During the period of this proposed agreement, contractor will not
assist/contract out to any other school district, profit/nonprofit agency or
individualthathasasimilarareaoffocusastheOSDanditsrelatedactivities
withoutthepermissionofOSD.
Confidentiality:
ContractoragreestoallexistingconfidentialitypoliciesoftheOSD.
Contractorshallnot,duringthetimeofrendering servicestotheOSDunder
this agreement or thereafter, disclose to anyone other than authorized
employees of OSD (or persons designated by such duly authorized
employees of OSD) any information of a confidential nature, including but
not limited to, information relating to: any such materials or intellectual
property; any OSD projects or programs; the technical, commercial or any
other affairs of the OSD;or, any confidential information which the OSD has
receivedfromathirdparty.
Intellectual
PropertyRights:
Allconceptsandcontentcreatedbycontractorundertheauspicesofproject
evaluation, including, without limitation, images, videos and text, including
any intellectual property, such as copyrights or trademarks will be owned
solelyandlegallybytheOSD.
Cancellationof
Terms:
EitherpartymaycancelthiscontractbyissuingaNoticeofTermination(30
day written notice) which includes the reason(s) for termination. If the
contract is cancelled during the middle of the month, contractor will be
entitledtoretainthatentiremonth'scompensation.
Other
Commitments:
OSD understands that contractor is currently providing evaluation services
for the Lennox School District's TUPE and after school programs, Lawndale
School District's TUPE program, United Way of Santa Barbara County's FUN
IN THE SUN program and is under a fourmonth contract with the Rona
Barrett Foundation (October 15
th
, 2013 February 15
th
2014) for services
revolving around designing and finding for strategic initiatives related to
affordablehousingandothertypesofprogramsforlowincomeseniors.
Subjectto
Change:
By signing this agreement, both parties acknowledge that they understand
that USDE/Office of Innovation and Improvement: Magnet Schools
Assistance Program grants are for three years but are subject to
renewal/cancellationattheendofeachyear.




4
Agreedtoby:

Lisa A. Franz, Director,


Purchasing

NameofLeadAgency
AuthorizedSignatory
SignatureofLeadAgency
AuthorizedSignatory
Date

JonathanO'Brien 11/04/2013
NameofContractor
AuthorizedSignatory
SignatureofContractor
AuthorizedSignatory
Date


BOARD AGENDA ITEM

Name of Contributor: Catherine Kawaguchi Date of Meeting: 11/13/13

STUDY SESSION _____
CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT __X__
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES 1
st
Reading _____ 2
nd
Reading _____

Ratification of Amendment #1 to Agreement #13-65 - Assistance League, Non-Public
School, NPS (Kawaguchi/Phipps)

At the Board meeting of August 21, 2013, the Board of Trustees ratified Agreement #13-
65 with Assistance League, for Non-Public School services for 13 Preschool students
for the 2013-2014 school year, in the amount not to exceed $113,100.00.

The actual cost for services has exceeded the original amount and it is necessary to
increase the amount of Agreement #13-65, by $21,025.00 for a total agreement amount
of $134,125.00 for 2013-2014. The increase is due to the placement recommendation
of three (3) more Preschool students at a cost of $725 per month, through J uly 2014,
including Extended School Year.

Students: AG100710
TA120909
AA100209

FISCAL IMPACT:

Tuition: $725 monthly rate x 2 Pre-K students x 10 months =$14,500.00
$725 monthly rate x 1 Pre-K students x 9 months =$6,525.00
(including Extended School Year; ESY not to exceed 20 days)


Grand Total: $21,025.00 - Services to be paid with Special Education Funds.


RECOMMENDATION:

It is the recommendation of the Director, Pupil Services, and the Assistant Superintendent,
Educational Services, that the Board of Trustees ratify Amendment #1 to Agreement #13-65
with Assistance League School, NPS.


ADDITIONAL MATERIAL(S):

Attached: Amendment #1, Assistance League (1 Page)
Agreement #13-65, Assistance League (5 pages)




AMENDMENT #1 TO AGREEMENT #13-65 with
ASSISTANCE LEAGUE, NON-PUBLIC SCHOOL
November 13, 2013


At the Board meeting of August 21, 2013, the Board of Trustees ratified
Agreement #13-65 with Assistance League, for Non-Public School services for
13 Preschool students for the 2013-2014 school year, in the amount not to
exceed $113,100.00.

The actual cost for services has exceeded the original amount and it is
necessary to increase the amount of Agreement #13-65, by $21,025.00 for a
total agreement amount of $134,125.00 for 2013-2014. The increase is due to
the placement recommendation of three (3) more Preschool students at a cost of
$725 per month, through J uly 2014, including Extended School Year.

Students: AG100710
TA120909
AA100209


ASSISTANCE LEAGUE, NON-PUBLIC SCHOOL, OXNARD, CA:



Victoria Elliott, Director Date




OXNARD SCHOOL DISTRICT:



Lisa A. Franz, Director, Purchasing Date
BOARD AGENDA ITEM


Name of Contributor(s): Catherine Kawaguchi Date of Meeting: 11/13/13

STUDY SESSION _____
CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT __X__
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES 1
st
Reading _____ 2
nd
Reading _____

Ratification of Amendment #1 to Agreement #13-71 with Passageway, Non-Public
School, NPS (Kawaguchi/Phipps)

At the Board meeting of September 4, 2013, the Board of Trustees ratified Agreement
#13-71 with Passageway, for Non-Public School services for student AL081803 for 200
days during the 2013-2014 school year, including Extended School Year, in the amount
not to exceed $35,786.

The actual cost for services has exceeded the original amount and it is necessary to
increase the amount of Agreement #13-71 by $12,652.66 for a total agreement amount
of $48,438.66 for 2013-2014. The increase is due to one-on-one extra adult assistance
in the school setting for 4 hours a day, for 176 days at a $14.39 hourly rate, and 160
minutes of speech monthly, at a $94.58 hourly rate; this includes Extended School Year
through J uly 2014.

Student: AL081803


FISCAL IMPACT:

Speech Services: $94.58 per hour x (160 mins.) 2 hrs. & 40 mins. for 10
months =$252.21 x 10 months =$2,522.10

One-on-One rate: $14.39 x 4 hours =$5,756 x 176 days =$10,130.56

Grand Total: $12,652.66 Special Education Funds


RECOMMENDATION:

It is the recommendation of the Director, Pupil Services, and the Assistant
Superintendent, Educational Services, that the Board of Trustees ratify Amendment #1
to Agreement #13-71 with Passageway School, NPS in the amount not to exceed
$12,652.66.


ADDITIONAL MATERIAL(S):

Attached: Amendment #1, Passageway School (1 Page)
Agreement #13-71, Passageway School (5 pages)




AMENDMENT #1 TO AGREEMENT #13-71 with
PASSAGEWAY, NON-PUBLIC SCHOOL
November 13, 2013


At the Board meeting of September 4, 2013, the Board of Trustees approved
Agreement #13-71 with Passageway, for Non-Public School services for student
AL081803 for 200 days during the 2013-2014 school year, including Extended
School Year, in the amount not to exceed $35,786.

The actual cost for services has exceeded the original amount and it is
necessary to increase the amount of Agreement #13-71 by $12,652.66 for a total
agreement amount of $48,438.66 for 2013-2014. The increase is due to one-on-
one extra adult assistance in the school setting for 4 hours a day, for 176 days at
a $14.39 hourly rate, and 160 minutes of speech monthly, at a $94.58 hourly
rate; this includes Extended School Year through J uly 2014.

Student: AL081803


PASSAGEWAY, NON-PUBLIC SCHOOL, OXNARD, CA:



Shirley Juels, Administrator Date




OXNARD SCHOOL DISTRICT:



Lisa A. Franz, Director, Purchasing Date
BOARD AGENDA ITEM

Name of Contributor: Catherine Kawaguchi Date of Meeting: 11/13/13

STUDY SESSION _____
CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT __X__
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES 1
st
Reading _____ 2
nd
Reading _____

Ratification of Agreement #13-152 Sandra Alexander (Kawaguchi/Phipps)

Auditory-Verbal Therapy (AVT) is provided to students with a hearing loss who are utilizing
hearing aids and/or cochlear implants to develop spoken language. AVT maximizes language,
speech and cognition through the auditory channel. Parent attendance is mandatory.

Student: #MR090501


FISCAL IMPACT:

$5,320.00 Special Education Funds


RECOMMENDATION:

It is the recommendation of the Director, Pupil Services, and the Assistant Superintendent,
Educational Services, that the Board of Trustees ratify Agreement #13-152 with Sandra
Alexander.


ADDITIONAL MATERIAL(S):

Attached: Agreement #13-152, Sandra Alexander (13 Pages)
Proposal (1 Page)
Certificate of Insurance (1 Page)
OXNARD SCHOOL DISTRICT

Agreement #13-152


AGREEMENT FOR CONSULTANT SERVICES

This Agreement for Consultant Services (Agreement) is entered into as of this 13th day of November,
2013 by and between the Oxnard School District (District) and Sandra A. Alexander dba/Hear Ye, Hear Me
(Consultant). District and Consultant are sometimes hereinafter individually referred to as Party and
hereinafter collectively referred to as the Parties.
RECITALS
A. District is authorized by California Government Code Section 53060, and Board Policy 4368, to contract
with independent contractors for the furnishing of services concerning financial, economic, accounting,
engineering, legal, administrative and other matters. District has sought, by issuance of a Request for Proposals or
Invitation for Bids, the performance of the Services, as defined and described particularly on Exhibit A, attached to
this Agreement.
B. Following submission of a proposal or bid for the performance of the Services, Consultant was selected by
the District to perform the Services.
C. The Parties desire to formalize the selection of Consultant for performance of the Services and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained
here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as
follows:
1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all exhibits attached to this
Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein.
2. Term of Agreement. Subject to earlier termination as provided below, this Agreement shall remain in
effect from October 1, 2013 through July 31, 2014 (the Term). This Agreement may be extended only by
amendment, signed by the Parties, prior to the expiration of the Term.
3. Time for Performance. The scope of services set forth in Exhibit A shall be completed during the Term
pursuant to the schedule specified Exhibit A. Should the scope of services not be completed pursuant to that
schedule, the Consultant shall be deemed to be in Default as provided below. The District, in its sole discretion,
may choose not to enforce the Default provisions of this Agreement and may instead allow Consultant to continue
performing the Services.
4. Compensation and Method of Payment. Subject to any limitations set forth below or elsewhere in this
Agreement, District agrees to pay Consultant the amounts specified in Exhibit B Compensation. The total
compensation, including reimbursement for actual expenses, shall not exceed Five Thousand Three Hundred
Twenty Dollars ($5,320.00), unless additional compensation is approved in writing by the District.
SD #4811-8575-0016 v3 2
a. Each month Consultant shall furnish to District an original invoice for all work performed and
expenses incurred during the preceding month. The invoice shall detail charges by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts.
Sub-consultant charges, if any, shall be detailed by the following categories: labor, travel, materials,
equipment and supplies. District shall independently review each invoice submitted by the Consultant
to determine whether the work performed and expenses incurred are in compliance with the provisions
of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved
and paid according to the terms set forth in subsection b. In the event any charges or expenses are
disputed by District, the original invoice shall be returned by District to Consultant for correction and
resubmission.
b. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by
District, District will use its best efforts to cause Consultant to be paid within forty-five (45) days of
receipt of Consultants correct and undisputed invoice.
c. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive
any defects in work performed by Consultant.
5. Termination. This Agreement may be terminated at any time by mutual agreement of the Parties or by
either Party as follows:
a. District may terminate this Agreement, with or without cause, at any time by giving thirty (30) days
written notice of termination to Consultant. In the event such notice is given, Consultant shall cease
immediately all work in progress; or
b. Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of
termination to District.
6. Inspection and Final Acceptance. District may, at its discretion, inspect and accept or reject any of
Consultants work under this Agreement, either during performance or when within sixty (60) days after submitted
to District. If District does not reject work by a timely written explanation, Consultants work shall be deemed to
have been accepted. Districts acceptance shall be conclusive as to such work except with respect to latent defects,
fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultants work by District shall not
constitute a waiver of any of the provisions of this Agreement including, but not limited to indemnification and
insurance provisions.
7. Default. Failure of Consultant to perform any Services or comply with any provisions of this Agreement
may constitute a default. The District may give notice to Consultant of the default and the reasons for the default.
District shall not have any obligation or duty to continue compensating Consultant for any work performed after the
date of the notice until the default is cured. The notice shall include the timeframe in which Consultant may cure
the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, at the
discretion of the District. During the period of time that Consultant is in default, the District shall hold all invoices
and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the District may, in
its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant
does not cure the default, the District may terminate this Agreement as provided above. Any failure on the part of
the District to give notice of the Consultants default shall not be deemed to result in a waiver of the Districts legal
rights or any rights arising out of any provision of this Agreement.
8. Ownership of Documents. All maps, models, designs, drawings, photographs, studies, surveys, reports,
data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the
course of providing any services pursuant to this Agreement (collectively and individually, the Documents) shall
SD #4811-8575-0016 v3 3
become the sole property of District and may be used, reused or otherwise disposed of by District without the
permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn
over to District all such Documents.
9. Use of Documents by District. If and to the extent that District utilizes for any purpose not related to this
Agreement any Documents, Consultants guarantees and warrants related to Standard of Performance under this
Agreement shall not extend to such use of the Documents.
10. Consultants Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultants performance of services pursuant to this Agreement for a minimum of
three years after termination or expiration of this Agreement, or longer if required by law.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks,
or other documents or records evidencing or relating to work, services, expenditures and disbursements
charged to District pursuant to this Agreement for a minimum of three years, or longer if required by
law, all in accordance with generally accepted accounting principles and with sufficient detail so as to
permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement.
b. Any and all such records or documents shall be made available for inspection, audit and copying, at
any time during regular business hours, upon request by District or its designated representative.
Copies of such documents or records shall be provided directly to the District for inspection, audit and
copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such
documents and records shall be made available at Consultants address indicated for receipt of notices
in this Agreement.
c. District has the right to acquire custody of such records by written request if Consultant decides to
dissolve or terminate its business. Consultant shall deliver or cause to be delivered all such records and
documents to District within sixty (60) days of receipt of the request.
11. Independent Contractor. Consultant is and shall at all times remain a wholly independent contractor and
not an officer, employee or agent of District.
a. The personnel performing the services under this Agreement on behalf of Consultant shall at all times
be under Consultants exclusive direction and control. Consultant, its agents or employees shall not at
any time or in any manner represent that Consultant or any of Consultants officers, employees, or
agents are in any manner officials, officers, employees or agents of District. Neither Consultant, nor
any of Consultants officers, employees or agents, shall, by virtue of services rendered under this
Agreement, obtain any rights to retirement, health care or any other benefits which may otherwise
accrue to Districts employees. Consultant will be responsible for payment of all Consultants
employees wages, payroll taxes, employee benefits and any amounts due for federal and state income
taxes and Social Security taxes since these taxes will not be withheld from payment under this
agreement.
b. Consultant shall have no authority to bind District in any manner, or to incur any obligation, debt or
liability of any kind on behalf of or against District, whether by contract or otherwise, unless such
authority is expressly conferred in writing by District, or under this Agreement.
12. Standard of Performance. Consultant represents and warrants that it has the qualifications, experience
and facilities necessary to properly perform the services required under this Agreement in a thorough, competent
and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability,
experience and talent, perform all services described herein. In meeting its obligations under this Agreement,
SD #4811-8575-0016 v3 4
Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing services similar to those required of Consultant under this Agreement.
13. Confidential Information. All information gained during performance of the Services and all Documents
or other work product produced by Consultant in performance of this Agreement shall be considered confidential.
Consultant shall not release or disclose any such information, Documents or work product to persons or entities
other than District without prior written authorization from the Superintendent of the District, except as may be
required by law.
a. Consultant shall promptly notify District if it is served with any summons, complaint, subpoena or
other discovery request, court order or other request from any party regarding this Agreement or the
work performed hereunder.
b. District retains the right, but has no obligation, to represent Consultant or be present at any deposition,
hearing or similar proceeding. Consultant agrees to cooperate fully with District and to provide District
with the opportunity to review any response to discovery requests provided by Consultant; provided
that this does not imply or mean the right by District to control, direct, or rewrite said response.
14. Conflict of Interest; Disclosure of Interest. Consultant covenants that neither it, nor any officer or
principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner
with the interests of District or which would in any way hinder Consultants performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such
interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent
of the District.
a. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest
with the interests of District in the performance of this Agreement.
b. Bylaws of the Board 9270 BB and 9270(BB) E, as hereinafter amended or renumbered, require that a
Consultant that qualifies as a designated employee must disclose certain financial interests by filing
financial interest disclosures. By its initials below, Consultant represents that it has received and
reviewed a copy of the Bylaws of the Board 9270 BB and 9270(BB) E and that it [____] does [X] does
not qualify as a designated employee.
______ (Initials)
c. Consultant agrees to notify the Superintendent, in writing, if Consultant believes that it is a designate
employee and should be filing financial interest disclosures, but has not been required to do so by the
District.
______ (Initials)
15. Compliance with Applicable Laws. In connection with the Services and its operations, Consultant shall
keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances,
regulations and rules including, but not limited to, minimum wages and/or prohibitions against discrimination, in
effect during the Term. Consultant shall obtain any and all licenses, permits and authorizations necessary to
perform the Services. Neither District, nor any elected or appointed boards, officers, officials, employees or agents
of District shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.
a. Without limiting the generality of the foregoing, Consultant shall comply with any applicable
fingerprinting requirements as set forth in the Education Code of the State of California.
______ (Initials)
SD #4811-8575-0016 v3 5
16. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seq., as amended, and in connection therewith,
shall not employ unauthorized aliens as that term is defined in 8 U.S.C.A. 1324a(h)(3). Should Consultant so
employ such individuals for the performance of work and/or services covered by this Agreement, and should any
liability or sanctions be imposed against District for such employment, Consultant hereby agrees to and shall
reimburse District for the cost of all such liabilities or sanctions imposed, together with any and all costs, including
attorneys' fees, incurred by District.
17. Non-Discrimination. Consultant shall abide by the applicable provisions of the United States Civil Rights
Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in any way, against
any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap,
medical condition or marital status in connection with or related to the performance of this Agreement.
18. Assignment. The expertise and experience of Consultant are material considerations for this Agreement.
District has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties
and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not
assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultants duties
or obligations under this Agreement without the prior written consent of the Board of Directors of the District. Any
attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement
entitling District to any and all remedies at law or in equity, including summary termination of this Agreement.
19. Subcontracting. Notwithstanding the above, Consultant may utilize subcontractors in the performance of
its duties pursuant to this Agreement, but only with the prior written consent of the District. The Consultant shall
be as fully responsible to the District for the acts and omissions of his Subcontractors, and of persons either directly
or indirectly employed by him/her, as if the acts and omissions were performed by him/her directly.
20. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultants staff and subcontractors, if any, assigned to perform the services required under this
Agreement.
a. Consultant shall insure that District has a current list of all personnel and sub-contractors providing
services under this Agreement.
b. Consultant shall notify District of any changes in Consultants staff and subcontractors, if any, assigned
to perform the services required under this Agreement, prior to and during any such performance. The
list notice shall include the following information: (1) all full or part-time staff positions by title,
including volunteer positions whose direct services are required to provide the services described
herein; (2) a brief description of the functions of each such position and the hours each position works
each week or, for part-time positions, each day or month, as appropriate; (3) the professional degree, if
applicable, and experience required for each position; and (4) the name of the person responsible for
fulfilling the terms of this Agreement.
21. Indemnification.
a. Consultant agrees to defend, indemnify, and hold harmless District, its officers, agents, employees,
and./or volunteers from any and all claims, demands, losses, damages and expenses, including legal
fees and costs, or other obligations or claims arising out of any liability or damage to property, or any
other loss, sustained or claimed to have been sustained arising out of activities of the Consultant or
those of any of Consultants officers, agents, employees, or subcontractors, whether such act or
omission is authorized by this Agreement or not. Consultant shall also pay for any and all damage to
the Property of the District, or loss or theft of such Property, done or caused by such persons. District
SD #4811-8575-0016 v3 6
assumes no responsibility whatsoever for any property placed on district premises. Consultant further
agrees to waive all rights of subrogation against the District. The provisions of this Agreement do not
apply to any damage or losses caused solely by the negligence of the District or any of its officers,
agents, employees, and/or volunteers.
______ (Initials)
b. The provisions of this section do not apply to claims occurring as a result of Districts sole negligence
or willful acts or omissions.
22. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit C Insurance and made a part of this Agreement. All
insurance policies shall be subject to approval by District as to form and content. These requirements are subject to
amendment or waiver if so approved in writing by the District Superintendent. Consultant agrees to provide
District with copies of required policies upon request.
23. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be
personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed
as follows:
To District: Oxnard School District
1051 South A Street
Oxnard, California, 93030
Attention: Marikaye Phipps
Phone: (805) 385.1501 x2161
Fax: (805) 487.9648
To Consultant: Sandra A. Alexander
dba/Hear Ye, Hear Me
9947 Lanark Street
Sun Valley, CA 91352
Phone: (310) 713.8878
Fax: (818) 767.8870
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile (provided
confirmation of successful facsimile transmission shall be retained) or, if mailed, three (3) days after deposit of the
same in the custody of the United States Postal Service.
24. Excusable Delays. Consultant shall not be liable for damages, including liquidated damages, if any,
caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes
include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts
of District, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and
price of this Agreement shall be equitably adjusted for any delays due to such causes.
25. Authority to Execute. The person or persons executing this Agreement on behalf of Consultant represents
and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the
performance of its obligations hereunder.
26. Administration. MARIKAYE PHIPPS shall be in charge of administering this Agreement on behalf of
the District. The Director of Purchasing has completed Exhibit D Conflict of Interest Check attached hereto.
SD #4811-8575-0016 v3 7
27. Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties.
28. Entire Agreement. This Agreement and the exhibits and documents incorporated herein constitute the
entire agreement and understanding between the parties in connection with the matters covered herein.
29. Amendment. No amendment to or modification of this Agreement shall be valid or binding unless made
in writing by the Consultant and by the District. The parties agree that this requirement for written modifications
cannot be waived and that any attempted waiver shall be void.
30. Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement
shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the
provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent
breach or violation of any provision of this Agreement. Acceptance by District of any work or services by
Consultant shall not constitute a waiver of any of the provisions of this Agreement.
31. Governing Law. This Agreement shall be interpreted, construed and governed according to the laws of
the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively
in the County of Ventura, California.
32. Arbitration. Any dispute arising out of the performance of this Agreement shall be resolved by binding
arbitration in accordance with rules and procedures of the American Arbitration Association.
33. Severability. If any term, condition or covenant of this Agreement is declared or determined by any court
of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not
be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable
provision(s).

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
SD #4811-8575-0016 v3 8
IN WITNESS WHEREOF, the District and Consultant have executed and delivered this agreement for consultant
services as of the date first written above.

OXNARD SCHOOL DISTRICT: SANDRA A. ALEXANDER, DBA/HEAR YE, HEAR
ME:



Signature Signature

Lisa A. Franz, Director, Purchasing
Typed Name/Title Typed Name/Title


Date Date

Tax Identification Number: 95-6002318 Tax Identification Number:
Not Project Related
Project #13-152

SD #4811-8575-0016 v3 Exhibit A page 1

EXHIBIT A
TO AGREEMENT FOR CONSULTANT SERVICES #13-152
SERVICES

I. Consultant will perform the following Services under the Captioned Agreement:

*PER ATTACHED PROPOSAL

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the District:

*PER ATTACHED PROPOSAL



III. During performance of the Services, Consultant will keep the District appraised of the status of performance by
delivering the following status reports under the indicated schedule:

STATUS REPORT FOR ACTIVITY: DUE DATE
A. N/A
B.
C.
D.


V. Consultant will utilize the following personnel to accomplish the Services:
None.
See attached list.

VI. Consultant will utilize the following subcontractors to accomplish the Services (check one):
None.
See attached list.

VII. AMENDMENT
The Scope of Services, including services, work product, and personnel, are subject to change by mutual
Agreement. In the absence of mutual Agreement regarding the need to change any aspects of performance,
Consultant shall comply with the Scope of Services as indicated above

Not Project Related
Project #13-152

SD #4811-8575-0016 v3 Exhibit B page 1
EXHIBIT B
TO AGREEMENT FOR CONSULTANT SERVICES #13-152
COMPENSATION

I. Consultant shall use the following rates of pay in the performance of the Services:

**TOTAL FEE NOT TO EXCEED $5,320.00

II. Consultant may utilize subcontractors as indicated in this Agreement. The hourly rate for any
subcontractor is not to exceed $ N/A per hour without written authorization from the District
Superintendent or his designee.

III. The District will compensate Consultant for the Services performed upon submission of a valid invoice.
Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the
Hourly or flat rate.

B. Line items for all supplies properly charged to the Services.

C. Line items for all travel properly charged to the Services.

D. Line items for all equipment properly charged to the Services.

E. Line items for all materials properly charged to the Services.

F. Line items for all subcontractor labor, supplies, equipment, materials, and travel properly charged to the
Services.

IV. The total compensation for the Services shall not exceed $5,320.00, as provided in Section 4 of this
Agreement.

Not Project Related
Project #13-152

SD #4811-8575-0016 v3 Exhibit C page 1
EXHIBIT C
TO AGREEMENT FOR CONSULTANT SERVICES #13-152


INSURANCE

I. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to the District
Superintendent or District Counsel, in full force and effect throughout the term of this Agreement, against claims
for injuries to persons or damages to property which may arise from or in connection with the performance of the
work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers
authorized to conduct business in the State of California and with a current A.M. Best's rating of no less than A, as
rated by the Current edition of Bests Key Rating Guide, published by A.M. Best Company, Oldwick, New J ersey
08858. Consultant shall provide the following scope and limits of insurance:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability coverage of not less than two million dollars ($2,000,000)
Aggregate and one million dollars ($1,000,000) per occurrence.

(2) Auto liability insurance with limits of not less than one million dollars ($1,000,000).

(3) Insurance coverage should include:

1. owned, non-owned and hired vehicles;
2. blanket contractual;
3. broad form property damage;
4. products/completed operations; and
5. personal injury.

(4) Workers' Compensation insurance as required by the laws of the State of California.

(5) Abuse and Molestation coverage of not less than two million dollars ($2,000,000) per
occurrence and five million dollars ($5,000,000) Aggregate.

(6) Professional liability (Errors and Omissions) insurance, including contractual liability, as
appropriate to the Consultants profession, in an amount of not less than the following:

Accountants, Attorneys, Education Consultants, $1,000,000
Nurses, Therapists

Architects $1,000,000 or $2,000,000

Physicians and Medical Corporations $5,000,000

Failure to maintain professional liability insurance is a material breach of this Agreement and grounds for
immediate termination

II. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:

Not Project Related
Project #13-152

SD #4811-8575-0016 v3 Exhibit C page 2
A. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the
coverage shall not be suspended, voided, cancelled by the insurer or either party to this Agreement, reduced in
coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been
given to District

B. General Liability, Automobile Liability, and Abuse/Molestation Coverages.

(1) District, and its respective elected and appointed officers, officials, employees and
volunteers are to be covered as additional insureds (collectively, additional insureds) as respects the following:
liability arising out of activities Consultant performs; products and completed operations of Consultant; premises
owned, occupied or used by Consultant ; automobiles owned, leased, hired or borrowed by Consultant, and
Abuse/Molestation. The coverage shall contain no special limitations on the scope of protection afforded to
additional insureds.

(2) Each policy shall state that the coverage provided is primary and any insurance carried by
any additional insured is in excess to and non-contributory with Consultants insurance.

(3) Consultants 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.

(4) Any failure to comply with the reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to any additional insured.

III. Other Requirements. Consultant agrees to deposit with District, at or before the effective date of this
contract, certificates of insurance necessary to satisfy District that the insurance provisions of this contract have
been complied with. The District may require that Consultant furnish District with copies of original endorsements
effecting coverage required by this Section. The certificates and endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. District reserves the right to inspect complete, certified
copies of all required insurance policies, at any time.

A. If any Services are performed by subcontractor, Consultant shall furnish certificates and
endorsements from each subcontractor identical to those Consultant provides.

B. Any deductibles or self-insured retentions must be declared to and approved by District. At the
option of District, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
District or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses
and claims.

C. The procuring of any required policy or policies of insurance shall not be construed to limit
Consultants liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.


Not Project Related
Project #13-152

Exhibit D page 1

EXHIBIT D
TO AGREEMENT FOR CONSULTANT SERVICES #13-152
CONFLICT OF INTEREST CHECK

Bylaws of the Board 9270(BB)E requires that the Superintendent or a designee make a determination, on a case by
case basis, concerning whether disclosure will be required from a consultant to comply with the Districts Conflict
of Interest Code (commencing with Bylaws of the Board 9270 BB).

Consultants are required to file disclosures when, pursuant to a contract with the District, the Consultant will make
certain specified government decisions or will perform the same or substantially the same duties for the District as a
staff person would.


The services to be performed by Consultant under the Agreement to which this Exhibit D is attached [] constitute
[X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code.
Therefore, the Consultant, SANDRA A. ALEXANDER, DBA/HEAR YE, HEAR ME, who will provide
Services under the Agreement, [] is [X] is not subject to disclosure obligations.


Date:

By:
Lisa A. Franz
Director, Purchasing
BOARD AGENDA ITEM

Name of Contributor: Catherine Kawaguchi Date of Meeting: 11/13/13

STUDY SESSION _____
CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT __X__
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES 1
st
Reading_____ 2
nd
Reading_____

Approval of Overnight Field Trip and Agreement #13-150 The Outdoor School - Soria
(Kawaguchi/Fox)

Rancho Alegre is a four-day overnight field trip for our 6
th
grade students. During their stay they will
experience curriculum hikes, animal habitats, food chains, Native American history, fossils, plant
identification, astronomy, etc.


FISCAL IMPACT:

There is no impact to the General Fund. Costs are $268.00 per student, $134.00 per district staff
member, and the total including insurance and round-trip school bus transportation is not to exceed
$26,000.00. Costs will be paid from PTA and ASB funds.


RECOMMENDATION:

It is the recommendation of the Principal, Soria School, and the Assistant Superintendent,
Educational Services, that the Board of Trustees approve the Overnight Field Trip and Agreement
#13-150 with The Outdoor School, at no cost to the district.


ADDITIONAL MATERIAL:

Attached: Agreement #13-150, The Outdoor School (2 Pages)
BOARD AGENDA ITEM


Name of Contributor(s): Catherine Kawaguchi Date of Meeting: 11/13/13

STUDY SESSION _____
CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT __X__
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES 1
st
Reading _____ 2
nd
Reading _____

Approval of Overnight Field Trip and Agreement #13-157 Los Angeles County Office of
Education Outdoor School - McAuliffe School (Kawaguchi/Curtis)

Approval is requested for participation of 165 6
th
grade GATE and regular education students
from Christa McAuliffe School in an instructional program of Outdoor Science & Conservation
Education, December 2-6, 2013, at the Outdoor School operated by the Los Angeles County
Office of Education, located at 11495 Pacific Coast Hwy., Malibu, CA 90265.

6
th
Grade students will have an opportunity to enhance their science knowledge by participating
in numerous hands on science related activities. In addition to the curriculum enrichment,
students have an opportunity to be part of a team and an opportunity to become leaders.


FISCAL IMPACT:

There is no impact to the General Fund. Costs are $314 per student plus $1,000.00 for round-
trip school bus transportation. Costs will be covered by the PTA.


RECOMMENDATION:

It is the recommendation of the Principal, McAuliffe School, and the Assistant Superintendent,
Educational Services, that the Board of Trustees approve the Overnight Field Trip and
Agreement #13-157 with the Los Angeles County Office of Education, at no cost to the district.


ADDITIONAL MATERIAL(S):

Attached: Agreement #13-157, Los Angeles County Office of Education (10 Pages)
C-14123:13:14

LOS ANGELES COUNTY OFFICE OF EDUCATION

CONTRACT
FOR
PARTICIPATION IN A PROGRAM OF OUTDOOR SCIENCE
SCIENCE AND CONSERVATION EDUCATION
2013-2014

The LOS ANGELES COUNTY OFFICE OF EDUCATION, a public educational agency,
located at 9300 Imperial Highway, Downey, California 90242-2890, hereinafter
referred to as LACOE, and

OXNARD SCHOOL DISTRICT CHRISTA MCAULIFFE SCHOOL, hereinafter referred to
as District, mutually agree as follows:

1. BASIS OF CONTRACT

Pursuant to the provisions of Education Code Section 8763, LACOE may enter
into Contracts with governing boards of school districts in order to provide
programs and classes in outdoor science education and conservation education
for pupils of the District.

2. TERM OF CONTRACT

This Contract is effective September 1, 2013 and shall remain in effect through
June 30, 2014.

3. PAYMENT

3.1 Unless otherwise agreed in writing, District shall pay LACOE upon receipt of
invoices as specified below. It is understood and agreed that payment to
LACOE for participation in the Outdoor Science School shall be made for
each participant.

3.2 The required per-pupil payment is Two Hundred Ninety Two Dollars
($292.00) for 4 days and Three Hundred Fourteen Dollars ($314.00) for 5
days for attendance in the 2013-2014 school year. Payment shall be made
upon receipt of an invoice submitted to the District after completion of a
schools week at the Outdoor Science School. Payments are due within 45
days of the date of invoice.

There is no charge for the required number of teachers, cabin leaders, or
nurses assigned to the program by participating districts. If the required
number of teachers, cabin leaders, or nurses is exceeded, the District may
be charged for excess food and lodging costs.

3.3 The costs as specified in this Section are one-week costs. A week is defined
as the period beginning with lunch following the participants arrival on
Monday and ending with lunch on the following Friday, holiday weeks
excepted. Participants who do not attend the Outdoor Science School for a
November 14, 2013
OSD AGREEMENT #13-157
Los Angeles County 2 C-14123:13:14
Office of Education

full week shall be charged at the rate of Seventy-Three Dollars ($73.00) per
day.

3.4 At the option of the District, a school may collect an additional student fee
to cover busing and other internal costs.

3.5 In the event the District must cancel participation in the Outdoor Science
School, the District will provide LACOE with sixty (60) days advance
notification. If such notification is not provided, the District will be
responsible for a charge of up to Eighty Percent (80%) of the original
contracted amount to provide for irrecoverable costs.

3.6 Outdoor Science Field Study Day Programs may be arranged and
customized to meet the curriculum, instruction, and assessment needs of
schools. The per pupil cost of single day field study programs shall be
Twelve Dollars ($12.00) for a two hour program, Sixteen Dollars (16.00) for a
three hour program, and Twenty-nine Dollars ($29.00) for a five hour
program.

4. INDEMNIFICATION

District agrees to defend, indemnify, save, and hold harmless LACOE from and
against any and all demands, debts, liens, claims, losses, damages, liability,
costs, expenses (including, but not by way of limitation, attorneys fees and costs
actually incurred, whether or not litigation has commenced), judgments or
obligations, actions, or causes of action whatsoever, for or in connection with
injury, damage, or loss (including, but not limited to death) to any person or
property unless such injury, damage or loss results from or is connected with the
sole negligence or error or omission of LACOE. The provisions of this clause shall
not be limited to the availability or collectability of insurance coverage.

LACOE agrees to defend, indemnify, save, and hold harmless the District from
and against any and all demands, debts, liens, claims, losses, damages, liability,
costs, expenses (including, but not by way of limitation, attorneys fees and costs
actually incurred, whether or not litigation has commenced), judgments or
obligations, actions, or causes of action whatsoever, for or in connection with
injury, damage, or loss (including, but not limited to death) to any person or
property unless such injury, damage or loss results from or is connected with the
sole negligence or error or omission of the District. The provisions of this clause
shall not be limited to the availability or collectability of insurance coverage.

5. INSURANCE

District shall maintain such general liability, property damage, workers
compensation, and auto insurance as is required to protect District and LACOE
as their interests may appear.

6. NOTICES

Any notices to be given pursuant to this Contract shall be in writing and such
notices, as well as any other document to be delivered, shall be delivered by
personal service or by deposit in the U.S. Mail, certified or registered, return
Los Angeles County 3 C-14123:13:14
Office of Education

receipt requested, postage prepaid, and addressed to the party for whom intended
as follows:
To LACOE:

Administrative Services Manager
Contracts Section
LOS ANGELES COUNTY OFFICE OF EDUCATION
9300 Imperial Highway, ECW-101
Downey, CA 90242-2890

To District:

OXNARD SCHOOL DISTRICT
1051 South A Street
Oxnard CA 93030
ATTN: Mary Curtis

7. RESPONSIBILITIES OF LACOE

In order to provide such educational programs, LACOE shall perform the
following:

7.1 Contract with various camp facility owners for facilities, supplies and
services necessary for the operation of Outdoor Science School.

7.2 Provide for the organization and function of the Outdoor Science School
Steering Committee. The Steering Committee shall meet regularly to share
information and make recommendations with respect to the operation of the
Outdoor Science School.

7.3 Develop the official calendar each school year which establishes the period
of service and the number of students for each district which will participate
in the Outdoor Science School program.

7.4 Develop the annual budget for the Outdoor Science School program.

7.5 Employ, compensate and determine the duties of the staff of the Outdoor
Science School.

7.6 Provide curriculum materials for all participants of the Outdoor Science
School program.

7.7 Provide a food service program for pupils, teachers and other participants in
the Outdoor Science School program.

7.8 Provide first aid facilities and supplies for minor injuries or illnesses.

7.9 Assign pupils to cabins for residence while attending the Outdoor Science
School.



Los Angeles County 4 C-14123:13:14
Office of Education


8. RESPONSIBILITIES OF THE DISTRICT

District, as a participant in the Outdoor Science School program, shall perform
the following:

8.1 Recruit and provide for the attendance of pupils in the Outdoor Science
School program. Fill out and return the Outdoor Science School
Confirmation Sheet confirming the number of students who will participate.
Unless otherwise agreed, remit a non-refundable deposit of Twenty Dollars
($20.00) per student. This amount will be credited toward the Districts
invoice.

8.2 Unless otherwise agreed, LACOE shall invoice the District for at least 80% of
the number of pupils shown on the Confirmation Sheet, whether or not the
pupils actually attend the Outdoor Science School, unless notice of change
has been given at least two (2) months prior to the week of attendance.

8.3 Provide transportation for pupils, teachers and other participants to the
Outdoor Science School. Transportation shall be scheduled to ensure the
arrival of the participants before 11:00 a.m. on the beginning date and
departure by noon on the departure date as specified.

8.4 Provide a teacher, credentialed to teach in the State of California, for each
class of pupils scheduled to participate in the Outdoor Science School
program. The teacher is the authorized representative of the District at the
Outdoor Science School. The District is responsible for the health and
safety of District pupils during the entire period that the pupils are
participating in the program, including the time the pupils are in transit to
or from the Outdoor Science School.

8.5 Provide LACOE with the number of participants, by gender, at least ten (10)
days prior to their attendance at the Outdoor Science School (eleven (11)
days if attendance begins on a Tuesday).

8.6 If District funds are used, District shall submit a Purchase Order in advance
for participation at the Outdoor Science School.

8.7 Provide LACOE with an accurate list of the participants in the Outdoor
Science School program of the current school year. The list shall indicate
the name(s) for the teacher(s) who will supervise the pupils while at the
Outdoor Science School. The class list(s) shall be provided to LACOE upon
the arrival of participants on the first day of attendance at the Outdoor
Science School.

8.8 Provide one (1) cabin leader for every ten (10) pupils to supervise in the
cabins during residence at the Outdoor Science School.

8.9 Provide for the pre- and post-Outdoor Science School instruction of pupils
attending the program. LACOE shall provide assistance to District with
respect to such instruction if requested to do so.

Los Angeles County 5 C-14123:13:14
Office of Education

8.10 The District shall have on file a signed field trip authorization from the
parent or guardian of each student participating in the Outdoor Science
School. LACOE reserves the right to require copies of the field trip forms.

9. PAYMENT FOR VISITORS

Charges for District visitors to the Outdoor Science School are as follows:

Meals $ 7.00/each
Lodging $ 7.00/per day

Payment for District visitors may be made directly to the Outdoor Science School
site management or arrangement may be made by the District for these charges
to be included on the invoice from LACOE to the District.

10. REIMBURSEMENT FOR DAMAGES

District shall reimburse LACOE for any damages resulting from the use of
Outdoor Science School facilities, normal wear and tear excepted. Charges shall
be based upon the actual cost of materials, parts and labor required to repair the
damage. Payment shall be made upon receipt of an itemized invoice.


11. COVENANT AGAINST CONTINGENT FEES

District warrants that no person or selling agency has been employed or retained
to solicit or secure this Contract upon a Contract or understanding for a
commission, percentage, brokerage or contingent fee, excepting bona fide
established commercial or selling agencies retained by District for the purpose of
securing business. For breach or violation of this warranty, LACOE shall have
the right to immediate termination of this Contract and, at its sole discretion,
deduct from the contract price or consideration, or otherwise recover, the full
amount of such commission, percentage, brokerage, or commission fee.

12. EMPLOYEE FINGERPRINTING

During the entire term of the Contract, District, including all subcontractors,
shall fully comply with the provisions of the Education Code Section 45125.1
when LACOE determines that Districts employees and/or employees of
subcontractors will have more than limited contact with LACOE pupils in the
performance of the work of the Contract.

13. INDEPENDENT DISTRICT

While performing its obligations under this Contract, District is an Independent
District and not an officer, employee or agent of LACOE. District shall not at any
time or in any manner represent that it or any of its officers, employees, or agents
are employees of LACOE. District warrants its compliance with the criteria
established by the U.S. Internal Revenue Service (I.R.S.) and the California
Employment Development Department (EDD) for qualification as an Independent
District including, but not limited to, being hired on a temporary basis, having
some discretion is scheduling time to complete contract work, working for more
Los Angeles County 6 C-14123:13:14
Office of Education

than one employer at a time, and acquiring and maintaining its own office space
and equipment.

14. ASSIGNMENT

District shall not in any manner, directly or indirectly, by operation of law or
otherwise, assign, transfer or encumber this Contract or any portion hereof of
any interest herein, in whole or in part, without the prior written consent of
LACOE. If prior written consent is not given by LACOE to assign, transfer, or
encumber this Contract, such action shall be deemed automatically void. In
addition, District shall not subcontract the work to be performed pursuant to this
Contract without prior written approval of LACOE. The names and qualifications
of subcontractors or others whom District intends to employ, other than those
identified, shall be submitted to LACOE for prior written approval.

15. INTEGRATION

This Contract, including all exhibits and other documents incorporated herein or
made applicable by reference, contains the complete and final understanding of
the parties rights, duties and obligations with respect to the transaction
discussed in the Contract and supersedes all prior Contracts, understandings
and commitments, whether oral or written. This Contract shall not be amended
in any way except by a writing expressly purporting to be such an amendment,
signed and acknowledged by both of the parties hereto.

16. MODIFICATION

The Contract shall not be modified or amended without mutual written consent
of the parties. If any actual or physical deletions or changes appear on the face
of the Contract, such deletions or changes shall only be effective if the initials of
both contracting parties appear beside such deletion or change.

17. ORDER OF PRECEDENCE

Except as specifically provided elsewhere in this Contract, conflicting, vague
and/or ambiguous provisions of this Contract shall prevail in the following order
of precedence: (1) the provisions in the body of this Contract, (2) the exhibits of
the Contract, if any; (3) all other documents cited in this Contract or incorporated
by reference.

18. SEVERABILITY / WAIVER

18.1 If any provision of this Contract is determined to be illegal,
unenforceable, or invalid, such act shall in no way affect the validity of
any other provision in this Contract.

18.2 No waiver of any provision of this Contract shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor
shall any such waiver constitute a continuing or subsequent waiver of
the same provision. No waiver shall be binding unless executed in
writing by the party making the waiver.

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19. AMENDMENTS

The Contract may be amended by mutual written consent of the parties.

20. TERMINATION

The Contract may be terminated by LACOE upon 30 days advance written
notification.

21. FAILURE TO COMPLY

In the event District fails to perform in accordance with the indemnification or
insurance requirement clauses of this Contract, makes inaccurate certifications
as a part of this contract or contracting process, or otherwise breaches any other
clause of this Contract, LACOE, the Los Angeles County Board of Education and
the individuals thereof, and all officers, agents, employees, representatives, and
volunteers shall be entitled to recover all legal fees, costs, and other expenses
incident to securing performance or incurred as a consequence of
nonperformance.

22. ATTORNEYS FEES

Should either party be required to file any legal action or claim to enforce any
provision of this Contract or resolve any dispute arising under or connected to
this Contract, except as set forth in the Failure to Comply in this contract, each
party shall bear its own attorneys fees and costs in bringing such an action and
any judgment or decree rendered in such a proceeding shall not include an award
thereof.

23. COMPLIANCE WITH LAW

District shall comply with all applicable federal, state, and local laws, statutes,
ordinances, rules, regulations, policies, and procedures in performing under this
Contract. District warrants that it has all licenses, permits, certificates and
credentials required by law to perform the work specified under this Contract and
shall, upon request by LACOE, provide evidence of same.

24. FORCE MAJEURE

In the event that performance on the part of any party hereto shall be delayed or
suspended as a result of circumstances beyond the reasonable control and
without the fault or negligence of said party, none of the parties shall incur any
liability to the other parties as a result of such delay or suspension.
Circumstances deemed to be beyond the control of the parties hereunder shall
include, but not be limited to, acts of God or of the public enemy, insurrection,
acts of the federal government or any unit of state or local government in
sovereign capacity, fires, floods, epidemics, quarantine restrictions, strikes,
freight embargoes or delays in transportation, to the extent that such
circumstances are not caused by the partys willful or negligent acts or
omissions, and to the extent that they are beyond the partys reasonable control.


Los Angeles County 8 C-14123:13:14
Office of Education

25. GOVERNING LAW/FORUM SELECTION

This Contract is made, entered into and executed in Los Angeles County,
California, and the parties agree that any legal action, claim or proceeding arising
out of or connected with this Contract shall be filed in the applicable court in Los
Angeles County, California. The parties further agree this Contract shall be
construed, and all disputes hereunder shall be settled, in accordance with the
laws of the State of California.

26. INCORPORATION BY REFERENCE

Any exhibits referenced herein shall be incorporated and made a part of this
Contract.

27. PROVISIONS REQUIRED BY LAW DEEMED INSERTED

Each and every provision of law and clause required by law to be inserted in this
contract shall be deemed to be inserted herein and the contract shall be read and
enforced as though it were so inserted and included.

28. RECORD RETENTION AND INSPECTION

District agrees that LACOE shall have access to and the right to examine, audit,
excerpt, copy or transcribe any pertinent records pertaining to this Contract. All
records shall be kept and maintained by District and made available to LACOE
during the entire term of this Contract and for a period not less than five (5) years
after final payment hereunder by LACOE.

29. NO THIRD PARTY OBLIGATIONS

The execution and delivery of this Contract shall not be deemed to confer any
rights upon, nor obligate any parties thereto, to any person or entity other than
the parties hereto.

30. LACOE BUDGET/GRANT FUNDS CONTINGENCY

If any portion(s) of LACOEs financial budget affecting the contractual time period
of this agreement does not appropriate sufficient funds for these contracted
services and/or related programs, or if grant funds related to these contracted
services and/or related programs are not available for any reason whatsoever,
this agreement shall be of no further force and effect. In this event, LACOE shall
have no liability to pay any funds to District under this agreement, and the
District shall not be obligated to perform any provisions of this agreement.

In such instances, particularly when partial funding remains available, LACOE
shall have the option to either terminate this agreement with no liability
occurring to LACOE, or LACOE may offer an amendment to this agreement to
reflect the reduced availability of funds.




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Office of Education

31. NON-DISCRIMINATION AND NON-SEGREGATION

During the performance of this Contract, both parties hereby agrees to comply
with all Federal, state and local laws respecting non-discrimination in
employment and non-segregation of facilities including, but not limited to
requirements set out in 41 CFR 60-1.4, 60-250.4 and 60-741.4, which equal
opportunity clauses are hereby incorporated by reference.

32. TOBACCO-FREE WORKPLACE

When at LACOE-owned or LACOEleased buildings, both parties hereby agree to
comply with the Los Angeles County Board of Educations Policy 3515.1 which
states: It is the intention of the office (LACOE) to provide a smoke-free
workplace within all buildings owned or leased by the office (LACOE) commencing
June 30, 1995.

33. ALCOHOL AND DRUG-FREE WORKPLACE

Both parties hereby certify under penalty or perjury under the laws of the State of
California that District will comply with the requirements of the Drug-Free
Workplace Act of 1988 (Government Code Section 8350 et. seq.), and the Los
Angeles County Board of Educations Alcohol and Drug-Free Workplace Policy
4034.

34. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR OTHER
INELIGIBILITY (Federal Executive Order 12549)

By executing this contractual instrument, District certifies to the best of its
knowledge and belief that it and its principals:

34.1 Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
Department or Agency;

34.2 Have not, within a three-year period preceding the execution of this
contractual instrument, been convicted of, or had a civil judgment
rendered against them, for: commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public
transaction (Federal, State or Local) or contract under a public
transaction; or violation of Federal or State antitrust statutes; or
commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property;

34.3 Are not presently indicted for, or otherwise criminally or civilly charged by
any government entity (Federal, State or Local), with commission of any of
the offenses enumerated in Section 34.2 above, of this certification; and,

34.4 Have not, within a three-year period preceding the execution of this
contractual instrument, had one or more public transactions (Federal,
State or Local) terminated for cause of default.

Los Angeles County 10 C-14123:13:14
Office of Education

35. EXECUTION REQUIREMENTS

Proper signatures required for execution of this instrument may be by original
signature; photocopy; fax/facsimile copy; valid, encrypted, electronic
transmission/signature; and/or other commonly accepted, widely used,
commercially acceptable signature methods. This instrument may be executed in
counter-parts by each party on a separate copy thereof with the same force and
effect as though all parties had executed a single original copy.


LOS ANGELES COUNTY OXNARD SCHOOL DISTRICT
OFFICE OF EDUCATION



By By
Deborah C. Harris
Assistant Director
Administrative Services Type or Print Name
Controllers Office
Title


Date Date
ab 10-10
Board 7/15/13

Lisa A. Franz
Director, Purchasing
BOARD AGENDA ITEM

Name of Contributor: Lisa Cline Date of Meeting: 11/13/13

STUDY SESSION _____
CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT __X__
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES 1
st
Reading _____ 2
nd
Reading _____

Disposal of Surplus Personal Property (Cline/Franz)

The district owns surplus personal property as shown on the attached list dated
September 2013. Items deemed suitable will be tagged for sale at our next surplus sale,
and all other items will be disposed of and/or recycled at the appropriate facilities. It is
requested that the Board of Trustees declare this property obsolete and approve the sale
and/or disposal per California Education Code 17546 which permits the disposal of
personal property with a value of less than $2,500.00.


FISCAL IMPACT

None


RECOMMENDATION

It is the recommendation of the Assistant Superintendent, Business & Fiscal Services,
and the Director of Purchasing, that the Board of Trustees declare the above surplus
property obsolete and approve its sale and/or disposal, as permitted by California
Education Code 17546.


ADDITIONAL MATERIAL

Attached: List of Personal Property September 2013 (11 Pages)

OXNARD SCHOOL DISTRICT
1051 SOUTH A STREET OXNARD CALIFORNIA 93030 805/487-3918






To: Lisa Franz
Purchasing Director

From: David Hornback
Warehouse Manager

Date: September 26, 2013

Subject: Disposal of surplus personal property


The attached list is for Board approval on District surplus of personal property. These items have
been identified as no longer usable, damaged or beyond repair. We will dispose and/or recycle
items at the appropriate facilities. The items deemed suitable will be tagged for sale at our next
surplus sale.

If you would please forward this request to be in the next available board meeting. We would like
to proceed with processing this surplus as soon as possible.

Thank You.
Oxnard School District
Surplus Disposal Request - September 2013
Number Asset Tag # Description Serial # Site Code Qty
1 N/A 52000895 APPLE DRIVE N/A SUR COMPUTER 1
2 N/A 100223 LASERJ ET 4 PRINTER N/A SUR COMPUTER 1
3 N/A N/A RECORD PLAYER CE092 SUR EQUIPMENT 1
4 N/A 44000376 OVEN N/A SUR EQUIPMENT 1
5 N/A N/A WATERLESS FOOD WARMER N/A SUR EQUIPMENT 1
6 N/A N/A TRAULSEN FREEZER C12993 SUR EQUIPMENT 1
7 N/A N/A CART N/A SUR EQUIPMENT 1
8 N/A N/A CART N/A SUR EQUIPMENT 1
9 N/A N/A T.V. N/A SUR EQUIPMENT 1
10 N/A N/A T.V. N/A SUR EQUIPMENT 1
11 N/A N/A T.V. N/A SUR EQUIPMENT 1
12 N/A N/A T.V. N/A SUR EQUIPMENT 1
13 N/A N/A T.V. N/A SUR EQUIPMENT 1
14 N/A N/A T.V. N/A SUR EQUIPMENT 1
15 N/A N/A T.V. N/A SUR EQUIPMENT 1
16 N/A N/A T.V. N/A SUR EQUIPMENT 1
17 N/A N/A T.V. N/A SUR EQUIPMENT 1
18 N/A N/A T.V. N/A SUR EQUIPMENT 1
19 N/A N/A T.V. N/A SUR EQUIPMENT 1
20 N/A N/A VCR N/A SUR EQUIPMENT 1
21 N/A N/A VCR N/A SUR EQUIPMENT 1
22 N/A N/A VCR N/A SUR EQUIPMENT 1
23 N/A N/A VCR N/A SUR EQUIPMENT 1
24 N/A N/A VCR N/A SUR EQUIPMENT 1
25 N/A N/A VCR N/A SUR EQUIPMENT 1
26 N/A N/A VCR N/A SUR EQUIPMENT 1
27 N/A N/A VCR N/A SUR EQUIPMENT 1
28 N/A N/A VCR N/A SUR EQUIPMENT 1
29 N/A N/A VCR N/A SUR EQUIPMENT 1
30 N/A N/A VCR N/A SUR EQUIPMENT 1
31 N/A N/A RADIO N/A SUR EQUIPMENT 1
32 N/A N/A RADIO N/A SUR EQUIPMENT 1
33 N/A N/A TELEPHONE N/A SUR EQUIPMENT 1
34 N/A N/A CASSETTE RECORDER N/A SUR EQUIPMENT 1
35 N/A N/A CASSETTE PLAYER N/A SUR EQUIPMENT 1
36 N/A N/A CASSETTE PLAYER N/A SUR EQUIPMENT 1
37 N/A N/A CD PLAYER N/A SUR EQUIPMENT 1
38 N/A N/A PROJ ECTOR N/A SUR EQUIPMENT 1
39 N/A N/A PROJ ECTOR N/A SUR EQUIPMENT 1
40 N/A N/A PROJ ECTOR N/A SUR EQUIPMENT 1
1
Oxnard School District
Surplus Disposal Request - September 2013
Number Asset Tag # Description Serial # Site Code Qty
41 N/A N/A PRINTER N/A SUR COMPUTER 1
42 N/A N/A HP PSC 1610 N/A SUR COMPUTER 1
43 N/A N/A CPU N/A SUR COMPUTER 1
44 N/A N/A CPU N/A SUR COMPUTER 1
45 N/A C10369 CPU N/A SUR COMPUTER 1
46 N/A N/A PRINTER N/A SUR COMPUTER 1
47 N/A N/A COMPUTER POWER SUPPLY N/A SUR COMPUTER 1
48 N/A N/A COMPUTER POWER SUPPLY N/A SUR COMPUTER 1
49 N/A N/A COMPUTER POWER SUPPLY N/A SUR COMPUTER 1
50 N/A N/A MONITOR N/A SUR COMPUTER 1
51 N/A 2775 LAPTOP N/A SUR COMPUTER 1
52 N/A 121364 PRINTER N/A SUR COMPUTER 1
53 N/A N/A CART N/A SUR EQUIPMENT 1
54 N/A N/A CART N/A SUR EQUIPMENT 1
55 N/A N/A T.V. N/A SUR EQUIPMENT 1
56 N/A N/A FAX MACHINE N/A SUR EQUIPMENT 1
57 N/A N/A FAX MACHINE N/A SUR EQUIPMENT 1
58 N/A N/A TELEPHONE N/A SUR EQUIPMENT 1
59 N/A N/A CPU N/A SUR COMPUTER 1
60 N/A N/A CPU N/A SUR COMPUTER 1
61 N/A N/A CPU N/A SUR COMPUTER 1
62 N/A N/A CPU N/A SUR COMPUTER 1
63 N/A N/A CPU N/A SUR COMPUTER 1
64 N/A N/A CPU N/A SUR COMPUTER 1
65 N/A N/A MONITOR N/A SUR COMPUTER 1
66 N/A N/A MONITOR N/A SUR COMPUTER 1
67 N/A N/A MONITOR N/A SUR COMPUTER 1
68 N/A N/A MONITOR N/A SUR COMPUTER 1
69 N/A N/A MONITOR N/A SUR COMPUTER 1
70 N/A N/A MONITOR N/A SUR COMPUTER 1
71 N/A N/A MONITOR N/A SUR COMPUTER 1
72 N/A N/A MONITOR N/A SUR COMPUTER 1
73 N/A N/A MONITOR N/A SUR COMPUTER 1
74 N/A N/A MONITOR N/A SUR COMPUTER 1
75 N/A N/A MONITOR N/A SUR COMPUTER 1
76 N/A N/A MONITOR N/A SUR COMPUTER 1
77 N/A N/A MONITOR N/A SUR COMPUTER 1
78 N/A N/A MONITOR N/A SUR COMPUTER 1
79 N/A N/A BOX OF MISC CABLES N/A SUR COMPUTER 1
80 N/A N/A CPU N/A SUR COMPUTER 1
2
Oxnard School District
Surplus Disposal Request - September 2013
Number Asset Tag # Description Serial # Site Code Qty
81 N/A N/A CPU N/A SUR COMPUTER 1
82 N/A N/A CPU N/A SUR COMPUTER 1
83 N/A N/A CPU N/A SUR COMPUTER 1
84 N/A 56000646 PRINTER N/A SUR COMPUTER 1
85 N/A N/A MONITOR N/A SUR COMPUTER 1
86 N/A N/A MONITOR N/A SUR COMPUTER 1
87 N/A N/A MONITOR N/A SUR COMPUTER 1
88 N/A N/A MONITOR N/A SUR COMPUTER 1
89 N/A N/A MONITOR N/A SUR COMPUTER 1
90 N/A N/A MONITOR N/A SUR COMPUTER 1
91 N/A N/A MONITOR N/A SUR COMPUTER 1
92 N/A N/A MONITOR N/A SUR COMPUTER 1
93 N/A N/A MONITOR N/A SUR COMPUTER 1
94 N/A N/A MONITOR N/A SUR COMPUTER 1
95 N/A N/A MONITOR N/A SUR COMPUTER 1
96 N/A N/A PRINTER N/A SUR COMPUTER 1
97 N/A N/A PRINTER N/A SUR COMPUTER 1
98 N/A N/A PRINTER N/A SUR COMPUTER 1
99 N/A N/A PRINTER N/A SUR COMPUTER 1
100 N/A N/A PRINTER N/A SUR COMPUTER 1
101 N/A N/A PRINTER N/A SUR COMPUTER 1
102 N/A N/A APC SMART UPS N/A SUR COMPUTER 1
103 N/A 910366 CPU N/A SUR COMPUTER 1
104 N/A N/A CPU N/A SUR COMPUTER 1
105 N/A N/A CPU N/A SUR COMPUTER 1
106 N/A N/A CPU N/A SUR COMPUTER 1
107 N/A N/A CPU N/A SUR COMPUTER 1
108 N/A N/A CPU N/A SUR COMPUTER 1
109 N/A 11428 LAPTOP N/A SUR COMPUTER 1
110 N/A 10546 LAPTOP N/A SUR COMPUTER 1
111 N/A N/A MONITOR N/A SUR COMPUTER 1
112 N/A N/A MONITOR N/A SUR COMPUTER 1
113 N/A N/A VHS PLAYER N/A SUR EQUIPMENT 1
114 N/A N/A EARPHONES N/A SUR EQUIPMENT 1
115 N/A N/A EARPHONES N/A SUR EQUIPMENT 1
116 N/A N/A EARPHONES N/A SUR EQUIPMENT 1
117 N/A N/A EARPHONES N/A SUR EQUIPMENT 1
118 N/A N/A SPEAKERS N/A SUR EQUIPMENT 1
119 N/A N/A PROJ ECTOR N/A SUR EQUIPMENT 1
120 N/A N/A VIDEO CAMERA N/A SUR EQUIPMENT 1
3
Oxnard School District
Surplus Disposal Request - September 2013
Number Asset Tag # Description Serial # Site Code Qty
121 N/A N/A CAMCORDER N/A SUR EQUIPMENT 1
122 N/A N/A VIDEO CAMERA N/A SUR EQUIPMENT 1
123 N/A 9193 CPU N/A SUR COMPUTER 1
124 N/A N/A MONITOR N/A SUR COMPUTER 1
125 N/A N/A MONITOR N/A SUR COMPUTER 1
126 N/A N/A MONITOR N/A SUR COMPUTER 1
127 N/A N/A MONITOR N/A SUR COMPUTER 1
128 N/A N/A MONITOR N/A SUR COMPUTER 1
129 N/A N/A MONITOR N/A SUR COMPUTER 1
130 N/A N/A MONITOR N/A SUR COMPUTER 1
131 N/A N/A MONITOR N/A SUR COMPUTER 1
132 N/A N/A MONITOR N/A SUR COMPUTER 1
133 N/A N/A MONITOR N/A SUR COMPUTER 1
134 N/A N/A MONITOR N/A SUR COMPUTER 1
135 N/A N/A MONITOR N/A SUR COMPUTER 1
136 N/A N/A MONITOR N/A SUR COMPUTER 1
137 N/A N/A CPU N/A SUR COMPUTER 1
138 N/A N/A CPU N/A SUR COMPUTER 1
139 N/A N/A CPU N/A SUR COMPUTER 1
140 N/A N/A CPU N/A SUR COMPUTER 1
141 N/A N/A CPU N/A SUR COMPUTER 1
142 N/A N/A CPU N/A SUR COMPUTER 1
143 N/A N/A CPU N/A SUR COMPUTER 1
144 N/A N/A CPU N/A SUR COMPUTER 1
145 N/A N/A CPU N/A SUR COMPUTER 1
146 N/A N/A CPU N/A SUR COMPUTER 1
147 N/A N/A CPU N/A SUR COMPUTER 1
148 N/A N/A CPU N/A SUR COMPUTER 1
149 N/A N/A CPU N/A SUR COMPUTER 1
150 N/A N/A CPU N/A SUR COMPUTER 1
151 N/A N/A CPU N/A SUR COMPUTER 1
152 N/A N/A CPU N/A SUR COMPUTER 1
153 N/A N/A CPU N/A SUR COMPUTER 1
154 N/A N/A CPU N/A SUR COMPUTER 1
155 N/A N/A CPU N/A SUR COMPUTER 1
156 N/A N/A CPU N/A SUR COMPUTER 1
157 N/A N/A CPU N/A SUR COMPUTER 1
158 N/A N/A CPU N/A SUR COMPUTER 1
159 N/A N/A CPU N/A SUR COMPUTER 1
160 N/A N/A CPU N/A SUR COMPUTER 1
4
Oxnard School District
Surplus Disposal Request - September 2013
Number Asset Tag # Description Serial # Site Code Qty
161 N/A N/A CPU N/A SUR COMPUTER 1
162 N/A N/A CPU N/A SUR COMPUTER 1
163 N/A N/A MONITOR N/A SUR COMPUTER 1
164 N/A N/A MONITOR N/A SUR COMPUTER 1
165 N/A N/A MONITOR N/A SUR COMPUTER 1
166 N/A N/A MONITOR N/A SUR COMPUTER 1
167 N/A N/A MONITOR N/A SUR COMPUTER 1
168 N/A N/A MONITOR N/A SUR COMPUTER 1
169 N/A N/A MONITOR N/A SUR COMPUTER 1
170 N/A N/A MONITOR N/A SUR COMPUTER 1
171 N/A N/A MONITOR N/A SUR COMPUTER 1
172 N/A N/A MONITOR N/A SUR COMPUTER 1
173 N/A N/A MONITOR N/A SUR COMPUTER 1
174 N/A N/A MONITOR N/A SUR COMPUTER 1
175 N/A N/A MONITOR N/A SUR COMPUTER 1
176 N/A N/A MONITOR N/A SUR COMPUTER 1
177 N/A N/A MONITOR N/A SUR COMPUTER 1
178 N/A N/A MONITOR N/A SUR COMPUTER 1
179 N/A N/A MONITOR N/A SUR COMPUTER 1
180 N/A N/A MONITOR N/A SUR COMPUTER 1
181 N/A N/A MONITOR N/A SUR COMPUTER 1
182 N/A N/A MONITOR N/A SUR COMPUTER 1
183 N/A N/A MONITOR N/A SUR COMPUTER 1
184 N/A N/A MONITOR N/A SUR COMPUTER 1
185 N/A N/A MONITOR N/A SUR COMPUTER 1
186 N/A N/A MONITOR N/A SUR COMPUTER 1
187 N/A N/A MONITOR N/A SUR COMPUTER 1
188 N/A N/A MONITOR N/A SUR COMPUTER 1
189 N/A N/A MONITOR N/A SUR COMPUTER 1
190 N/A N/A MONITOR N/A SUR COMPUTER 1
191 N/A N/A MONITOR N/A SUR COMPUTER 1
192 N/A N/A MONITOR N/A SUR COMPUTER 1
193 N/A N/A MONITOR N/A SUR COMPUTER 1
194 N/A N/A MONITOR N/A SUR COMPUTER 1
195 N/A N/A MONITOR N/A SUR COMPUTER 1
196 N/A N/A MONITOR N/A SUR COMPUTER 1
197 N/A N/A MONITOR N/A SUR COMPUTER 1
198 N/A N/A MONITOR N/A SUR COMPUTER 1
199 N/A N/A MONITOR N/A SUR COMPUTER 1
200 N/A N/A MONITOR N/A SUR COMPUTER 1
5
Oxnard School District
Surplus Disposal Request - September 2013
Number Asset Tag # Description Serial # Site Code Qty
201 N/A N/A MONITOR N/A SUR COMPUTER 1
202 N/A N/A CPU N/A SUR COMPUTER 1
203 N/A N/A CPU N/A SUR COMPUTER 1
204 N/A N/A CPU N/A SUR COMPUTER 1
205 N/A N/A CPU N/A SUR COMPUTER 1
206 N/A N/A CPU N/A SUR COMPUTER 1
207 N/A N/A CPU N/A SUR COMPUTER 1
208 N/A N/A CPU N/A SUR COMPUTER 1
209 N/A N/A CPU N/A SUR COMPUTER 1
210 N/A N/A CPU N/A SUR COMPUTER 1
211 N/A N/A CPU N/A SUR COMPUTER 1
212 N/A N/A CPU N/A SUR COMPUTER 1
213 N/A N/A CPU N/A SUR COMPUTER 1
214 N/A N/A CPU N/A SUR COMPUTER 1
215 N/A N/A CPU N/A SUR COMPUTER 1
216 N/A N/A CPU N/A SUR COMPUTER 1
217 N/A N/A CPU N/A SUR COMPUTER 1
218 N/A N/A CPU N/A SUR COMPUTER 1
219 N/A N/A CPU N/A SUR COMPUTER 1
220 N/A N/A CPU N/A SUR COMPUTER 1
221 N/A N/A CPU N/A SUR COMPUTER 1
222 N/A N/A CPU N/A SUR COMPUTER 1
223 N/A N/A CPU N/A SUR COMPUTER 1
224 N/A N/A CPU N/A SUR COMPUTER 1
225 N/A N/A CPU N/A SUR COMPUTER 1
226 N/A N/A CPU N/A SUR COMPUTER 1
227 N/A N/A CPU N/A SUR COMPUTER 1
228 N/A N/A CPU N/A SUR COMPUTER 1
229 N/A N/A CPU N/A SUR COMPUTER 1
230 N/A N/A CPU N/A SUR COMPUTER 1
231 N/A N/A MONITOR N/A SUR COMPUTER 1
232 N/A N/A PRINTER N/A SUR COMPUTER 1
233 N/A N/A PRINTER N/A SUR COMPUTER 1
234 N/A N/A PRINTER N/A SUR COMPUTER 1
235 N/A N/A SCANNER N/A SUR COMPUTER 1
236 N/A N/A KEYBOARDS N/A SUR COMPUTER 1
237 N/A N/A MONITOR N/A SUR COMPUTER 1
238 N/A N/A VCR N/A SUR EQUIPMENT 1
239 N/A N/A TV N/A SUR EQUIPMENT 1
240 N/A N/A TV N/A SUR EQUIPMENT 1
6
Oxnard School District
Surplus Disposal Request - September 2013
Number Asset Tag # Description Serial # Site Code Qty
241 N/A N/A TV N/A SUR EQUIPMENT 1
242 N/A N/A TV N/A SUR EQUIPMENT 1
243 N/A N/A TV N/A SUR EQUIPMENT 1
244 N/A N/A TV N/A SUR EQUIPMENT 1
245 N/A N/A TV N/A SUR EQUIPMENT 1
246 N/A N/A TV N/A SUR EQUIPMENT 1
247 N/A N/A TV N/A SUR EQUIPMENT 1
248 N/A N/A TV N/A SUR EQUIPMENT 1
249 N/A N/A TV N/A SUR EQUIPMENT 1
250 N/A N/A TV N/A SUR EQUIPMENT 1
251 N/A N/A TV N/A SUR EQUIPMENT 1
252 N/A N/A TV N/A SUR EQUIPMENT 1
253 N/A N/A TV N/A SUR EQUIPMENT 1
254 N/A N/A TV N/A SUR EQUIPMENT 1
255 N/A N/A TV N/A SUR EQUIPMENT 1
256 N/A N/A TV N/A SUR EQUIPMENT 1
257 N/A N/A TV N/A SUR EQUIPMENT 1
258 N/A N/A VCR N/A SUR EQUIPMENT 1
259 N/A N/A VCR N/A SUR EQUIPMENT 1
260 N/A N/A VCR N/A SUR EQUIPMENT 1
261 N/A N/A KITCHEN CART N/A SUR EQUIPMENT 1
262 N/A N/A LEAPFROG SCHOOLHOUSE N/A SUR COMPUTER 1
263 N/A N/A LEAPFROG SCHOOLHOUSE N/A SUR COMPUTER 1
264 N/A N/A LEAPFROG SCHOOLHOUSE N/A SUR COMPUTER 1
265 N/A 120970 PRINTER N/A SUR COMPUTER 1
266 N/A 1077 PROJ ECTOR N/A SUR EQUIPMENT 1
267 N/A 4310 CPU N/A SUR COMPUTER 1
268 N/A N/A PRINTER N/A SUR COMPUTER 1
269 N/A N/A PRINTER N/A SUR COMPUTER 1
270 N/A 4100736 O/H PROJ ECTOR N/A SUR COMPUTER 1
271 N/A 4100729 O/H PROJ ECTOR N/A SUR COMPUTER 1
272 N/A 4100738 O/H PROJ ECTOR N/A SUR COMPUTER 1
273 N/A 4100704 O/H PROJ ECTOR N/A SUR COMPUTER 1
274 N/A 4100727 O/H PROJ ECTOR N/A SUR COMPUTER 1
275 N/A N/A O/H PROJ ECTOR N/A SUR COMPUTER 1
276 N/A N/A MONITOR N/A SUR COMPUTER 1
277 N/A N/A RADIO N/A SUR EQUIPMENT 1
278 N/A N/A CASSETTE PLAYER N/A SUR EQUIPMENT 1
279 N/A N/A CASSETTE PLAYER N/A SUR EQUIPMENT 1
280 N/A N/A 2 WAY RADIOS N/A SUR EQUIPMENT 1
7
Oxnard School District
Surplus Disposal Request - September 2013
Number Asset Tag # Description Serial # Site Code Qty
281 N/A N/A 2 WAY RADIOS N/A SUR EQUIPMENT 1
282 N/A N/A 2 WAY RADIOS N/A SUR EQUIPMENT 1
283 N/A N/A 3 WAY RADIOS N/A SUR EQUIPMENT 1
284 N/A N/A 4 WAY RADIOS N/A SUR EQUIPMENT 1
285 N/A N/A 5 WAY RADIOS N/A SUR EQUIPMENT 1
286 N/A N/A 6 WAY RADIOS N/A SUR EQUIPMENT 1
287 N/A N/A 7 WAY RADIOS N/A SUR EQUIPMENT 1
288 N/A N/A 8 WAY RADIOS N/A SUR EQUIPMENT 1
289 N/A N/A 9 WAY RADIOS N/A SUR EQUIPMENT 1
290 N/A N/A TAPE RECORDERS N/A SUR EQUIPMENT 1
291 N/A N/A TAPE RECORDERS N/A SUR EQUIPMENT 1
292 N/A N/A TAPE RECORDERS N/A SUR EQUIPMENT 1
293 N/A N/A MILK BOX 3910414 SUR EQUIPMENT 1
294 N/A N/A TV/VCR STAND N/A SUR EQUIPMENT 1
295 N/A N/A TV/VCR STAND N/A SUR EQUIPMENT 1
296 N/A N/A TV/VCR STAND N/A SUR EQUIPMENT 1
297 N/A N/A TV/VCR STAND N/A SUR EQUIPMENT 1
298 N/A N/A TV/VCR STAND N/A SUR EQUIPMENT 1
299 N/A N/A TV/VCR STAND N/A SUR EQUIPMENT 1
300 N/A N/A TV/VCR STAND N/A SUR EQUIPMENT 1
301 N/A N/A TV/VCR STAND N/A SUR EQUIPMENT 1
302 N/A N/A TV/VCR STAND N/A SUR EQUIPMENT 1
303 N/A N/A TV/VCR STAND N/A SUR EQUIPMENT 1
304 N/A N/A TV/VCR STAND N/A SUR EQUIPMENT 1
305 N/A N/A TV/VCR STAND N/A SUR EQUIPMENT 1
306 N/A N/A TV/VCR STAND N/A SUR EQUIPMENT 1
307 N/A N/A TV/VCR STAND N/A SUR EQUIPMENT 1
308 N/A N/A TV/VCR STAND N/A SUR EQUIPMENT 1
309 N/A N/A TV/VCR STAND N/A SUR EQUIPMENT 1
310 N/A N/A TV/VCR STAND N/A SUR EQUIPMENT 1
311 N/A N/A TV/VCR STAND N/A SUR EQUIPMENT 1
312 N/A 121416 CPU N/A SUR COMPUTER 1
313 N/A 6467 STORAGE CONTAINER #17 N/A SUR EQUIPMENT 1
314 N/A 6463 STORAGE CONTAINER #18 N/A SUR EQUIPMENT 1
315 N/A N/A CONFERENCE TABLE N/A SUR EQUIPMENT 1
316 N/A N/A CONFERENCE TABLE N/A SUR EQUIPMENT 1
317 N/A N/A PAPER SORTER N/A SUR EQUIPMENT 1
318 N/A N/A SHREDDER N/A SUR EQUIPMENT 1
319 N/A N/A O/H PROJ ECTOR N/A SUR EQUIPMENT 1
320 N/A N/A BOOMBOX N/A SUR EQUIPMENT 1
8
Oxnard School District
Surplus Disposal Request - September 2013
Number Asset Tag # Description Serial # Site Code Qty
321 N/A N/A CALCUATOR N/A SUR EQUIPMENT 1
322 N/A N/A CASSETTE PLAYER N/A SUR EQUIPMENT 1
323 N/A N/A PROJ ECTOR N/A SUR EQUIPMENT 1
324 N/A N/A PROJ ECTOR N/A SUR EQUIPMENT 1
325 N/A N/A PROJ ECTOR N/A SUR EQUIPMENT 1
326 N/A N/A LARGE CHAIR N/A SUR EQUIPMENT 1
327 N/A 40-000169 FOOD WARMER, 5 TRAY N/A SUR EQUIPMENT 1
328 N/A N/A FOOD WARMER P1H92 SUR EQUIPMENT 1
329 N/A 125626 REFRIGERATOR 2224 SUR EQUIPMENT 1
330 N/A 4598 APPLE G4 LAPTOP N/A SUR COMPUTER 1
331 N/A N/A T.V. 612221142 SUR EQUIPMENT 1
332 N/A N/A MILK BOX 914013 SUR EQUIPMENT 1
333 N/A N/A REFRIGERATOR HL786767 SUR EQUIPMENT 1
334 N/A N/A REFRIGERATOR N/A SUR EQUIPMENT 1
335 N/A N/A REFRIGERATOR N/A SUR EQUIPMENT 1
336 N/A N/A REFRIGERATOR N/A SUR EQUIPMENT 1
337 N/A N/A REFRIGERATOR N/A SUR EQUIPMENT 1
338 N/A N/A STAINLESSSTEEL TABLE N/A SUR EQUIPMENT 1
339 N/A N/A T.V. N/A SUR EQUIPMENT 1
340 N/A N/A T.V. N/A SUR EQUIPMENT 1
341 N/A N/A T.V. N/A SUR EQUIPMENT 1
342 N/A N/A CARD MASTER N/A SUR EQUIPMENT 1
343 N/A N/A PROJ ECTOR N/A SUR EQUIPMENT 1
344 N/A N/A MONITOR N/A SUR COMPUTER 1
345 N/A N/A MONITOR N/A SUR COMPUTER 1
346 N/A N/A MONITOR N/A SUR COMPUTER 1
347 N/A N/A MONITOR N/A SUR COMPUTER 1
348 N/A N/A ELMO N/A SUR EQUIPMENT 1
349 N/A N/A PRINTER N/A SUR COMPUTER 1
350 N/A N/A CPU N/A SUR COMPUTER 1
351 N/A N/A CPU N/A SUR COMPUTER 1
352 N/A N/A CPU N/A SUR COMPUTER 1
353 N/A N/A MONITOR N/A SUR COMPUTER 1
354 N/A N/A MONITOR N/A SUR COMPUTER 1
355 N/A N/A MONITOR N/A SUR COMPUTER 1
356 N/A N/A MONITOR N/A SUR COMPUTER 1
357 N/A N/A MONITOR N/A SUR COMPUTER 1
358 N/A N/A CPU N/A SUR COMPUTER 1
359 N/A N/A CPU N/A SUR COMPUTER 1
360 N/A N/A CPU N/A SUR COMPUTER 1
9
Oxnard School District
Surplus Disposal Request - September 2013
Number Asset Tag # Description Serial # Site Code Qty
361 N/A N/A MONITOR N/A SUR COMPUTER 1
362 N/A N/A MONITOR N/A SUR COMPUTER 1
363 N/A N/A MONITOR N/A SUR COMPUTER 1
364 N/A N/A MONITOR N/A SUR COMPUTER 1
365 N/A N/A MONITOR N/A SUR COMPUTER 1
366 N/A 120577 PROJ ECTOR N/A SUR COMPUTER 1
367 N/A N/A PRINTER N/A SUR COMPUTER 1
368 N/A N/A PRINTER N/A SUR COMPUTER 1
369 N/A N/A PRINTER N/A SUR COMPUTER 1
370 N/A N/A CD PLAYER N/A SUR EQUIPMENT 1
371 N/A N/A 1 BOX OF OLD ROUTERS N/A SUR EQUIPMENT 1
372 N/A N/A 1 BOX OF BROKEN HEADSET N/A SUR EQUIPMENT 1
373 N/A N/A REFRIGERATOR N/A SUR EQUIPMENT 1
374 N/A 6452 CONTAINER 8X12 N/A SUR EQUIPMENT 1
375 N/A 121416 CPU N/A SUR COMPUTER 1
376 N/A 1837 #124 - FORD RANGER R10 1FTYR10U32PA35899 SUR VEHICLE 1
377 N/A 1833 #120 - GMC TRUCK SL 1GTFK24H3PE545297 SUR VEHICLE 1
378 98 1820 / 02 00036 TORO ROTARY MOWER 3058060279 SUR VEHICLE 1
10


BOARD AGENDA ITEM

Name of Contributor: Lisa Cline Date of Meeting: 11/13/13

CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT __X__
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES _____

REAPPOINTMENT AND APPOINTMENT OF REPRESENTATIVES TO FILL
VACANCIES - MEASURE R BOND OVERSIGHT COMMITTEE (Cline)

Ms. J essica Vargas, Elm School parent and PTA president, will reach the end of her first
term on the Measure R Bond Oversight Committee (BOC) in November 2013 and has
expressed an interest in serving for a second term through November 2015.

In addition, the BOC currently has a vacancy for a parent representative, a Community at
Large representative, and a senior citizens representative. Ms. Teresa Torres and Ms.
Liliana Giron, Soria School parents, have expressed a willingness to serve on the
Committee. The administration recommends appointing Ms. Teresa Torres as the parent
representative and Ms. Liliana Giron as the Community at Large representative, and their
names are submitted here for the Boards consideration.

This item will be brought back to the Board for filling the Senior Citizens representative
vacancy as soon as a potential representative is identified.

FISCAL IMPACT

None.

RECOMMENDATION

It is the recommendation of the Assistant Superintendent, Business & Fiscal Services that
the Board of Trustees make a determination regarding the re-appointment of Ms. J essica
Vargas for a second term and the appointments to the Measure R BOC of Ms. Teresa
Torres and Ms. Liliana Giron as parent and Community at Large representatives,
respectively.

ADDITIONAL MATERIAL

Attached: Oxnard School District Bond Oversight Committee Membership List
(1 page)

OXNARD SCHOOL DISTRICT
MEASURE R CITIZENS BOND OVERSIGHT COMMITTEE
MEMBERSHIP & TERMS
November 2013

November 13, 2013 Board Meeting



Name Representation Position End of Term
Lindholm, Nancy Business Organization President/CEO, Oxnard
Chamber of Commerce
November 2014
VACANT Senior Citizens
Organization

McLaughlin,
Charles
Taxpayers Association President, Aspen Helicopters November 2014
Torres, Teresa Parent/Guardian Parent, Soria School November 2015
Vargas, J essica Parent/
Guardian PTA
Parent, Elm School; PTA
President
November 2015
Hill Scott, Karen
(Committee Chair)
Community At-Large Parent, McAuliffe School;
Owner, Hill Scott Homes
November 2014
Giron, Liliana Community At- Large Parent, Soria School November 2015









BOARD AGENDA ITEM

Name of Contributor: Lisa Cline Date of Meeting: 11/13/13

CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT __X__
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES _____

SETTING OF DATE FOR PUBLIC HEARING REQUEST FOR APPROVAL
TO SUBMIT GENERAL WAIVER REQUEST TERM LIMITS FOR BOND
OVERSIGHT COMMITTEE (Cline)

It is appropriate that the Board of Trustees set the date of Wednesday, December 11,
2013, in the Board Room of the Educational Service Center, for a public hearing
regarding the Districts intent to apply for a waiver of Education Code Section 15282
relative to term limits for members of the Measure M6 Bond Oversight Committee.

FISCAL IMPACT

N/A

RECOMMENDATION

It is the recommendation of the Assistant Superintendent, Business & Fiscal Services that
the Board of Trustees set the date of Wednesday, December 11, 2013 for a public hearing
on the Oxnard School Districts intent to apply for a waiver of Education Code Section
15282 relative to term limits for members of the Measure M6 Bond Oversight
Committee.

ADDITIONAL MATERIAL

Attached: Notice of Public Hearing (1 page)





NOTICE OF PUBLIC HEARING

November 13, 2013

The Board of Trustees of the Oxnard School District
will hold a Public Hearing on Wednesday, December
11, 2013, at 7:30 p.m. in the Board Room of the
Educational Services Center Building of the Oxnard
School District, located at 1051 S. A Street,
Oxnard, regarding the Districts intent to apply for a
waiver of Education Code Section 15282 relative to
term limits for members of the Bond Oversight
Committee.





By: Lisa Cline
Assistant Superintendent
Business & Fiscal Services
(805) 385-1501, ext. 2400

OXNARD SCHOOL DISTRICT
1051 South A Street Oxnard, CA 93030 (805) 385-1501 www.oxnardsd.org

BOARD AGENDA ITEM

Name of Contributor: Lisa Cline Date of Meeting: November 13, 2013

STUDY SESSION _____
CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT __X__
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES _____

DISCLOSURE OF COLLECTIVE BARGAINING AGREEMENT WITH CSEA
(Cline)

With the passage of the 2013-14 State Budget Act, which includes a 1.565%
COLA and additional funds under the Local Control Funding Formula (LCFF), the
District has negotiated with the California School Employees Association (CSEA)
a 1.565% ongoing salary schedule increase and a 4% one-time off schedule
payment for the 2013-14 fiscal year.

Government Code, Section 3547.5 mandates: Before a public school employer
enters into a written agreement with an exclusive representative covering mattes
within the scope of representation, the major provisions of the agreement,
including, but not limited to, the costs that would be incurred by the public school
employer under the agreement for the current and subsequent fiscal years, shall
be disclosed at a public meeting of the public school employer in a format
established for this purpose by the Superintendent of Instruction.

In keeping with this requirement, the cost projections for the agreement with
CSEA are presented herewith for the Boards consideration.

FISCAL IMPACT

$1,348,378.00 for the 2013-14 fiscal year, to be paid out of the General Fund.

RECOMMENDATION

It is the recommendation of the Assistant Superintendent, Business & Fiscal
Services, that the Board of Trustees accept the Disclosure of Collective
Bargaining Agreement form for CSEA as presented.

ADDITIONAL MATERIAL

Attached: Disclosure of Collective Bargaining Agreement with CSEA (5 pages)

BOARD AGENDA ITEM

Name of Contributor: Lisa Cline Date of Meeting: November 13, 2013

STUDY SESSION _____
CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT __X__
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES _____

DISCLOSURE OF COLLECTIVE BARGAINING AGREEMENT WITH MANAGEMENT &
CONFIDENTIAL (Cline)

With the passage of the 2013-14 State Budget Act, which includes a 1.565% COLA and additional
funds under the Local Control Funding Formula (LCFF), the District has negotiated with the Oxnard
Supportive Services Association (OSSA) and the California School Employees Association (CSEA) a
1.565% ongoing salary schedule increase and a 4% one-time off schedule payment for the 2013-14
fiscal year. In accordance with the Districts practice of treating each employee group similarly, the
following compensation increase to Unrepresented, Confidential and Management employee groups
is presented for the Boards consideration.

Government Code, Section 3547.5 mandates: Before a public school employer enters into a written
agreement with an exclusive representative covering matters within the scope of representation, the
major provisions of the agreement, including, but not limited to, the costs that would be incurred by
the public school employer under the agreement for the current and subsequent fiscal years, shall be
disclosed at a public meeting of the public school employer in a format established for this purpose by
the Superintendent of Instruction.

In keeping with this requirement, the cost projections for the agreement with Management &
Confidential employees are presented herewith for the Boards consideration.

FISCAL IMPACT

$663,403.00 for the 2013-14 fiscal year, to be paid out of the General Fund.

RECOMMENDATION

It is the recommendation of the Assistant Superintendent, Business & Fiscal Services, that the Board
of Trustees accept the Disclosure of Collective Bargaining Agreement form for Management &
Confidential employees as presented.

ADDITIONAL MATERIAL

Attached: Disclosure of Collective Bargaining Agreement with Management &
Confidential Unrepresented (4 pages)



BOARD AGENDA ITEM

Name of Contributor: Lisa Cline Date of Meeting: 11/13/13

STUDY SESSION _____
CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT __X_
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES _____

ENROLLMENT REPORTS (Cline)

District enrollment for the month of August 2013 was 16,700. This is 240 more than this
time last year.

District enrollment for the month of September 2013 was 16,784. This is 239 more than
this time last year.

District CALPADS enrollment was 16,709. This is 184 more than this time last year.

District enrollment for the month of October 2013 was 16,842. This is 242 more than
this time last year.


FISCAL IMPACT

None.

RECOMMENDATION

Information only.

ADDITIONAL MATERIAL

Attached: Graph Oxnard School District Enrollment History 2000-10 through
2013-14 Actuals (1 page)

Z:\Enrollment\EnrollHistory 08-09 to 13-14EnrollHistory 08-09 to 13-1411/1/2013
15,550
15,553
15,541
15,577
15,588
15,653
15,691
15,726
15,705
15,642
15,650
15,738
15,859
15,862
15,885
15,898
15,912
15,898
15,860
15,854
15,833
15,812
15,779
16,126
16,121 16,095 16,097
16,044
16,072
16,113
16,127
16,120
16,094
16,066
16,460
16,545
16,525
16,600
16,584
16,493
16,595 16,584
16,539
16,583
16,547
16,525
16,700
16,784
16,709
16,842
15,500
15,700
15,900
16,100
16,300
16,500
16,700
16,900
AUGUST SEPT CALPADS OCT NOV DEC J AN FEB MAR APR MAY J UNE J ULY
K
-
8

S
t
u
d
e
n
t

E
n
r
o
l
l
m
e
n
t
Month
Oxnard School District Enrollment History 2009-10 through 2013-14 Actuals
2009-10 Actual 2010-11 Actual 2011-12 Actual 2012-13 Actual Series7
(Formerly CBEDS)
2013-14 Actual
BOARD AGENDA ITEM

Name of Contributor: Lisa Cline Date of Meeting: November 13, 2013

CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT __X__
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES _____

CERTIFICATION OF SIGNATURES (Cline)

Annually at the beginning of each fiscal year, or after any reorganization or staff change,
school districts need to declare the agent(s) authorized to sign orders, warrants,
contracts, documents, etc A statement of authorized agent(s) along with a verified
signature must be filed with School Business and Advisory Services at the Ventura
County Office of Education.

FISCAL IMPACT

None.

RECOMMENDATION

It is the recommendation of the Assistant Superintendent, Business & Fiscal Services,
that the Board of Trustees declare the attached Certification of Signatures as that of the
agent(s) authorized for signature for the Oxnard School District.

ADDITIONAL MATERIAL

Attached: Oxnard School District Certification of Signatures (3 pages)









OXNARD SCHOOL DISTRICT

CERTIFICATION OF SIGNATURES


I, Dr. Cesar Morales, Superintendent/Secretary to the Board of Trustees of the Oxnard
School District of Ventura County, California, certify that the signatures shown below
are the verified signatures of the members of the Governing Board of the above-named
school district (Part 1). Verified signatures of the person or persons authorized to sign
orders drawn on the funds of the school district, Notices of Employment, Contracts, etc.,
appear in Part 2. These certifications are made in accordance with the provisions of
Education Code Sections indicated.* If those authorized to sign orders shown in Part 2
are unable to do so, the law requires the signatures of the majority of the Governing
Board.

These approved signatures will be considered valid for the period of November 14,
2013 through December 31, 2013.

Date of Board Action: November 13, 2013 Signature:_________________________
Dr. Cesar Morales,
Superintendent/Secretary to
the Board of Trustees

PART I

Signatures of Members of the Board

Signature:_________________________ Signature:_________________________
Ana Del Rio-Barba, President Albert G. Duff, Sr., Clerk
of the Board of Trustees of the Board of Trustees


Signature:_________________________ Signature:_________________________
Ernest Morrison, Member Denis OLeary, Member
of the Board of Trustees of the Board of Trustees


Signature:_____________________________
Veronica Robles-Solis, Member
of the Board of Trustees


*Education Code Sections
42632, 42633


Page Two

PART 2


Signatures of Personnel and/or Members of the Governing Board authorized to Sign
Checks, Orders for Salary Payment, Notices of Employment, Contracts, etc. Please list
after each name all items that person is authorized to sign.



Signature:_____________________________________________________________
Dr. Cesar Morales
Title: District Superintendent

Authorized to Sign: Warrants, Orders for Salary Payment, Notices of Employment,
Contracts, Reports, Budgets, Budget Transfers, Inter-fund and Intra-fund Transfers,
Cafeteria, Revolving and Clearing Account Checks, Federal and State Applications,
Filing and Signature to PL874 Application, Warrant Orders, Appointment of Authorized
Agents for Federal and State Applications, Appointment of Representatives to Acquire
Surplus Property and All Documents Requiring the Signature of Secretary or Clerk.



Signature:_____________________________________________________________
Dr. J esus Vaca
Title: Assistant Superintendent, Human Resources & Support Services

Authorized to Sign: Warrants, Orders for Salary Payment, Notices of Employment,
Contracts, Reports, Budgets, Budget Transfers, Inter-fund and Intra-fund Transfers,
Cafeteria, Revolving, and Clearing Account Checks, Federal and State Applications,
and Warrant Orders.




Signature:_____________________________________________________________
Lisa Cline
Title: Assistant Superintendent, Business & Fiscal Services

Authorized to Sign: Warrants, Orders for Salary Payment, Notice of Employment,
Contracts, Purchase Orders, Reports, Budgets Budget Transfers, Inter-fund and Intra-
fund Transfers, Cafeteria, Revolving and Clearing Account Checks, Federal and State
Applications, Filing and Signature for PL874 Application and Warrant Orders.

Page Three



Signature:_____________________________________________________________
Catherine Kawaguchi
Title: Assistant Superintendent, Educational Services

Authorized to Sign: Warrants, Orders for Salary Payment, Notices of Employment,
Contracts, Reports, Budgets, Budget Transfers, Inter-fund and Intra-fund Transfers,
Cafeteria Revolving, and Clearing Account Checks, Federal and State Applications, and
Warrant Orders.


Signature:_____________________________________________________________
J anet Penanhoat
Title: Director of Finance

Authorized to Sign: A and B Warrants, Inter-fund and Intra-fund Transfers,
Miscellaneous Income Collection Reports, Cafeteria, Revolving and Clearing Account
Checks.



Signature:_____________________________________________________________
Lisa A. Franz
Title: Director of Purchasing

Authorized to Sign: Purchase Orders, Board-Approved Contracts.



BOARD AGENDA ITEM

Name of Contributor: Lisa Cline Date of Meeting: 11/13/13

STUDY SESSION _____
CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT __X__
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES _____

REPORT ON 2006 BOND CONSTRUCTION BUDGET (Cline)

Attached for the Boards information is our current November 2006 Bond
budget as of Friday, November 1, 2013.

FISCAL IMPACT

None.

RECOMMENDATION

None information only.

ADDITIONAL MATERIAL

Attached: Sources and Budgets Report (1 page)
Budget Status Summary Report (1 page)

Printed: 11/1/2013 Oxnard School District
Sources and Budgets Report Account-Ability
This reports lists projected funding sources and expenditure budgets for multiple projects
Code Category - Item
Curren El ementary
School
Moderni zati on
Curren El ementary
School
New Constructi on-
P2P
Dri ffi l l El ementary
School
New Constructi on-
P2P
Juan Lagunas
Sori a El ementary
School
New Constructi on
Kamal a
El ementary School
New Constructi on-
P2P
Total s
Funding Sources
State State 1,240,837 5,894,811 0 0 9,853,461 16,989,109
350 School Facilites Program 1,240,837 5,894,811 0 0 9,853,461 16,989,109
Local Local 0 8,359,634 26,106,271 40,882,282 5,184,116 80,532,303
212 G.O.Bond Proceeds 0 8,278,915 26,078,627 36,990,180 5,118,340 76,466,062
251 School Development Fees 0 80,719 27,644 3,892,102 65,776 4,066,241
------------------ ------------------ ------------------ ------------------ ------------------ ------------------
TOTAL FUNDING 1,240,837 14,254,445 26,106,271 40,882,282 15,037,577 97,521,412
Expenditures
A Site Costs 0 146,413 401,042 2,414,822 261,987 3,224,264
6110 Purchase Price of Property 0 (67,392) 0 895,068 144,070 971,746
6120 Appraisal Fees 0 0 0 7,500 0 7,500
6130 Escrow Costs 0 0 0 496,270 0 496,270
6140 Surveying Costs 0 111,441 150,919 62,740 34,984 360,084
6150 Site Support Costs 0 62,668 29,313 327,309 44,495 463,785
6171 Environmental Studies 0 29,481 33,209 10,800 28,438 101,928
6160 Other Costs - Site 0 10,215 187,601 615,135 10,000 822,951
B Planning Costs 62,816 757,883 2,483,187 3,023,450 1,087,046 7,414,382
6210 Architect / Engineering Fees 59,416 629,574 1,774,489 2,098,787 674,153 5,236,419
6220 DSA Fees 2,200 39,688 408,870 752,133 338,659 1,541,550
6230 CDE Fees 0 11,312 34,312 8,349 10,421 64,394
6240 Preliminary Tests 0 0 21,540 0 0 21,540
6250 Other Costs - Planning 1,200 77,309 243,976 164,181 63,813 550,479
C Construction Costs 1,176,224 13,014,931 20,140,208 33,761,424 13,282,882 81,375,669
6270 Main Construction Contractor 1,168,904 12,163,871 17,061,000 32,862,433 12,352,254 75,608,462
6271 Environmental Clean-up 0 0 0 425,770 0 425,770
6272 Construction Management Fees 0 575,340 886,740 0 570,670 2,032,750
6273 Demolition 0 0 408,406 0 0 408,406
6274 Other Costs - Construction 1,320 246,220 583,180 418,821 330,758 1,580,299
6276 Interim Housing 0 0 1,118,494 0 0 1,118,494
6278 Labor Compliance Program 6,000 29,500 82,388 54,400 29,200 201,488
D Construction Testing Costs 1,487 167,199 362,009 613,861 178,691 1,323,247
6280 Construction Tests 1,487 167,199 362,009 613,861 178,691 1,323,247
E Construction Inspection Costs 0 0 355,750 79,960 0 435,710
6290 Construction Inspection 0 0 355,750 79,960 0 435,710
F Furniture & Equipment Costs 310 168,019 953,109 988,766 226,971 2,337,175
4300 Supplies <$500 0 (312,181) 18,316 (153,209) 35,356 (411,718)
4400 Equipment $500-$5000 310 480,200 934,793 1,141,975 191,615 2,748,893
G Proj ect Contingency 0 0 1,410,966 0 0 1,410,966
6999 Project Contingency 0 0 1,410,966 0 0 1,410,966
------------------ ------------------ ------------------ ------------------ ------------------ ------------------
TOTAL EXPENDITURES 1,240,837 14,254,445 26,106,271 40,882,282 15,037,577 97,521,413
BALANCE REMAINING (0) 0 0 (0) (0) (1)
Colbi Technologies, Inc. Page 1 of 1 Multiple Projects - Sources and Budgets Report
Account-Ability
Project: Driffill Elementary School - New Construction-P2P Printed: 11/1/2013
Budget: Primary Budget
Category - Item Budget Committed Expended Remaining Variance
446,509 A - Site Costs 401,042 433,983 12,526 (45,467)
6110 0 0 0 0 0 Purchase Price of Property
6120 0 0 0 0 0 Appraisal Fees
6130 0 0 0 0 0 Escrow Costs
6140 150,919 175,939 170,838 5,101 (25,020) Surveying Costs
6150 29,313 29,313 21,888 7,425 0 Site Support Costs
6171 33,209 33,209 33,209 0 0 Environmental Studies
6160 187,601 208,048 208,048 0 (20,447) Other Costs - Site
3,708,752 B - Planning Costs 2,483,187 2,826,844 881,907 (1,225,564)
6210 1,774,489 3,021,762 2,186,265 835,497 (1,247,273) Architect / Engineering Fees
6220 408,870 421,499 375,089 46,410 (12,629) DSA Fees
6230 34,312 0 0 0 34,312 CDE Fees
6235 0 0 0 0 0 Energy Analysis
6240 21,540 21,540 21,540 0 0 Preliminary Tests
6250 243,976 243,950 243,950 0 26 Other Costs - Planning
19,893,426 C - Construction Costs 20,140,208 17,786,962 2,106,464 246,782
6270 17,061,000 17,061,000 15,156,671 1,904,329 0 Main Construction Contractor
6271 0 0 0 0 0 Environmental Clean-up
6272 886,740 455,337 453,757 1,580 431,403 Construction Management Fees
6273 408,406 408,406 408,406 0 0 Demolition
6274 583,180 812,806 630,537 182,269 (229,626) Other Costs - Construction
6276 1,118,494 1,155,877 1,137,591 18,286 (37,383) Interim Housing
6278 82,388 0 0 0 82,388 Labor Compliance Program
379,942 D - Construction Testing Costs 362,009 377,224 2,718 (17,933)
6280 362,009 379,942 377,224 2,718 (17,933) Construction Tests
0 E - Construction Inspection Costs 355,750 0 0 355,750
6290 355,750 0 0 0 355,750 Construction Inspection
6,762 F - Furniture & Equipment Costs 953,109 6,762 0 946,347
4300 18,316 6,762 6,762 0 11,554 Supplies <$500
4400 934,793 0 0 0 934,793 Equipment $500-$5000
6400 0 0 0 0 0 Capitalized Equipment >$5000
0 G - Project Contingency 1,410,966 0 0 1,410,966
6999 1,410,966 0 0 0 1,410,966 Project Contingency
26,106,271
Totals
24,435,390 21,431,775 3,003,615 1,670,881
Variance Expended Budget Committed Budget Group Remaining
Site Cost 401,042 446,509 433,983 12,526 (45,467)
Soft Cost 4,087,686 4,544,030 3,657,825 886,205 (456,344)
Hard Cost 20,206,577 19,444,851 17,339,967 2,104,884 761,726
Contingency 1,410,966 0 0 0 1,410,966
26,106,271 Total Cost 24,435,390 21,431,775 3,003,615 1,670,881
78.61% % Hard Cost 81.06% 82.58% 70.37% 44.38%
Colbi Technologies, Inc. Page 1 of 1 Budget Status Summary Report
BOARD AGENDA ITEM


Name of Contributor(s): Lisa Cline Date of Meeting: 11/13/2013

STUDY SESSION ______
CLOSED SESSION ______
SECTION B: HEARINGS ______
SECTION C: CONSENT ___X__
SECTION D: ACTION ______
SECTION E: REPORTS/DISCUSSION ______
SECTION F: BOARD POLICIES 1
st
Reading _____ 2
nd
Reading _____

Purchase Order/Draft Payment Report #13-03(Cline/Franz)

The attached report contains the following for the Boards approval/ratification:
1. A listing of Purchase orders issued 9/17/2013 through 10/29/2013 for the 2013-
2014 school year, in the amount of $5,482,774.10.

2. A listing of Draft Payments #D7441- D7443 issued 9/17/2013 through 10/29/2013
for the 2013-2014 school year, in the amount of $420.00.

RECOMMENDATION:

It is the recommendation of the Assistant Superintendent, Business & Fiscal Services,
and the Director of Purchasing that the Board of Trustees approve Purchase
Order/Draft Payment Report #13-03 as submitted.


ADDITIONAL MATERIAL(S):

Attached: Purchase Order/Draft Payment Report #13-03 (14 Pages)






Board Report ReqPay11b
Includes 09/17/2013 - 10/29/2013 (See Last Page)
PO
Number Vendor Name Description
Account
Amount Loc
SUP -4700 Gold Star Foods CNP14-00068 CNS 607.49
SUP -4700 Gold Star Foods CNP14-00073 CNS 696.67
SUP - 4700 Gold Star Foods CNP14-00078 CNS 699.30
Food - 4700 Gold Star Foods CNP14-00087 CNS 804.04
4700 - FOOD Gold Star Foods CNP14-00092 CNS 752.89
Locksmith Supplies MAX'S A-1 KEY SHOP P14-00210 FACILITIES 590.00
TRAVEL CONFERENCES Roadrunner Shuttle And P14-00295 MIGRANT 300.00
MAT/SUPP Subway P14-00297 MIGRANT 200.00
TRAVEL & CONFERENCE Sacramento Transportation Syst P14-00298 MIGRANT 200.00
MAT/SUPP Costco Wholesale P14-00330 MIGRANT 216.00
instr matl National School Products P14-00499 PUPIL SERVICES 347.37
Materials/Supplies MJP Technologies, Inc P14-00666 IT 165.58
Materials and Supplies PROGRESS PUBLICATIONS P14-00702 RITCHEN 249.00
INSTR MATL MJP Technologies, Inc P14-00716 IT 288.36
SUPP Daniels Tire Service P14-00940 FREMONT 56.46
mat & sup CUSTOM LANYARDS4ALL.COM P14-00955 RAMONA 101.52
Emergency sign for bin Ron's Signs P14-00971 SIERRA LINDA 70.20
Professional Black Employment And Equal P14-01010 HR 495.00
Materials & Supplies Target P14-01046 SORIA 499.90
instructional materials Sams Club 6455 P14-01047 MCKINNA 99.99
Supp/Material All Volleyball, Inc P14-01048 DRIFFILL 170.47
Stores Supplies Batteries Plus P14-01050 WAREHOUSE 590.98
MATLS Express Business Machines P14-01053 PURCHASING 500.00
Supplies Staples Direct P14-01056 KAMALA 137.69
Materials and Supplies Office Depot Bus Ser Div P14-01057 FACILITIES 540.00
Stores Supplies Pioneer Chemical Co P14-01062 WAREHOUSE 996.30
Matl's & Supplies Hensons Music Center P14-01063 HAYDOCK 790.00
supp Kamran And Co Inc P14-01064 FREMONT 184.08
Membership City Of Oxnard P14-01066 DRIFFILL 60.00
conference CABE VTA CO CHAPTER ATTN:
JENN IFER ROBLES
P14-01067 ELM 300.00
Materials & Supplies Parent Project Inc P14-01068 PUPIL SERVICES 870.00
Travel & Conference CABE VTA CO CHAPTER ATTN:
JENN IFER ROBLES
P14-01069 MARSHALL 300.00
Materials and Supplies Pro Ed P14-01070 PUPIL SERVICES 325.68
matl/sup Amazon Com P14-01071 MCKINNA 27.65
SUPP Nasco Modesto P14-01072 FREMONT 346.77
5200 TRAVEL &CONFERENCE CABE VTA CO CHAPTER ATTN:
JENN IFER ROBLES
P14-01073 HARRINGTON 300.00
SUBSCRIPTION Yabla Inc P14-01074 FREMONT 99.95
Supplies Office Depot Bus Ser Div P14-01077 PUPIL SERVICES 52.27
instr. matl. Logical Choice Technologies P14-01078 MCKINNA 644.76
Materials/Supplies Staples Direct P14-01079 PUPIL SERVICES 50.48
Materials/Supplies Office Depot Bus Ser Div P14-01080 PUPIL SERVICES 19.33
conf Gold Coast Cue P14-01083 MCKINNA 120.00
travel/conference CUE, INC P14-01084 ASSESS ACCOUNT 342.00
Supplies Discount School Supply P14-01086 CURREN 19.23
Materials and Supplies Par Inc P14-01088 PUPIL SERVICES 581.16
materials/supplies Technology In Education P14-01094 ASSESS ACCOUNT 286.20
INSTR MATL Starfall Publications P14-01095 CHAVEZ 270.00
Page 1 of 8
Generated for Melissa Reyes (607MREYES), Oct 30 2013 9:08AM 607 - Oxnard School District
The preceding Purchase Orders have been issued in accordance with the District's Purchasing Policy and
authorization of the Board of Trustees. It is recommended that the preceding Purchase Orders be approved
and that payment be authorized upon delivery and acceptance of the items ordered.
Board Report ReqPay11b
Includes 09/17/2013 - 10/29/2013 (See Last Page)
PO
Number Vendor Name Description
Account
Amount Loc
instructional supplies Pearson Education P14-01096 CURREN 151.93
Travel & Conf Ventura Co Office Of Education P14-01097 MARSHALL 120.00
Activate Enrollment SCRIPPS NATL SPELLING BEE P14-01098 SORIA 127.50
registration SCRIPPS NATL SPELLING BEE P14-01099 DRIFFILL 120.00
Materials and Supplies Pearson Education P14-01102 PUPIL SERVICES 914.17
supplies Petroleum Telcom Inc P14-01103 CURREN 756.00
Materials & Supplies Grainger Inc P14-01104 SORIA 354.35
materials and supplies Printech P14-01105 MCKINNA 466.56
Stores Supplies Cannon Sports Inc P14-01107 WAREHOUSE 871.61
SUP Scholastic Inc P14-01111 FREMONT 922.68
Materials and Supplies Aswell Trophy And Engraving P14-01112 LEMONWOOD 23.22
Materials/Supplies Linguisystems Inc P14-01113 PUPIL SERVICES 75.55
SUPP Ward's Natural Science Est L P14-01114 FREMONT 411.84
Materials/Supplies Linguisystems Inc P14-01115 PUPIL SERVICES 120.85
mat & sup Arrowhead Drinking Water P14-01116 RAMONA 590.00
Materials/Supplies Par Inc P14-01117 PUPIL SERVICES 83.60
Materials/Supplies CDW G P14-01118 PUPIL SERVICES 291.89
Materials/Supplies Atlas Pen And Pencil Corp P14-01119 PUPIL SERVICES 524.01
Materials and Supplies Time For Kids P14-01120 MARSHALL 339.40
title 1 instructional supplies Ansmar Publishers Inc P14-01121 MCKINNA 390.23
Materials and Supplies Mhs Inc P14-01122 PUPIL SERVICES 607.85
Matrials and Supplies Western Psychological Service P14-01123 PUPIL SERVICES 384.91
Maintenance, Parts and Repair Ventura Co Business Machines P14-01127 FRANK 600.00
Supplies Printech P14-01128 KAMALA 309.87
Professional/Consulting Services Cintas Document Management P14-01129 RITCHEN 135.00
supplies Grainger Inc P14-01130 ELM 525.97
instructional materials EDUCATIONAL DESIGN, LLC P14-01131 CURREN 552.00
instructional supplies Promethean Inc P14-01134 CURREN 861.34
conf CABE VTA CO CHAPTER ATTN:
JENN IFER ROBLES
P14-01139 MCKINNA 525.00
materials/supplies Walmart P14-01140 ASSESS ACCOUNT 300.00
Conf Ventura Co Office Of Education P14-01141 PUPIL SERVICES 80.00
Workshop COLD COAST CUE C/O
GENEVIEVE R EIFER, VCOE
P14-01142 BREKKE 120.00
materials/supplies Walmart P14-01143 ASSESS ACCOUNT 200.00
supplies Service-Pro Fire Protection, I P14-01144 TRANSPORTATION 200.00
supplies Lakeshore Learning Materials-V P14-01145 CNS 215.42
materials/supplies Walmart P14-01146 ASSESS ACCOUNT 100.00
conference Ventura Co Office Of Education P14-01147 CURREN 160.00
conference GOLD COAST CUE C/O
GENEVIEVE R EIFER, VCOE
P14-01148 CURREN 30.00
CONF GOLD COAST CUE C/O
GENEVIEVE R EIFER, VCOE
P14-01149 MARSHALL 120.00
Materials Amazon Com P14-01150 KAMALA 16.48
conf Gold Coast Cue P14-01152 RAMONA 170.00
Materials and Supplies Rochester 100, Inc P14-01153 LEMONWOOD 211.14
mat & sup Nimco Inc P14-01154 RAMONA 59.60
materials/supplies Dominik's Italian Restaurant P14-01155 ED SERVICES 289.98
matls School Health Corporation P14-01157 FREMONT 59.88
Mat/Sup Kidde Safey P14-01158 FACILITIES 188.20
Page 2 of 8
Generated for Melissa Reyes (607MREYES), Oct 30 2013 9:08AM 607 - Oxnard School District
The preceding Purchase Orders have been issued in accordance with the District's Purchasing Policy and
authorization of the Board of Trustees. It is recommended that the preceding Purchase Orders be approved
and that payment be authorized upon delivery and acceptance of the items ordered.
Board Report ReqPay11b
Includes 09/17/2013 - 10/29/2013 (See Last Page)
PO
Number Vendor Name Description
Account
Amount Loc
WORKSHOP Ventura Co Office Of Education P14-01159 FREMONT 80.00
Materials and Supplies Mayer Johnson Co P14-01161 PUPIL SERVICES 134.31
Food for ELAC/Redesignation Meeting Smart And Final Iris Co P14-01162 CURREN 77.27
Materials/Supplies Positive Promotions P14-01163 PUPIL SERVICES 758.80
Materials & Supplies Headsets Com Inc P14-01164 HAYDOCK 354.13
Misc. Supplies Fresh & Fabulous Cafe-Bakery P14-01165 HAYDOCK 388.80
Supplies Staples Direct P14-01167 SAN MIGUEL 587.78
materials Costco Wholesale P14-01168 ENGLISH LEARNER 944.00
instructional supplies Office Depot Bus Ser Div P14-01169 CURREN 611.03
Supplies Office Depot Bus Ser Div P14-01171 BREKKE 248.09
Supplies Staples Direct P14-01172 PUPIL SERVICES 407.55
supplies MASTER GRINDING & SECURITY P14-01175 CURREN 385.56
SUPPLIES Calendars P14-01176 TRANSPORTATION 38.50
MATERIALS & SUPPLIES Office Depot Bus Ser Div P14-01177 TRANSPORTATION 109.89
INSTR MATLS World Research Co P14-01178 CHAVEZ 594.59
Materials & Supplies Schooloutfitters.Com P14-01179 CHAVEZ 447.71
MTLS Lakeshore Learning Materials-V P14-01180 ED SERVICES 48.59
Travel & Conf Learning Headquarters P14-01182 MARSHALL 750.00
Materials & Supplies Nimco Inc P14-01183 HAYDOCK 87.91
Materials and Supplies Mayer Johnson Co P14-01184 PUPIL SERVICES 61.63
CONF California School Boards Assoc P14-01185 SUPERINTENDENT 414.00
Stores Supplies Cannon Sports Inc P14-01187 WAREHOUSE 322.50
Materials and Supplies (Sped) Office Depot Bus Ser Div P14-01188 KAMALA 315.86
materials/supplies Staples Direct P14-01189 ASSESS ACCOUNT 145.08
Stores Supplies Ceramics And Crafts Warehouse P14-01190 WAREHOUSE 220.53
Mat & Sup THE HUMAN SOLUTION P14-01193 SUPERINTENDENT 247.27
MTLS Amazon Com P14-01196 ED SERVICES 39.32
Mat & Sup Ultimate Office Inc P14-01198 SUPERINTENDENT 64.90
CONF GOLD COAST CUE C/O
GENEVIEVE R EIFER, VCOE
P14-01210 DRIFFILL 120.00
Professional Development CASBO VENDOR SHOW C/O
ORANGE C O DEPT OF ED
P14-01212 BUDGET 115.00
MAT & SUPPLIES 4300 Lakeshore Learning Materials-V P14-01214 HARRINGTON 286.25
Fieldtrip Performances To Grow On P14-01215 CHAVEZ 208.00
MATS & SUPPLIES 4300 Lakeshore Learning Materials-V P14-01216 HARRINGTON 142.61
Material/Supplies Amazon Com P14-01217 PUPIL SERVICES 27.38
Travel & Conference Latino Family Literacy Project P14-01218 MARSHALL 400.00
Travel and Conferences Ventura Co Office Of Education P14-01219 FRANK 105.00
supplies Copier Source, Inc P14-01220 CNS 590.00
Materials & Supplies Amazon Com P14-01221 MARSHALL 69.59
travel/conference Ventura Co Office Of Education P14-01222 ASSESS ACCOUNT 320.00
Supplies (Ink) Staples Direct P14-01223 KAMALA 246.23
supplies Network Hardware Resale P14-01225 CNS 206.50
BLDG Div Of The State Architect P14-01227 FACILITIES 294.00
BLDG Div Of The State Architect P14-01228 FACILITIES 646.80
BLDG Div Of The State Architect P14-01229 FACILITIES 343.00
BLDG Div Of The State Architect P14-01230 FACILITIES 500.00
BLDG Div Of The State Architect P14-01231 FACILITIES 98.00
BLDG Div Of The State Architect P14-01232 FACILITIES 98.00
BLDG Div Of The State Architect P14-01233 FACILITIES 58.80
Page 3 of 8
Generated for Melissa Reyes (607MREYES), Oct 30 2013 9:08AM 607 - Oxnard School District
The preceding Purchase Orders have been issued in accordance with the District's Purchasing Policy and
authorization of the Board of Trustees. It is recommended that the preceding Purchase Orders be approved
and that payment be authorized upon delivery and acceptance of the items ordered.
Board Report ReqPay11b
Includes 09/17/2013 - 10/29/2013 (See Last Page)
PO
Number Vendor Name Description
Account
Amount Loc
BLDG Div Of The State Architect P14-01234 FACILITIES 78.40
BLDG Div Of The State Architect P14-01235 FACILITIES 343.00
MATLS Network Hardware Resale P14-01238 CHAVEZ 398.00
BLDG Div Of The State Architect P14-01239 FACILITIES 107.80
conf Ventura Co Office Of Education P14-01240 RAMONA 123.90
conf ACSA P14-01241 RAMONA 295.00
Materials and Supplies Positive Promotions P14-01245 LEMONWOOD 859.69
Materials and Supplies Data Management Inc P14-01246 LEMONWOOD 447.19
REPAIRS Gibbs International Trucks P14-01247 TRANSPORTATION 191.75
Materials & Supplies Positive Promotions P14-01250 CHAVEZ 567.29
MATERIALS & SUPPLIES Oriental Trading Co Inc P14-01251 CHAVEZ 16.49
Travel and Conference GOLD COAST CUE C/O
GENEVIEVE R EIFER, VCOE
P14-01253 LEMONWOOD 180.00
MATERIAL & SUPPLIES Aswell Trophy And Engraving P14-01256 HARRINGTON 500.00
Supplies Sehi Computer Products Inc P14-01263 PUPIL SERVICES 261.40
travel/conference Pacific Southwest District - L P14-01264 ASSESS ACCOUNT 660.00
Materials and Supplies Scholastic Inc P14-01266 FRANK 280.50
supplies Ellison Educational Equip P14-01267 HARRINGTON 71.29
PLEASE DELIVER TO MCKINNA
PRESCHOOL
Lakeshore Learning Materials-V P14-01268 ED SERVICES 368.09
Instructional Supplies SIP/Special Ed. Amazon Com P14-01270 MCKINNA 441.62
Materials/Supplies Amazon Com P14-01272 PUPIL SERVICES 195.16
Materials Dell Direct Sales Lp P14-01273 PUPIL SERVICES 714.00
Equip Dell Direct Sales Lp P14-01274 PUPIL SERVICES 939.24
Textbooks MCGRAW HILL EDUCATION P14-01276 ERC 228.96
Materials and Supplies Sears Roebuck And Co P14-01278 PUPIL SERVICES 87.73
instructional supplies Jones School Supply Co Inc P14-01283 CURREN 8.09
MATL/SUP Oriental Trading Co Inc P14-01284 CURREN 59.67
matl/sup Walmart P14-01285 RAMONA 501.50
instructional materials Special Needs Project P14-01286 CURREN 441.62
Materials and Supplies Professional Indexes P14-01287 GRAPHICS 265.50
Conference ACSA P14-01288 SUPERINTENDENT 399.00
Materials/Supplies Office Depot Bus Ser Div P14-01291 PUPIL SERVICES 132.58
SIP - TRAVEL & CONFERENCE MARRIOTT HOTEL SERVICES SAN
JO SE MARRIOTT
P14-01292 ROSE 686.64
Professional / Consulting Ventura Co Office Of Education P14-01294 SORIA 40.00
SERV Underwood Family Farms P14-01295 SIERRA LINDA 480.00
Materials & Supplies Xerox P14-01296 SORIA 295.00
MATERIALS & SUPPLIES Concepts School & Office Furn P14-01297 HARRINGTON 573.16
matl/sup Ansmar Publishers Inc P14-01298 MCKINNA 780.45
Materials/Supplies Pearson Education P14-01299 PUPIL SERVICES 272.46
SUPP Scholastic Inc P14-01300 FREMONT 344.86
Professional/ Consulting Services NATIONAL GEOGRAPHIC
SOCIETY
P14-01301 HAYDOCK 100.00
Professional/Consulting Serv Cintas Document Management P14-01302 MARSHALL 250.00
Conf Red Schoolhouse Software P14-01303 DRIFFILL 390.00
Membership Fees SCRIPPS NATL SPELLING BEE P14-01305 HAYDOCK 127.50
SIP - MAT & SUP SCRIPPS NATL SPELLING BEE P14-01306 ROSE 127.50
4300 matl/sup Santa Barbara Museum-Nat Histo
ry
P14-01307 SIERRA LINDA 300.00
Page 4 of 8
Generated for Melissa Reyes (607MREYES), Oct 30 2013 9:08AM 607 - Oxnard School District
The preceding Purchase Orders have been issued in accordance with the District's Purchasing Policy and
authorization of the Board of Trustees. It is recommended that the preceding Purchase Orders be approved
and that payment be authorized upon delivery and acceptance of the items ordered.
Board Report ReqPay11b
Includes 09/17/2013 - 10/29/2013 (See Last Page)
PO
Number Vendor Name Description
Account
Amount Loc
BOOKS Amazon Com P14-01309 FREMONT 169.94
Matl-Sup Smart And Final Iris Co P14-01310 ED SERVICES 590.00
SUPP Office Depot Bus Ser Div P14-01315 FREMONT 90.46
4300/matl/sup Office Depot Bus Ser Div P14-01316 SIERRA LINDA 256.93
SUPP Houghton Mifflin Mcdougal Litt P14-01319 FREMONT 127.44
matl/sup Baudville Inc P14-01320 RAMONA 681.78
Materials & Supplies Lakeshore Learning Materials-V P14-01321 HAYDOCK 70.23
Materials & Supplies Scholastic Inc P14-01322 HAYDOCK 102.85
Stores Supplies Xpedx Paper Co P14-01325 WAREHOUSE 730.13
4300 Matl/sup Logical Choice Technologies P14-01326 SIERRA LINDA 231.00
materials/supplies Walmart P14-01327 ASSESS ACCOUNT 100.00
mtls Lakeshore Learning Materials-V P14-01329 ED SERVICES 183.65
Conf Ventura Co Office Of Education P14-01331 DRIFFILL 75.00
Materials and Supplies Mhs Inc P14-01333 PUPIL SERVICES 745.36
Stores Supplies School Health Corporation P14-01334 WAREHOUSE 512.25
ffvp suppliesl-Chavez Superior Sanitary Supplies P14-01335 CNS 145.63
ffvp supplies-Lemonwood Superior Sanitary Supplies P14-01336 CNS 72.80
Conf THE CLAREMONT HOTEL P14-01337 DRIFFILL 588.58
Instructional Supplies School Specialty Inc P14-01338 MCKINNA 429.15
4300 Matl/sup EPS/School Specialty Literacy &
Intervention
P14-01339 SIERRA LINDA 205.58
REPAIRS Gibbs International Trucks P14-01344 TRANSPORTATION 302.28
materials/supplies Educational Data Systems Inc P14-01345 ASSESS ACCOUNT 119.48
Materials and supplies Sams Club 6455 P14-01347 PERSONNEL 150.00
Materials and Supplies Starfall Publications P14-01348 MARSHALL 270.00
Materials Amazon Com P14-01349 PUPIL SERVICES 39.09
Materials Atlas Pen And Pencil Corp P14-01350 PUPIL SERVICES 307.38
Materials Super Duper Inc P14-01351 PUPIL SERVICES 104.27
Materials Alimed Inc P14-01352 PUPIL SERVICES 140.87
Workshop Ventura Co Office Of Education P14-01358 BREKKE 15.00
membership/dues Tri-County GATE Council ATTN:
Maryanna Gray
P14-01359 ASSESS ACCOUNT 250.00
Travel and Conference Learning Headquarters P14-01360 MARSHALL 375.00
travel/conference Ventura Co Office Of Education P14-01361 ASSESS ACCOUNT 60.00
Supplies Mayer Johnson Co P14-01363 BREKKE 470.82
Materials & Supplies Gopher Sport P14-01368 MARSHALL 136.71
SIP/SVC BUILDING BLOCK ENT INC P14-01370 MARSHALL 495.00
instr matl MJP Technologies, Inc P14-01374 SIERRA LINDA 858.60
Supp Developmental Studies Center P14-01375 DRIFFILL 654.90
INSTR MATL Subway. P14-01377 KAMALA 540.00
Supp All Volleyball, Inc P14-01381 DRIFFILL 211.23
Stores Supplies Unicom P14-01384 WAREHOUSE 479.97
SIP - MAT & SUP Amazon Com P14-01386 ROSE 37.67
CONF California School Boards Assoc P14-01387 SUPERINTENDENT 554.00
Instr Matl Aswell Trophy And Engraving P14-01388 MCKINNA 24.84
DSA Fees Div Of The State Architect P14-01389 FACILITIES 750.00
DSA Fees Div Of The State Architect P14-01390 FACILITIES 127.40
DSA Fees Div Of The State Architect P14-01391 FACILITIES 166.60
Service Vista Ford Of Oxnard P14-01393 FACILITIES 381.00
Materials Office Depot Bus Ser Div P14-01395 BUSINESS 193.86
Page 5 of 8
Generated for Melissa Reyes (607MREYES), Oct 30 2013 9:08AM 607 - Oxnard School District
The preceding Purchase Orders have been issued in accordance with the District's Purchasing Policy and
authorization of the Board of Trustees. It is recommended that the preceding Purchase Orders be approved
and that payment be authorized upon delivery and acceptance of the items ordered.
Board Report ReqPay11b
Includes 09/17/2013 - 10/29/2013 (See Last Page)
PO
Number Vendor Name Description
Account
Amount Loc
MAT & SUPPLIES IN-N-OUT BURGER FOUNDATION P14-01396 HARRINGTON 626.25
Instr Matl EL TACO GUY P14-01402 KAMALA 900.00
Stores Supplies School Nurse Supply Co P14-01403 WAREHOUSE 603.29
Materials/Supplies Drapery Affair P14-01404 PUPIL SERVICES 701.72
Repairs Power Machinery Center P14-01406 WAREHOUSE 850.04
Supplies Office Depot Bus Ser Div P14-01407 KAMALA 236.16
Materials & Supplies Home Depot Inc P14-01409 MCKINNA 260.26
SIP - MAT & SUP Jersey Mike's-Oxnard Blvd P14-01410 ROSE 267.75
Materials/Supplies Amazon Com P14-01411 PUPIL SERVICES 176.20
Materials/Supplies Lakeshore Learning Materials-V P14-01412 PUPIL SERVICES 26.98
Materials/Supplies SUPER SIMPLE LEARNING, INC P14-01413 PUPIL SERVICES 54.13
Supplies Printech P14-01414 KAMALA 515.70
CONF Ventura Co Office Of Education P14-01415 ENGLISH LEARNER 800.00
Materials/Supplies Pearson Education P14-01416 PUPIL SERVICES 76.70
materials/supplies Walmart P14-01417 ASSESS ACCOUNT 100.00
Conference Social Thinking P14-01418 BREKKE 190.00
matl/sup Lakeshore Learning Materials-V P14-01419 MCKINNA 100.00
Supplies Amazon Com P14-01420 PUPIL SERVICES 150.26
matl/sup Walmart P14-01421 MCKINNA 60.00
Materials and Supplies Learning Plus Associates P14-01424 LEMONWOOD 900.58
TRAVEL & CONFERENCE AMAE P14-01425 HARRINGTON 100.00
Materials/Supplies Smart And Final Iris Co P14-01426 PUPIL SERVICES 540.00
Materials/Supplies Pearson Education P14-01427 PUPIL SERVICES 63.72
Materials/Supplies Sehi Computer Products Inc P14-01428 PUPIL SERVICES 270.04
SIP - MAT & SUP Sams Club 6455 P14-01429 ROSE 300.00
Materials & Supplies Aswell Trophy And Engraving P14-01430 MARINA 372.00
SIP - MAT & SUP Lakeshore Learning Materials-V P14-01431 ROSE 156.54
supplies Jordanos Inc P14-01433 CNS 283.45
Materials & Supplies J Taylor Education P14-01436 MARSHALL 343.95
Materials GOLD COAST CUE C/O
GENEVIEVE R EIFER, VCOE
P14-01438 KAMALA 30.00
Materials/Supplies Lorman Education Services P14-01439 PUPIL SERVICES 115.78
School Supply Amazon Com P14-01440 KAMALA 251.87
matl/sup Apple Computer Inc P14-01441 MCKINNA 783.00
Equip Dell Direct Sales Lp P14-01442 PUPIL SERVICES 931.72
Materials Amazon Com P14-01443 KAMALA 135.84
4300 Batteries Plus P14-01444 KAMALA 245.16
Materials/Supplies Fresh & Fabulous Cafe-Bakery P14-01445 BREKKE 610.86
Services - Field Trip MC GRATH STREET PUMPKIN
PATCH DBA/ DAVID H MC GRATH
P14-01447 SORIA 504.00
Stores Supplies Ceramics And Crafts Warehouse P14-01448 WAREHOUSE 240.66
STORES SUPPLIES Regency Lighting P14-01450 WAREHOUSE 170.10
STORES SUPPLIES Sams Club 6455 P14-01451 WAREHOUSE 214.88
STORES SUPPLIES School Health Corporation P14-01452 WAREHOUSE 612.90
STORES SUPPLIES Uline P14-01453 WAREHOUSE 371.37
SDC - MAT & SUP Office Depot Bus Ser Div P14-01454 ROSE 134.10
Materials & supplies PRESTO PASTA P14-01455 SORIA 474.29
MATERIALS AND SUPPLIES Dell Direct Sales Lp P14-01458 FRANK 766.17
BOOKS Barnes And Noble P14-01459 FREMONT 207.44
Materials and Supplies Stamp Connection P14-01460 FRANK 129.22
Page 6 of 8
Generated for Melissa Reyes (607MREYES), Oct 30 2013 9:08AM 607 - Oxnard School District
The preceding Purchase Orders have been issued in accordance with the District's Purchasing Policy and
authorization of the Board of Trustees. It is recommended that the preceding Purchase Orders be approved
and that payment be authorized upon delivery and acceptance of the items ordered.
Board Report ReqPay11b
Includes 09/17/2013 - 10/29/2013 (See Last Page)
PO
Number Vendor Name Description
Account
Amount Loc
MATERIALS AND SUPPLIES Perma Bound Books P14-01461 FRANK 825.35
instr matl The Treehouse, Inc P14-01462 HAYDOCK 215.95
Conf Latino Family Literacy Project P14-01463 RAMONA 200.00
Supplies Riverside Publishing Co P14-01464 ELM 137.47
Materials/supplies Studies Weekly P14-01465 BREKKE 63.60
EIA/LEP MAT & SUP Brainpop Com Llc P14-01466 ROSE 135.70
4300 MOBY MAX P14-01467 KAMALA 499.99
Materials and Supplies Costco Wholesale P14-01468 LEMONWOOD 500.00
Conf Cmc P14-01469 ED SERVICES 390.00
Materials/Supplies Atlas Pen And Pencil Corp P14-01471 BREKKE 208.02
instr matl Apple Computer Inc P14-01472 RITCHEN 540.00
4300 / matl/sup Starfall Publications P14-01473 SIERRA LINDA 291.60
MATLS Safeguard P14-01474 BUDGET 626.03
4318 LEARN360 P14-01475 KAMALA 695.00
Supplies Office Depot Bus Ser Div P14-01477 NFL 65.33
4300 MAT & SUPPLIES Lakeshore Learning Materials-V P14-01478 HARRINGTON 376.92
Materials & Supplies Albertsons Inc P14-01479 SORIA 500.00
Materials & Supplies Lakeshore Learning Materials-V P14-01480 MARINA 100.00
5200 TRAVEL & CONFERENCE River Ridge Golf Club P14-01481 HARRINGTON 558.54
Materials/Supplies Amazon Com P14-01482 BREKKE 128.21
CONF Ventura Co Office Of Education P14-01483 RITCHEN 75.00
materials Amazon Com P14-01484 ED SERVICES 112.10
travel/conference Ventura Co Office Of Education P14-01485 ASSESS ACCOUNT 80.00
98,340.21 305 Total Total Number of POs
Fund Summary
Fund Description PO Count Amount
010 GENERAL FUND 277 89,014.57
120 CHILD DEVELOPMENT FUND 4 639.65
130 CAFETERIA FUND 11 5,074.19
211 BOND FUND 1997 13 3,611.80
Total Fiscal Year 2014 98,340.21
98,340.21 Total
Page 7 of 8
Generated for Melissa Reyes (607MREYES), Oct 30 2013 9:08AM 607 - Oxnard School District
The preceding Purchase Orders have been issued in accordance with the District's Purchasing Policy and
authorization of the Board of Trustees. It is recommended that the preceding Purchase Orders be approved
and that payment be authorized upon delivery and acceptance of the items ordered.
Board Report ReqPay11b
Includes 09/17/2013 - 10/29/2013 (See Last Page)
PO Changes
Description Change Amount
Fund/
Object
New PO Amount
P14-00104 1,000.00 120-4300 CHILD DEVELOPMENT FUND/MATERIALS AND SUPPLIES 1.00
P14-00136 740.00 010-4300 GENERAL FUND/MATERIALS AND SUPPLIES 200.00
P14-00282 6,360.00 010-4300 GENERAL FUND/MATERIALS AND SUPPLIES 500.00
P14-00396 432.00 010-4300 GENERAL FUND/MATERIALS AND SUPPLIES 216.00
P14-00514 1,056.00 010-4300 GENERAL FUND/MATERIALS AND SUPPLIES 300.00
P14-00912 2,334.65 130-4700 CAFETERIA FUND/FOOD 70.35
P14-00914 2,300.00 130-4700 CAFETERIA FUND/FOOD 103.10
P14-01135 2,624.24 010-5800 GENERAL FUND/PROFESSIONAL/CONSULTING SERV 74.24
P14-01259 2,907.00 130-4400 CAFETERIA FUND/NON-CAP EQUIP ($500-$4,999) 447.81
P14-01293 5,520.00 010-4300 GENERAL FUND/MATERIALS AND SUPPLIES 800.00
P14-01317 9,264.26 010-4300 GENERAL FUND/MATERIALS AND SUPPLIES 26.57
Total PO Changes
2,739.07
Information is further limited to: (Maximum Amount = 999.99)
Page 8 of 8
Generated for Melissa Reyes (607MREYES), Oct 30 2013 9:08AM 607 - Oxnard School District
The preceding Purchase Orders have been issued in accordance with the District's Purchasing Policy and
authorization of the Board of Trustees. It is recommended that the preceding Purchase Orders be approved
and that payment be authorized upon delivery and acceptance of the items ordered.
Board Report ReqPay11b
Includes 09/17/2013 - 10/29/2013 (See Last Page)
PO
Number Vendor Name Description
Account
Amount Loc
stores The Popcorn Man CNP14-00067 CNS 5,542.00
stores Jordanos Inc CNP14-00069 CNS 3,777.83
stores Gold Star Foods CNP14-00070 CNS 33,614.12
stores P And R Paper Supply Co CNP14-00071 CNS 4,445.80
stores Sysco Food Services Of Ventura CNP14-00072 CNS 5,308.77
stores Gold Star Foods CNP14-00074 CNS 16,650.67
stores Jordanos Inc CNP14-00075 CNS 9,219.68
stores Sysco Food Services Of Ventura CNP14-00076 CNS 11,076.67
stores P And R Paper Supply Co CNP14-00077 CNS 4,267.18
stores Gold Star Foods CNP14-00079 CNS 38,522.31
stores Jordanos Inc CNP14-00080 CNS 3,426.16
stores Sysco Food Services Of Ventura CNP14-00081 CNS 4,024.80
stores P And R Paper Supply Co CNP14-00082 CNS 4,807.68
stores Gold Star Foods CNP14-00083 CNS 13,006.81
stores Jordanos Inc CNP14-00084 CNS 4,988.68
stores Sysco Food Services Of Ventura CNP14-00085 CNS 3,594.99
stores P And R Paper Supply Co CNP14-00086 CNS 4,506.71
stores Gold Star Foods CNP14-00088 CNS 24,572.72
stores Jordanos Inc CNP14-00089 CNS 6,609.17
stores Sysco Food Services Of Ventura CNP14-00090 CNS 5,903.92
stores P And R Paper Supply Co CNP14-00091 CNS 3,711.75
stores Gold Star Foods CNP14-00093 CNS 23,900.71
stores Jordanos Inc CNP14-00094 CNS 4,705.23
stores Sysco Food Services Of Ventura CNP14-00095 CNS 7,889.50
stores P And R Paper Supply Co CNP14-00096 CNS 5,268.87
stores School Nurse Supply Co CNP14-00097 CNS 1,034.21
stores Jamison Hardware Company CNP14-00098 CNS 1,693.22
EIA-LEP-T3/SVC Ncs Pearson P14-00004 ENGLISH LEARNER 225,000.00
EQUIP/DOC CAMERA/PROJ Troxell Communications, Inc P14-00086 CHAVEZ 1,351.09
Painting Supplies PPG ARCHITECT COATINGS, LLC
GL IDDEN PROFESSIONAL PAINT
CTR
P14-00110 FACILITIES 2,160.00
MIG/SUP Office Depot Bus Ser Div P14-00134 MIGRANT 6,160.00
BLANKET ORDER FOR MIGRANT Smart And Final Iris Co P14-00296 MIGRANT 1,620.00
BLDG Waisman Construction Inc P14-00425 FACILITIES 42,251.18
instructional Materials Scholastic Inc P14-00555 ENGLISH LEARNER 3,733.95
BOND/BLDG/DRIFFILL P2P-KDG/DSA
CLOSEOUT
FM Architecture Inc P14-00662 BUSINESS 343,347.60
BOND/BLDG/MAR CLSRM SOUND
ATTENUATION
Kiwitts General Building P14-00710 FACILITIES 44,000.00
Computer Materials/Supplies CDW G P14-00722 IT 33,985.00
Textbooks MCGRAW HILL EDUCATION P14-00967 ERC 78,646.93
Repair WELCH ALLYN, INC P14-01045 PUPIL SERVICES 1,525.28
Stores Supplies CDW G P14-01051 WAREHOUSE 4,082.40
Stores Supplies Southwest School & Office Sup P14-01052 WAREHOUSE 6,299.04
Stores Supplies Office Depot Bus Ser Div P14-01054 WAREHOUSE 1,666.13
Stores Supplies Unisource P14-01055 WAREHOUSE 8,064.36
Stores Supplies Empire Cleaning Supply P14-01058 WAREHOUSE 2,913.90
Stores Supplies Extreme Clean P14-01059 WAREHOUSE 2,754.00
Stores Supplies Hillyard Inc P14-01060 WAREHOUSE 5,565.56
Page 1 of 6
Generated for Melissa Reyes (607MREYES), Oct 30 2013 9:11AM 607 - Oxnard School District
The preceding Purchase Orders have been issued in accordance with the District's Purchasing Policy and
authorization of the Board of Trustees. It is recommended that the preceding Purchase Orders be approved
and that payment be authorized upon delivery and acceptance of the items ordered.
Board Report ReqPay11b
Includes 09/17/2013 - 10/29/2013 (See Last Page)
PO
Number Vendor Name Description
Account
Amount Loc
Stores Supplies House Sanitary Supply Co P14-01061 WAREHOUSE 7,662.60
travel/conference Ventura Co Office Of Education P14-01065 ASSESS ACCOUNT 5,120.00
CONF CABE VTA CO CHAPTER ATTN:
JENN IFER ROBLES
P14-01075 DRIFFILL 1,125.00
Registration CABE VTA CO CHAPTER ATTN:
JENN IFER ROBLES
P14-01076 ENGLISH LEARNER 1,650.00
Textbooks Cengage Learning, Inc P14-01081 ERC 34,523.28
MATL/SUP Lakeshore Learning Materials-V P14-01082 MIGRANT 16,775.27
materials Educational Data Systems Inc P14-01085 ENGLISH LEARNER 4,234.30
BOND/BLDG/LEM K-8 PROJECT EARTH SYSTEMS PACIFIC P14-01091 FACILITIES 15,805.00
Supplies Sandwich Man Catering Service P14-01092 ED SERVICES 1,180.00
Supplies Treehouse, Inc P14-01093 DRIFFILL 2,014.20
Materials and Supplies Pearson Education P14-01100 ED SERVICES 1,456.01
Materials and Supplies Pearson Education P14-01101 PUPIL SERVICES 1,910.83
SIP - MAT & SUP Printech P14-01106 ROSE 1,500.00
T2/SVC THE NEED PROJECT P14-01108 ED SERVICES 10,300.00
BOND/SITE/HAR RECONSTRUCTION WM SURVEYS INC. P14-01109 FACILITIES 6,500.00
STORES Unisource P14-01110 WAREHOUSE 1,188.00
Materials and Supplies Pearson Education P14-01124 PUPIL SERVICES 1,238.48
Materials and Supplies Academic Therapy Publication P14-01125 PUPIL SERVICES 1,950.49
Materials and Supplies Western Psychological Service P14-01126 PUPIL SERVICES 1,283.04
SVC Ventura Co Office Of Education P14-01132 IT 9,801.92
MATL/SUP Ets Star Technical Assistanc P14-01133 ED SERVICES 3,105.75
SVCS Ets Star Technical Assistanc P14-01135 ED SERVICES 2,624.24
PREK/SVC CONTROLTEC INC P14-01136 ED SERVICES 6,098.00
SVCS The Bodine Group P14-01137 HR 8,000.00
Vehicle repairs Wright Express Fsc P14-01138 FACILITIES 5,400.00
SVC City Of Oxnard P14-01151 ED SERVICES 99,424.00
SVC Pep Boys P14-01156 FACILITIES 5,400.00
Materials and Supplies Pearson Education P14-01166 PUPIL SERVICES 1,577.03
Materials and supplies Office Depot Bus Ser Div P14-01170 FRANK 1,080.00
SIP/SUP Staples Direct P14-01173 ROSE 1,340.44
Materials & Supplies Ansmar Publishers Inc P14-01174 MARINA 5,137.96
Travel and Conference Corwin Press Inc P14-01181 MARSHALL 1,650.00
Rent/Lease/Repair Port A Stor P14-01186 FACILITIES 9,300.00
Stores Supplies Southwest School & Office Sup P14-01191 WAREHOUSE 4,689.95
travel/conference Red Schoolhouse Software P14-01192 ASSESS ACCOUNT 1,205.00
MATL/SUP Smart And Final Iris Co P14-01194 NFL 2,000.00
Materials and Supplies Xpedx Paper Co P14-01195 GRAPHICS 3,839.09
Stores Supplies Office Depot Bus Ser Div P14-01197 WAREHOUSE 2,103.19
BOND/BLDG/MEASURE R/SCHOOL
MODIFICATIONS
VANIR CONST MGMT INC P14-01199 FACILITIES 125,000.00
BOOND/BLDG/MEASURE R/HAR
RECONSTRUCTION
Dougherty&Dougherty Architects P14-01200 FACILITIES 1,147,538.00
ffvp-produce-Chavez The Berry Man Inc P14-01201 CNS 25,000.00
ffvp-produce-Driffill The Berry Man Inc P14-01202 CNS 30,000.00
ffvp-produce-Elm The Berry Man Inc P14-01203 CNS 25,000.00
ffvp-produce-Kamala The Berry Man Inc P14-01204 CNS 33,000.00
ffvp-produce-Lemonwood The Berry Man Inc P14-01205 CNS 29,000.00
ffvp-produce-Ramona The Berry Man Inc P14-01206 CNS 18,500.00
Page 2 of 6
Generated for Melissa Reyes (607MREYES), Oct 30 2013 9:11AM 607 - Oxnard School District
The preceding Purchase Orders have been issued in accordance with the District's Purchasing Policy and
authorization of the Board of Trustees. It is recommended that the preceding Purchase Orders be approved
and that payment be authorized upon delivery and acceptance of the items ordered.
Board Report ReqPay11b
Includes 09/17/2013 - 10/29/2013 (See Last Page)
PO
Number Vendor Name Description
Account
Amount Loc
ffvp-produce-Rose Ave. The Berry Man Inc P14-01207 CNS 25,000.00
SVC Ventura Pest Control P14-01208 FACILITIES 3,240.00
SVC Dial Security P14-01209 FACILITIES 5,400.00
travel/conference THE CLAREMONT HOTEL P14-01211 ASSESS ACCOUNT 2,648.52
T2/CONF Calif Science Teachers Assn P14-01224 ED SERVICES 2,314.00
CONF Ventura Co Office Of Education P14-01226 ED SERVICES 3,520.00
Equipment Green Thumb International P14-01236 FACILITIES 2,798.28
Materials & Supplies Lifetouch P14-01237 MARSHALL 4,048.79
MATL/SUP Discovery Education Inc P14-01242 HARRINGTON 1,570.00
Textbooks MCGRAW HILL EDUCATION P14-01243 ERC 4,544.34
materials/supplies Cambium Education, Inc Sopris;
Voyager
P14-01244 ASSESS ACCOUNT 10,120.51
BOND/BLDG/DRIFFILL P2P Southern Calif Gas Co P14-01248 FACILITIES 1,612.43
materials Marie Callender's P14-01249 ED SERVICES 1,500.00
travel/conference JW MARRIOTT RESORT & SPA P14-01252 ASSESS ACCOUNT 1,098.90
MATL/SUP Positive Promotions P14-01254 PUPIL SERVICES 4,979.07
Textbooks CENTER FOR MATHEMATICS &
TEACH ING INC
P14-01255 ERC 4,147.20
Textbooks Cengage Learning, Inc P14-01258 ERC 3,584.25
equipment-non cap Jordanos Inc P14-01259 CNS 2,907.00
supplies Moore Fabrication P14-01260 CNS 2,950.00
Services Ventura Co Office Of Education P14-01261 PERSONNEL 1,500.00
MATL/SUP Tri County Office Furniture P14-01262 HR 12,777.26
Materials/Supplies Concepts School And Office Fur P14-01265 PUPIL SERVICES 1,763.19
BOND/BLDG/DRIFFILL KDG BLDG EORM P14-01269 FACILITIES 7,310.00
Materials/Supplies MJP Technologies, Inc P14-01271 IT 3,780.00
COMPUTER MATERIALS/SUPPLIES Lightspeed Systems Corp P14-01275 IT 17,200.00
T2/SVC New Directions P14-01277 ED SERVICES 75,000.00
MATL/SUP Petroleum Telcom Inc P14-01279 EC 9,348.00
BOND/MATL-SUP/STUDENT
CLASSROOM FURNITURE
Concepts School & Office Furn P14-01280 DRIFFILL 201,206.56
BOND/MATL-SUP/DRI TEACHER
FURNITURE
Concepts School & Office Furn P14-01281 DRIFFILL 42,798.63
Mat/Supp Tri County Office Furniture P14-01282 FACILITIES 4,017.74
BOND/BLDG/LEM PRE-CON SVCS SWINERTON BUILDERS P14-01289 FACILITIES 130,000.00
MATL/SUP Office Depot Bus Ser Div P14-01290 MCKINNA 2,493.68
Materials & Supplies Organized Sports Ware, LLC P14-01293 SORIA 5,520.00
Membership Dues Brainpop Com Llc P14-01304 HAYDOCK 1,495.00
MATL/SUP Smart And Final Iris Co P14-01308 RAMONA 1,062.00
iPad Insurance WORTH AVE GROUP, LLC P14-01311 BUDGET 376,000.00
Stores Supplies ALTERNATIVE COPY SHOP P14-01312 WAREHOUSE 1,696.96
Stores Supplies CDW G P14-01313 WAREHOUSE 1,689.17
Stores Supplies Xerox P14-01314 WAREHOUSE 1,285.20
EIA/LEP 82%; SIP 18% Ansmar Publishers Inc P14-01317 ROSE 9,264.26
Stores Supplies Superior Sanitary Supplies P14-01323 WAREHOUSE 1,280.45
Stores Supplies Unisource P14-01324 WAREHOUSE 5,326.24
Stores Supplies Office Depot Bus Ser Div P14-01328 WAREHOUSE 1,070.01
Stores Supplies Southwest School & Office Sup P14-01330 WAREHOUSE 3,748.98
Materials and Supplies Pearson Education P14-01332 PUPIL SERVICES 1,374.08
equipment Kamran And Co Inc P14-01340 CNS 3,106.00
Page 3 of 6
Generated for Melissa Reyes (607MREYES), Oct 30 2013 9:11AM 607 - Oxnard School District
The preceding Purchase Orders have been issued in accordance with the District's Purchasing Policy and
authorization of the Board of Trustees. It is recommended that the preceding Purchase Orders be approved
and that payment be authorized upon delivery and acceptance of the items ordered.
Board Report ReqPay11b
Includes 09/17/2013 - 10/29/2013 (See Last Page)
PO
Number Vendor Name Description
Account
Amount Loc
equipment Kamran And Co Inc P14-01341 CNS 3,106.00
equipment Kamran And Co Inc P14-01342 CNS 3,106.00
equipment Kamran And Co Inc P14-01343 CNS 2,839.53
supplies Treehouse, Inc P14-01346 ELM 2,229.55
MATL/SUP Printech P14-01353 HAYDOCK 1,652.00
materials/supplies Houghton Mifflin Mcdougal Litt P14-01354 ASSESS ACCOUNT 1,048.58
serv Gold Coast Transit P14-01355 DISTRICT OFFICE 1,000.00
BLDG STATE OF CALIFORNIA DEPT. OF
C ONSERVATION
P14-01356 BUSINESS 3,600.00
BLDG CALIF DEPT. OF GENERAL
SERVICE S
P14-01357 BUSINESS 93,250.00
Textbooks Houghton Mifflin Mcdougal Litt P14-01362 ERC 3,487.16
CONF Tri-County GATE Council ATTN:
Maryanna Gray
P14-01364 ASSESS ACCOUNT 2,760.00
services Ets Star Technical Assistanc P14-01365 ED SERVICES 2,756.00
T2/SVCS MERITO FOUNDATION INC P14-01366 ED SERVICES 31,587.00
SVC Oxnard Performing Arts Center P14-01367 LEMONWOOD 1,213.00
SVCS/SPEC ED Casa Pacifica P14-01369 PUPIL SERVICES 34,920.00
SVCS/SPEC ED TLC, PLUS P14-01371 PUPIL SERVICES 34,710.00
SVCS/SPEC ED TLC, PLUS P14-01372 PUPIL SERVICES 34,710.00
Equipment CDW G P14-01373 ED SERVICES 1,738.84
computer equipment Dell Direct Sales Lp P14-01376 ASSESS ACCOUNT 1,249.17
SVC California School Mgmt Group P14-01378 PURCHASING 32,000.00
CONF Ventura Co Office Of Education P14-01379 BUSINESS 10,000.00
BOND/BLDG/ELM RECONSTRUCTION MVE Institutional, Inc P14-01380 FACILITIES 1,175,000.00
MATL/SUP Sehi Computer Products Inc P14-01382 RISK MGMT 1,346.51
MATL/SUP AUTODATA SYSTEMS P14-01383 IT 3,950.00
Stores Supplies Unisource P14-01385 WAREHOUSE 5,211.54
Mat/Supp Xerox P14-01392 FACILITIES 4,720.00
BOND/BLDG/DRI P2P Mobile Modular Management P14-01394 FACILITIES 36,085.00
Computer Equipment CDW G P14-01397 IT 3,430.66
MATL/SUP Custom Door P14-01398 FACILITIES 2,144.00
matl/sup Vista Ford Of Oxnard P14-01399 FACILITIES 1,770.00
Rent/Lease/Repair Diamond A Equipment P14-01400 FACILITIES 2,950.00
RNT/LS/RPR Gibbs International Trucks P14-01401 FACILITIES 1,620.00
Materials Renaissance Learning Inc P14-01405 MARINA 4,061.20
EQUIP/MTLS Sehi Computer Products Inc P14-01408 PURCHASING 1,787.35
CONF Latino Family Literacy Project P14-01422 ENGLISH LEARNER 1,000.00
CONF River Ridge Golf Club P14-01423 HARRINGTON 1,740.55
Rental/Lease/Driffill Mobile Modular Management P14-01432 FACILITIES 2,821.00
MATLS Smart And Final Iris Co P14-01434 WAREHOUSE 1,000.00
MATL/SUP Pearson Education P14-01435 LEMONWOOD 1,720.81
MATL/SUP Troxell Communications, Inc P14-01437 LEMONWOOD 3,024.00
STORES SUPPLIES Printech P14-01446 WAREHOUSE 1,992.60
STORES SUPPLIES Extreme Clean P14-01449 WAREHOUSE 2,295.00
STORES SUPPLIES Southwest School & Office Sup P14-01456 WAREHOUSE 2,132.97
STORES SUPPLIES Office Depot Bus Ser Div P14-01457 WAREHOUSE 3,965.98
MATL/SUP Dell Direct Sales Lp P14-01470 SIERRA LINDA 1,514.54
SVC Puente Consulting, Inc P14-01476 BUSINESS 7,663.00
Page 4 of 6
Generated for Melissa Reyes (607MREYES), Oct 30 2013 9:11AM 607 - Oxnard School District
The preceding Purchase Orders have been issued in accordance with the District's Purchasing Policy and
authorization of the Board of Trustees. It is recommended that the preceding Purchase Orders be approved
and that payment be authorized upon delivery and acceptance of the items ordered.
Board Report ReqPay11b
Includes 09/17/2013 - 10/29/2013 (See Last Page)
PO
Number Vendor Name Description
Account
Amount Loc
5,384,433.89 184 Total Total Number of POs
Fund Summary
Fund Description PO Count Amount
010 GENERAL FUND 125 1,483,425.80
120 CHILD DEVELOPMENT FUND 1 6,098.00
130 CAFETERIA FUND 40 459,584.69
211 BOND FUND 1997 4 96,645.28
212 BOND FUND 2006 3 134,907.00
213 BOND FUND MEASURE R 2012 12 3,176,963.12
251 DEVELOPER FEES 2 26,810.00
Total Fiscal Year 2014 5,384,433.89
5,384,433.89 Total
Page 5 of 6
Generated for Melissa Reyes (607MREYES), Oct 30 2013 9:11AM 607 - Oxnard School District
The preceding Purchase Orders have been issued in accordance with the District's Purchasing Policy and
authorization of the Board of Trustees. It is recommended that the preceding Purchase Orders be approved
and that payment be authorized upon delivery and acceptance of the items ordered.
Board Report ReqPay11b
Includes 09/17/2013 - 10/29/2013 (See Last Page)
PO Changes
Description Change Amount
Fund/
Object
New PO Amount
P14-00024 8,000.00 010-5800 GENERAL FUND/PROFESSIONAL/CONSULTING SERV 3,815.00
P14-00111 15,629.44 010-4329 GENERAL FUND/MISCELLANEOUS SUPPLIES .00
P14-00111 15,629.44 010-4400 GENERAL FUND/NON-CAP EQUIP ($500-$4,999) 1,589.44
Total PO P14-00111
1,589.44
P14-00135 3,080.00 010-4300 GENERAL FUND/MATERIALS AND SUPPLIES 2,000.00
P14-00177 15,605.62 010-4323 GENERAL FUND/HVAC SUPPLIES 4,789.45
P14-00198 5,620.00 010-4329 GENERAL FUND/MISCELLANEOUS SUPPLIES 3,290.55
P14-00256 10,191.68 010-4323 GENERAL FUND/HVAC SUPPLIES 4,036.74
P14-00268 6,069.60 010-4329 GENERAL FUND/MISCELLANEOUS SUPPLIES 4,449.60
P14-00273 10,989.00 010-4321 GENERAL FUND/ELECTRICAL SUPPLIES 4,775.00
P14-00540 2,153.09 010-4300 GENERAL FUND/MATERIALS AND SUPPLIES 1,159.49
P14-00541 13,024.00 010-4300 GENERAL FUND/MATERIALS AND SUPPLIES 3,024.00
P14-00680 2,500.00 010-4300 GENERAL FUND/MATERIALS AND SUPPLIES 2,000.00
P14-00931 8,000.00 010-5800 GENERAL FUND/PROFESSIONAL/CONSULTING SERV 4,900.00
Total PO Changes
39,829.27
Information is further limited to: (Minimum Amount = 1,000.00)
Page 6 of 6
Generated for Melissa Reyes (607MREYES), Oct 30 2013 9:11AM 607 - Oxnard School District
The preceding Purchase Orders have been issued in accordance with the District's Purchasing Policy and
authorization of the Board of Trustees. It is recommended that the preceding Purchase Orders be approved
and that payment be authorized upon delivery and acceptance of the items ordered.
BOARD AGENDA ITEM

Name of Contributor: Lisa Cline Date of Meeting: 11/13/13

CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT __X__
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES _____

EXPENDITURE TRANSFER REPORT #13-03 (Cline/Penanhoat)

The attached report contains expenditure transfer journals for the period of October 1,
2013 through October 31, 2013 for the 2013-14 fiscal year.

RECOMMENDATION

It is the recommendation of the Assistant Superintendent, Business & Fiscal Services and
the Director of Finance that the Board of Trustees approve the Expenditure Transfer
Report #13-03 as submitted.

ADDITIONAL MATERIAL

Attached: Expenditure Transfer Report #13-03 (4 pages)

OXNARD SCHOOL DISTRICT
Expenditure Transfer Report
#13-03 October 1, 2013 - October 31, 2013
Journal Entry # Link Account # Transaction
Date
Debit Credit Comment
GJ14-00023 10169 (015265) 010-5712-6010-0-1110-1000-001-315-0000-0 10/1/13 122.60 .00 District Field Trip 9/26/13
GJ14-00023 10169 (015293) 010-5712-7230-0-0000-3600-003-620-0780-0 10/1/13 .00 122.60 District Field Trip 9/26/13
GJ14-00023 10169 (020716) 010-9110-6010-0- - - - - - 10/1/13 .00 122.60 District Field Trip 9/26/13
GJ14-00023 10169 (020069) 010-9110-7230-0- - - - - - 10/1/13 122.60 .00 District Field Trip 9/26/13
GJ14-00024 10390 (016213) 010-8560-1100-0-0000-0000-000-660-0000-0 10/2/13 299,595.77 .00 Clear PY Lottery CRT-19554
GJ14-00024 10390 (016214) 010-8560-6300-0-0000-0000-000-300-0000-0 10/2/13 311,490.35 .00 Clear PY Lottery CRT-19554
GJ14-00024 10390 (016694) 010-9211-1100-0-0000-0000-000-000-0000-0 10/2/13 .00 299,595.77 Clear PY Lottery CRT-19554
GJ14-00024 10390 (016727) 010-9211-6300-0-0000-0000-000-000-0000-0 10/2/13 .00 311,490.35 Clear PY Lottery CRT-19554
GJ14-00025 10676 (015265) 010-5712-6010-0-1110-1000-001-315-0000-0 10/4/13 76.05 .00 District Field Trip 10/1/13
GJ14-00025 10676 (015293) 010-5712-7230-0-0000-3600-003-620-0780-0 10/4/13 .00 76.05 District Field Trip 10/1/13
GJ14-00025 10676 (020716) 010-9110-6010-0- - - - - - 10/4/13 .00 76.05 District Field Trip 10/1/13
GJ14-00025 10676 (020069) 010-9110-7230-0- - - - - - 10/4/13 76.05 .00 District Field Trip 10/1/13
GJ14-00026 10883 (015421) 010-5725-0001-0-1110-1000-057-057-0570-0 10/7/13 450.00 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015413) 010-5725-0001-0-1110-1000-048-048-0480-0 10/7/13 313.85 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015393) 010-5725-0000-0-1110-1000-048-048-7395-0 10/7/13 583.50 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015406) 010-5725-0001-0-1110-1000-036-036-0360-0 10/7/13 40.00 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015385) 010-5725-0000-0-1110-1000-036-036-7395-0 10/7/13 36.00 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015407) 010-5725-0001-0-1110-1000-038-038-0380-0 10/7/13 40.00 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015387) 010-5725-0000-0-1110-1000-040-040-7395-0 10/7/13 6,458.88 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015388) 010-5725-0000-0-1110-1000-041-041-7395-0 10/7/13 936.00 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015410) 010-5725-0001-0-1110-1000-042-042-0420-0 10/7/13 30.00 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015389) 010-5725-0000-0-1110-1000-042-042-7395-0 10/7/13 842.64 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015394) 010-5725-0000-0-1110-1000-050-050-7395-0 10/7/13 241.94 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015440) 010-5725-3010-0-1110-1000-051-051-0EA0-0 10/7/13 1,231.68 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015395) 010-5725-0000-0-1110-1000-051-051-7395-0 10/7/13 1,846.68 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015417) 010-5725-0001-0-1110-1000-053-053-0530-0 10/7/13 5,078.60 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015397) 010-5725-0000-0-1110-1000-053-053-7395-0 10/7/13 153.80 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015396) 010-5725-0000-0-1110-1000-052-052-7395-0 10/7/13 101.75 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015473) 010-5725-4203-0-1110-1000-052-052-T111-0 10/7/13 31.63 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015500) 010-5725-7090-0-4760-1000-052-052-0C20-0 10/7/13 31.63 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015399) 010-5725-0000-0-1110-1000-055-055-7395-0 10/7/13 758.00 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015400) 010-5725-0000-0-1110-1000-056-056-7395-0 10/7/13 28.45 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015445) 010-5725-3010-0-1110-1000-056-056-0EA0-0 10/7/13 3,932.55 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015404) 010-5725-0000-0-1110-1000-066-066-7395-0 10/7/13 497.67 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015449) 010-5725-3010-0-1110-1000-066-066-0EA0-0 10/7/13 55.90 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015402) 010-5725-0000-0-1110-1000-058-058-7395-0 10/7/13 984.97 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015447) 010-5725-3010-0-1110-1000-058-058-0EA0-0 10/7/13 552.60 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015423) 010-5725-0001-0-1110-1000-060-060-0600-0 10/7/13 90.60 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015536) 010-5725-9012-0-1110-1000-060-060-0093-9 10/7/13 274.50 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015448) 010-5725-3010-0-1110-1000-060-060-0EA0-0 10/7/13 36.85 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015405) 010-5725-0001-0-1110-1000-032-032-0032-0 10/7/13 105.80 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015365) 010-5725-0000-0-0000-7150-006-100-0020-0 10/7/13 946.10 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015372) 010-5725-0000-0-0000-7400-006-200-0030-0 10/7/13 173.01 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015371) 010-5725-0000-0-0000-7400-001-210-0690-0 10/7/13 474.28 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015428) 010-5725-3010-0-1110-1000-001-300-0EA0-0 10/7/13 360.95 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015368) 010-5725-0000-0-0000-7200-006-320-0170-0 10/7/13 36.00 .00 Publication Recharges - Sept 2013
Z:\Board Items\2013-14\ExpTrsfrRpt 13-03 Page 1 of 4
OXNARD SCHOOL DISTRICT
Expenditure Transfer Report
#13-03 October 1, 2013 - October 31, 2013
GJ14-00026 10883 (015452) 010-5725-3060-1-4850-1000-001-330-0LED-0 10/7/13 93.88 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015488) 010-5725-7090-0-4760-1000-001-330-0C20-0 10/7/13 20,640.66 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015484) 010-5725-6500-0-5001-2100-001-380-0260-0 10/7/13 264.44 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015517) 010-5725-9005-0-0001-2100-001-335-0NFL-0 10/7/13 177.28 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015376) 010-5725-0000-0-0000-7700-001-350-0055-0 10/7/13 166.99 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015366) 010-5725-0000-0-0000-7200-001-600-0310-0 10/7/13 235.85 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015367) 010-5725-0000-0-0000-7200-001-600-0700-0 10/7/13 203.04 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015509) 010-5725-7230-0-0000-3600-003-620-0780-0 10/7/13 30.20 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015514) 010-5725-8150-0-0000-8110-002-630-0740-0 10/7/13 120.00 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015373) 010-5725-0000-0-0000-7530-001-650-0700-0 10/7/13 49.88 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (015375) 010-5725-0000-0-0000-7550-001-000-0730-0 10/7/13 .00 49,739.03 Publication Recharges - Sept 2013
GJ14-00026 10883 (019994) 010-9110-0000-0- - - - - - 10/7/13 33,983.60 .00 Publication Recharges - Sept 2013
GJ14-00026 10883 (019997) 010-9110-0001-0- - - - - - 10/7/13 .00 6,148.85 Publication Recharges - Sept 2013
GJ14-00026 10883 (020321) 010-9110-3010-0- - - - - - 10/7/13 .00 6,170.53 Publication Recharges - Sept 2013
GJ14-00026 10883 (020751) 010-9110-3060-1- - - - - - 10/7/13 .00 93.88 Publication Recharges - Sept 2013
GJ14-00026 10883 (020403) 010-9110-4203-0- - - - - - 10/7/13 .00 31.63 Publication Recharges - Sept 2013
GJ14-00026 10883 (020057) 010-9110-6500-0- - - - - - 10/7/13 .00 264.44 Publication Recharges - Sept 2013
GJ14-00026 10883 (020063) 010-9110-7090-0- - - - - - 10/7/13 .00 20,672.29 Publication Recharges - Sept 2013
GJ14-00026 10883 (020069) 010-9110-7230-0- - - - - - 10/7/13 .00 30.20 Publication Recharges - Sept 2013
GJ14-00026 10883 (020087) 010-9110-8150-0- - - - - - 10/7/13 .00 120.00 Publication Recharges - Sept 2013
GJ14-00026 10883 (020326) 010-9110-9005-0- - - - - - 10/7/13 .00 177.28 Publication Recharges - Sept 2013
GJ14-00026 10883 (020096) 010-9110-9012-0- - - - - - 10/7/13 .00 274.50 Publication Recharges - Sept 2013
GJ14-00027 10921 (015265) 010-5712-6010-0-1110-1000-001-315-0000-0 10/7/13 83.83 .00 District F/T 10/3/13
GJ14-00027 10921 (015293) 010-5712-7230-0-0000-3600-003-620-0780-0 10/7/13 .00 83.83 District F/T 10/3/13
GJ14-00027 10921 (020716) 010-9110-6010-0- - - - - - 10/7/13 .00 83.83 District F/T 10/3/13
GJ14-00027 10921 (020069) 010-9110-7230-0- - - - - - 10/7/13 83.83 .00 District F/T 10/3/13
GJ14-00028 11378 (002657) 010-2400-0000-0-0000-2700-001-910-0440-5 10/10/13 400.41 .00 Ruvalcaba, Rosalinda
GJ14-00028 11378 (002692) 010-2400-0000-0-1110-2420-044-910-7395-5 10/10/13 .00 400.41 Ruvalcaba, Rosalinda
GJ14-00028 11378 (004365) 010-3202-0000-0-0000-2700-001-910-0440-5 10/10/13 45.82 .00 Ruvalcaba, Rosalinda
GJ14-00028 11378 (004539) 010-3202-0000-0-1110-2420-044-910-7395-5 10/10/13 .00 45.82 Ruvalcaba, Rosalinda
GJ14-00028 11378 (007216) 010-3402-0000-0-0000-2700-001-910-0440-5 10/10/13 103.51 .00 Ruvalcaba, Rosalinda
GJ14-00028 11378 (021405) 010-3402-0000-0-1110-2420-044-910-7395-5 10/10/13 .00 103.51 Ruvalcaba, Rosalinda
GJ14-00028 11378 (008302) 010-3502-0000-0-0000-2700-001-910-0440-5 10/10/13 .20 .00 Ruvalcaba, Rosalinda
GJ14-00028 11378 (008500) 010-3502-0000-0-1110-2420-044-910-7395-5 10/10/13 .00 .20 Ruvalcaba, Rosalinda
GJ14-00028 11378 (009959) 010-3602-0000-0-0000-2700-001-910-0440-5 10/10/13 14.19 .00 Ruvalcaba, Rosalinda
GJ14-00028 11378 (010166) 010-3602-0000-0-1110-2420-044-910-7395-5 10/10/13 .00 14.19 Ruvalcaba, Rosalinda
GJ14-00028 11378 (011238) 010-3702-0000-0-0000-2700-001-910-0440-5 10/10/13 30.98 .00 Ruvalcaba, Rosalinda
GJ14-00028 11378 (021406) 010-3702-0000-0-1110-2420-044-910-7395-5 10/10/13 .00 30.98 Ruvalcaba, Rosalinda
GJ14-00028 11378 (011957) 010-3752-0000-0-0000-2700-001-910-0440-5 10/10/13 2.21 .00 Ruvalcaba, Rosalinda
GJ14-00028 11378 (021407) 010-3752-0000-0-1110-2420-044-910-7395-5 10/10/13 .00 2.21 Ruvalcaba, Rosalinda
GJ14-00029 11721 (015281) 010-5712-7090-0-4760-1000-041-041-0C20-0 10/11/13 299.83 .00 District F/T 10/5, 10/7, 10/8/13
GJ14-00029 11721 (015265) 010-5712-6010-0-1110-1000-001-315-0000-0 10/11/13 167.32 .00 District F/T 10/5, 10/7, 10/8/13
GJ14-00029 11721 (015293) 010-5712-7230-0-0000-3600-003-620-0780-0 10/11/13 .00 467.15 District F/T 10/5, 10/7, 10/8/13
GJ14-00029 11721 (020716) 010-9110-6010-0- - - - - - 10/11/13 .00 167.32 District F/T 10/5, 10/7, 10/8/13
GJ14-00029 11721 (020063) 010-9110-7090-0- - - - - - 10/11/13 .00 299.83 District F/T 10/5, 10/7, 10/8/13
GJ14-00029 11721 (020069) 010-9110-7230-0- - - - - - 10/11/13 467.15 .00 District F/T 10/5, 10/7, 10/8/13
GJ14-00030 11739 (015265) 010-5712-6010-0-1110-1000-001-315-0000-0 10/11/13 136.65 .00 District F/T 10/10/13
GJ14-00030 11739 (015293) 010-5712-7230-0-0000-3600-003-620-0780-0 10/11/13 .00 136.65 District F/T 10/10/13
Z:\Board Items\2013-14\ExpTrsfrRpt 13-03 Page 2 of 4
OXNARD SCHOOL DISTRICT
Expenditure Transfer Report
#13-03 October 1, 2013 - October 31, 2013
GJ14-00030 11739 (020716) 010-9110-6010-0- - - - - - 10/11/13 .00 136.65 District F/T 10/10/13
GJ14-00030 11739 (020069) 010-9110-7230-0- - - - - - 10/11/13 136.65 .00 District F/T 10/10/13
GJ14-00031 11745 (019119) 211-6274-9010-0-0000-8500-038-630-0380-0 10/14/13 .00 1,612.43 P14-01248 Correct code
GJ14-00031 11745 (022056) 211-6274-9010-0-0000-8500-038-630-0P2P-0 10/14/13 1,612.43 .00 P14-01248 Correct code
GJ14-00032 11916 (018241) 130-2301-5310-0-0000-3700-001-640-0710-4 10/14/13 .00 2,121.00 transfer salary to fruit/vegetable grant
GJ14-00032 11916 (021117) 130-2301-5370-0-0000-3700-001-640-0000-4 10/14/13 2,121.00 .00 transfer salary to fruit/vegetable grant
GJ14-00032 11916 (018267) 130-3202-5310-0-0000-3700-001-640-0710-4 10/14/13 .00 242.15 transfer salary to fruit/vegetable grant
GJ14-00032 11916 (021119) 130-3202-5370-0-0000-3700-001-640-0000-4 10/14/13 242.15 .00 transfer salary to fruit/vegetable grant
GJ14-00032 11916 (018334) 130-3302-5310-0-0000-3700-001-640-0710-4 10/14/13 .00 119.58 transfer salary to fruit/vegetable grant
GJ14-00032 11916 (021120) 130-3302-5370-0-0000-3700-001-640-0000-4 10/14/13 119.58 .00 transfer salary to fruit/vegetable grant
GJ14-00032 11916 (018425) 130-3502-5310-0-0000-3700-001-640-0710-4 10/14/13 .00 23.33 transfer salary to fruit/vegetable grant
GJ14-00032 11916 (021122) 130-3502-5370-0-0000-3700-001-640-0000-4 10/14/13 23.33 .00 transfer salary to fruit/vegetable grant
GJ14-00032 11916 (018492) 130-3602-5310-0-0000-3700-001-640-0710-4 10/14/13 .00 80.28 transfer salary to fruit/vegetable grant
GJ14-00032 11916 (021123) 130-3602-5370-0-0000-3700-001-640-0000-4 10/14/13 80.28 .00 transfer salary to fruit/vegetable grant
GJ14-00032 11916 (018592) 130-3802-5310-0-0000-3700-001-640-0710-4 10/14/13 .00 34.00 transfer salary to fruit/vegetable grant
GJ14-00032 11916 (021124) 130-3802-5370-0-0000-3700-001-640-0000-4 10/14/13 34.00 .00 transfer salary to fruit/vegetable grant
GJ14-00032 11916 (020320) 130-9110-5310-0- - - - - - 10/14/13 2,620.34 .00 transfer salary to fruit/vegetable grant
GJ14-00032 11916 (021038) 130-9110-5370-0- - - - - - 10/14/13 .00 2,620.34 transfer salary to fruit/vegetable grant
GJ14-00033 12596 (016301) 010-8699-0000-0-0000-0000-001-300-0150-0 10/18/13 .00 515,733.90 Clear PY Def Revenue
GJ14-00033 12596 (017501) 010-9650-0000-0-0000-0000-000-000-0000-0 10/18/13 515,733.90 .00 Clear PY Def Revenue
GJ14-00034 12580 (019994) 010-9110-0000-0- - - - - - 10/18/13 .00 100,853.24 Clear 9795 Balances brought over from IVisions per Auditor
GJ14-00034 12580 (019997) 010-9110-0001-0- - - - - - 10/18/13 72,541.71 .00 Clear 9795 Balances brought over from IVisions per Auditor
GJ14-00034 12580 (020000) 010-9110-0002-0- - - - - - 10/18/13 .00 1.00 Clear 9795 Balances brought over from IVisions per Auditor
GJ14-00034 12580 (020018) 010-9110-0005-0- - - - - - 10/18/13 369.55 .00 Clear 9795 Balances brought over from IVisions per Auditor
GJ14-00034 12580 (020327) 010-9110-0009-0- - - - - - 10/18/13 27,936.11 .00 Clear 9795 Balances brought over from IVisions per Auditor
GJ14-00034 12580 (020403) 010-9110-4203-0- - - - - - 10/18/13 .02 .00 Clear 9795 Balances brought over from IVisions per Auditor
GJ14-00034 12580 (020060) 010-9110-6510-0- - - - - - 10/18/13 6.85 .00 Clear 9795 Balances brought over from IVisions per Auditor
GJ14-00034 12580 (022003) 010-9539-4203-0- - - - - - 10/18/13 .00 .02 Clear 9795 Balances brought over from IVisions per Auditor
GJ14-00034 12580 (021996) 010-9795-0000-0- - - - - - 10/18/13 100,853.24 .00 Clear 9795 Balances brought over from IVisions per Auditor
GJ14-00034 12580 (021997) 010-9795-0001-0- - - - - - 10/18/13 .00 72,541.71 Clear 9795 Balances brought over from IVisions per Auditor
GJ14-00034 12580 (021998) 010-9795-0002-0- - - - - - 10/18/13 1.00 .00 Clear 9795 Balances brought over from IVisions per Auditor
GJ14-00034 12580 (021999) 010-9795-0005-0- - - - - - 10/18/13 .00 369.55 Clear 9795 Balances brought over from IVisions per Auditor
GJ14-00034 12580 (022000) 010-9795-0009-0- - - - - - 10/18/13 .00 27,936.11 Clear 9795 Balances brought over from IVisions per Auditor
GJ14-00034 12580 (022001) 010-9795-6510-0- - - - - - 10/18/13 .00 6.85 Clear 9795 Balances brought over from IVisions per Auditor
GJ14-00035 13666 (015265) 010-5712-6010-0-1110-1000-001-315-0000-0 10/28/13 1,425.24 .00 District F/T 10/11-10/18/13
GJ14-00035 13666 (015303) 010-5712-9012-0-1110-1000-036-036-0093-9 10/28/13 875.94 .00 District F/T 10/11-10/18/13
GJ14-00035 13666 (015293) 010-5712-7230-0-0000-3600-003-620-0780-0 10/28/13 .00 2,301.18 District F/T 10/11-10/18/13
GJ14-00035 13666 (020716) 010-9110-6010-0- - - - - - 10/28/13 .00 1,425.24 District F/T 10/11-10/18/13
GJ14-00035 13666 (020069) 010-9110-7230-0- - - - - - 10/28/13 2,301.18 .00 District F/T 10/11-10/18/13
GJ14-00035 13666 (020096) 010-9110-9012-0- - - - - - 10/28/13 .00 875.94 District F/T 10/11-10/18/13
GJ14-00036 13857 (013654) 010-4300-3061-1-4850-1000-001-330-0KED-0 10/28/13 .00 143.57 PO#P14-01007/Indirect
GJ14-00036 13857 (013650) 010-4300-3060-1-4850-1000-001-330-0LED-0 10/28/13 143.57 .00 PO#P14-01007/Indirect
GJ14-00036 13857 (016095) 010-7310-3061-1-4850-7210-001-330-0KED-0 10/28/13 769.14 .00 PO#P14-01007/Indirect
GJ14-00036 13857 (016086) 010-7310-0000-0-0000-7210-001-925-0700-0 10/28/13 .00 769.14 PO#P14-01007/Indirect
GJ14-00036 13857 (019994) 010-9110-0000-0- - - - - - 10/28/13 769.14 .00 PO#P14-01007/Indirect
GJ14-00036 13857 (020751) 010-9110-3060-1- - - - - - 10/28/13 .00 143.57 PO#P14-01007/Indirect
GJ14-00036 13857 (020753) 010-9110-3061-1- - - - - - 10/28/13 .00 625.57 PO#P14-01007/Indirect
GJ14-00037 13858 (021402) 010-7310-3110-1-4850-7210-001-330-mees-0 10/28/13 949.05 .00 Indirect Charges
Z:\Board Items\2013-14\ExpTrsfrRpt 13-03 Page 3 of 4
OXNARD SCHOOL DISTRICT
Expenditure Transfer Report
#13-03 October 1, 2013 - October 31, 2013
GJ14-00037 13858 (016093) 010-7310-3060-1-4850-7210-001-330-0LED-0 10/28/13 9,380.63 .00 Indirect Charges
GJ14-00037 13858 (016086) 010-7310-0000-0-0000-7210-001-925-0700-0 10/28/13 .00 10,329.68 Indirect Charges
GJ14-00037 13858 (019994) 010-9110-0000-0- - - - - - 10/28/13 10,329.68 .00 Indirect Charges
GJ14-00037 13858 (020751) 010-9110-3060-1- - - - - - 10/28/13 .00 9,380.63 Indirect Charges
GJ14-00037 13858 (021377) 010-9110-3110-1- - - - - - 10/28/13 .00 949.05 Indirect Charges
GJ14-00038 14337 (018087) 120-8590-6105-0-0000-0000-000-000-0C30-0 10/31/13 .00 77,121.00 Correction to Receipt DP14-00893
GJ14-00038 14337 (018093) 120-8673-6105-0-0000-0000-000-000-0000-0 10/31/13 77,121.00 .00 Correction to Receipt DP14-00893
GJ14-00039 14468 (022359) 010-8980-9016-0-0000-0000-000-660-0000-0 10/31/13 1,900.00 .00 Clear Resource to GF
GJ14-00039 14468 (016440) 010-8980-0000-0-0000-0000-000-660-0000-0 10/31/13 .00 1,900.00 Clear Resource to GF
GJ14-00039 14468 (019994) 010-9110-0000-0- - - - - - 10/31/13 1,900.00 .00 Clear Resource to GF
GJ14-00039 14468 (020108) 010-9110-9016-0- - - - - - 10/31/13 .00 1,900.00 Clear Resource to GF
GJ14-00040 14517 (019994) 010-9110-0000-0- - - - - - 10/31/13 .00 1.73 Closed Resource - Clear Balance to GF
GJ14-00040 14517 (020111) 010-9110-9017-0- - - - - - 10/31/13 1.73 .00 Closed Resource - Clear Balance to GF
GJ14-00040 14517 (017141) 010-9535-9017-0-0000-0000-000-000-0000-0 10/31/13 .00 1.73 Closed Resource - Clear Balance to GF
GJ14-00040 14517 (017088) 010-9535-0000-0-0000-0000-000-000-0000-0 10/31/13 1.73 .00 Closed Resource - Clear Balance to GF
GJ14-00041 14518 (019994) 010-9110-0000-0- - - - - - 10/31/13 1.73 .00 Reverse JE14-00040
GJ14-00041 14518 (020111) 010-9110-9017-0- - - - - - 10/31/13 .00 1.73 Reverse JE14-00040
GJ14-00041 14518 (017141) 010-9535-9017-0-0000-0000-000-000-0000-0 10/31/13 1.73 .00 Reverse JE14-00040
GJ14-00041 14518 (017088) 010-9535-0000-0-0000-0000-000-000-0000-0 10/31/13 .00 1.73 Reverse JE14-00040
GJ14-00042 14519 (017141) 010-9535-9017-0-0000-0000-000-000-0000-0 10/31/13 .00 1.73 Clear Balance in R9017
GJ14-00042 14519 (020110) 010-9790-9017-0- - - - - - 10/31/13 1.73 .00 Clear Balance in R9017
Z:\Board Items\2013-14\ExpTrsfrRpt 13-03 Page 4 of 4
BOARD AGENDA ITEM


Name of Contributor(s): Dr. Nancy J. Carroll Date of Meeting: November 13, 2013

Closed Session: _____
A. Preliminary ____
B. Hearing: __
C. Consent Agenda __ X _
D. Action Items
E. Reports/Discussion Items (no action) _____
F. Board Policies 1
st
Reading _____ 2
nd
Reading ____

Title: Consideration of Approval of Revised/New Job Descriptions: Manager
of Special Programs and Services, Director of English Learner
Services, Director of Curriculum, Instruction & Accountability, and
Director of Certificated Human Resources and Public Relations
(Carroll)

EXECUTIVE SUMMARY:
Presented for your consideration are the revision and/or approval of four job descriptions. If
approved, these revisions will allow the Educational Services and Human Resources departments
to better serve the students, parents, teachers, principals, other support personnel, and
community.

1. We are recommending that the current Administrative Intern- Afterschool Program & Safety
Program position be revised to become Manager of Special Programs and Services with the
salary and work year to be similar to other Managers. The work year including vacation days and
holidays would be designated at 261 days, and the pay range would be $88,946-$105,673. This
amount is a salary increase of $346 at Step 1. An Administrative Services credential or
equivalent would be required. In addition to implementing and supervising the Afterschool &
Safety Program and other related federal and state afterschool programs, this position would also
be responsible for managing and supervising the Districts Enrollment Center. Preparing special
reports related to the Educational Services Department would also be required. A proposed job
description is attached for your consideration. See proposed job description for Manager of
Special Programs and Services.

2. Diane Villegas, our current Director of English Learner Services, is retiring at the end of
December 2013. We recommend that the position title and job responsibilities remain the same.
We also recommend that the salary and work year be equivalent to that of the Director of Pupil
Services (currently held by Marikaye Phipps) and Director of Curriculum, State and Federal
Programs (currently held by Ronit Driver). At this time, there are 261 designated work days
including vacation and holidays. The pay range is $99,731-$118,487. A modification to the
salary range is the only recommendation for your consideration. The recommendation is to
reduce the current salary range of $104,371-$$124,000 to $99,731-$118,487. See current job
description for Director of English Learner Services.

3. The restoration of a Director position is needed in the Educational Services Department. In
addition to the challenge to effectively implement the Common Core curriculum and the new
state & federal accountability mandates, assistance is needed to adequately train teachers in
effective strategies for integrating technology in classroom instruction vis--vis 21
st
Century
teaching and learning. And, with the implementation of the newly awarded $12 million dollars
federal Magnet Schools Assistance Program, many new tasks will be placed on this department.
There is also a pressing need to address our GATE students and programs in a more
comprehensive manner. Finally, it will be necessary to revise the Districts student achievement
accountability system as Smarter Balance is implemented. We recommend restoring the position
of Director of Curriculum, Instruction & Accountability with no change to salary and work year.
Minor revisions to the current job description are presented for your consideration.

4. A new position is proposed for the Human Resources Department. A Director of Certificated
Human Resources and Public Relations is needed to assist with the multitude of federal and state
employee-related requirements, complaints, credential monitoring & audits, recruitment & hiring,
contracts, supervision/evaluation/discipline needs, negotiations processes for approximately 2,000
employees, and the implementation of the upcoming district wide reconfiguration. In addition,
this position would assist the Superintendent with public relations needs. We recommend that the
salary and work year be equivalent to that of the Director of Pupil Services (currently held by
Marikaye Phipps) and Director of Curriculum, State and Federal Programs (currently held by
Ronit Driver). At this time, there are 261 designated work days including vacation and holidays.
The pay range is $99,731-$118,487. A proposed job description is presented for your review and
consideration.


FISCAL IMPACT:

Previous Title Revised Title
Administrative Intern- Afterschool Program &
Safety Program
Manager of Special Programs
Increase in Salary of $346 at Step 1
Director of English Learner Services No Title Change
Salary reduction to $99,731- $118,487 range
Director of Curriculum, State and Federal
Programs
Director of Curriculum, Instruction &
Accountability
No Salary Change
None Director of Certificated Human Resources and
Public Relations
Salary Range: $99,731- $118,487


RECOMMENDATION
Approval of the revised/new job descriptions as described is recommended:

ADDITIONAL MATERIAL(S):
Job Description, Manager of Special Programs
Job Description, Director of English Learner Services
Job Description, Director of Curriculum, Instruction & Accountability
Job Description, Director of Certificated Human Resources and Public Relations

HUMAN RESOURCES & SUPPORT SERVICES

Title: MANAGER OF SPECIAL PROGRAMS AND SERVICES

Qualifications:

1. An earned Master's degree from a recognized college or university.
2. A minimum of three years of successful, full-time public school classroom teaching experience. (One
year's credit equals 75 percent or more of a school year under an employment contract).
3. A valid and appropriate Administrative Credential, Certificate of Eligibility, or completion of the
School Leadership Licensure Assessment (SLLA) or California Preliminary Administrative Credential
Examination (CPACE) for an Administrative Services Credential in compliance with the provisions of
Title 5, California Administrative Code, Sections 80125-80127 and California Education Code, Section
44270. If credential/degree paperwork is in process, a letter must be provided from the
college/university verifying that credential and/or degree will have been earned no later than the start
date for the position.
4. Ability to meet district standards for physical and mental health.
5. Evidence of good moral character.
6. Satisfactory recommendation from training supervisors or other professionals who have observed the
candidates personal characteristics, scholastic achievement, and job-related performance.
7. Such alternatives to the above qualifications as the District may find appropriate and acceptable.

Reports to: Director of Curriculum, Instruction, and Accountability

Supervises: Certificated and classified staff, as assigned.

Job Goal: Under the directive of the Director of Curriculum, Instruction, and Accountability, the Manager
of Special Programs and Services shall implement the Districts ASES grant, implement the
districts Supplemental Education Program, and assist in supervising the Districts Enrollment
Center.

Performance Responsibilities:

1. Assists in the development/implementation of federal and state regulated programs (i.e. After School
Safety Education Grant and Supplemental Education Services).

2. Assists and ensures district compliance with all federal and state regulations related to the After School
Safety Education Grant and Supplemental Education Services.

3. Assists in maintaining budgets and invoices related to the After School Safety Education Grant and
Supplemental Education Services.

4. Coordinates all technical requirements for the After School Safety Education Grant (e.g. safety
inspections, fire drills, attendance records, professional development, meeting with stakeholders,
coordination of services).

5. Coordinates all technical requirements Supplemental Education Services (e.g. provider fairs, provider
contracts, student learning plans, data, communication to providers and stakeholders).


6. Coordinates requisitions for supplies and equipment, conducts inventories, maintains records, and
checks on receipts for such materials.

7. Assists in managing and supervising the Districts Enrollment Center.

8. Prepares various reports as directed by the Director of Curriculum, Instruction, and Accountability.

9. Assists in evaluating personnel in conjunction with the Director of Curriculum, Instruction, and
Accountability.

10. Serves as a member of the management staff.

11. Performs such other duties as assigned.

Term of Employment:
This shall be a twelve month position with salary and benefits established annually by the Board of Trustees.
The currently adopted work year salary and benefit schedule is established annually by the Board of Trustees, a
copy of which will be found in District Policy.

Evaluation:
The evaluation and assessment of performance of the Manager of Special Programs and Services will be
conducted by the Director of Curriculum, Instruction, and Accountability, or his/her designee in accordance
with the provision of Education Code, Sections 44660-44665 and Oxnard School District Policy, and submitted
to the Superintendent/designee for review.

Equal Opportunity:
The Oxnard School Districts Governing Board is committed to equal opportunity for all individuals in
education and encourages applications for employment for all persons regardless of race, religious creed, age,
medical condition, marital status, color, ancestry/citizenship, sexual orientation, national origin, political
affiliation, physical or mental disability, pregnancy, child birth or related medical condition, or sex (gender
identity). The Board shall promote programs that ensure that discriminatory practices are eliminated in all
district activities. The Oxnard School District encourages applications for employment from all persons
regardless of race, religion, national origin, political affiliation, disability or sex.


Board Approved: November 13, 2013










HUMAN RESOURCES & SUPPORT SERVICES

Title: DIRECTOR OF ENGLISH LEARNER SERVICES

Qualifications:

1. A Master's Degree or the equivalent to the completion of a Masters Degree or higher degree from an
accredited college or university in the area of English learner services, second language acquisition,
bilingual/bicultural studies, or closely-related field.

2. A valid and appropriate Administrative Credential in compliance with the provisions of Title 5,
California Administrative Code, Section 80125-80127 and California Education Code, Section 44270.

3. A teaching certificate with valid authorization to teach English Learners in California, e.g., Bilingual
Crosscultural Language and Academic Development (BCLAD) in Spanish, Crosscultural, Language
and Academic Development (CLAD), and/or passing the California Teacher of English Learners
(CTEL) Examination.

4. A minimum of five years of successful, full-time classroom teaching experience with English Learners,
including Structured English Immersion, Transitional Bilingual Education, and Dual Language
Immersion programs. The candidate should also have direct experience in K-8 grade ranges, such as
primary upper grade, and junior high.

5. A minimum of three years of successful, full-time administrative or supervisory experience including
principalship.

6. Knowledge of major concepts of curriculum theory, with specific application programs for English
learners.

7. Demonstrated ability in school improvement supported by data.

8. Demonstrated ability to apply principles of teaching and learning with emphasis on current research of
second language acquisition.

9. Demonstrated ability to work effectively and harmoniously with parents, teachers, and staff.

10. Demonstrated ability to communicate effectively in written form and orally in both Spanish and
English.

11. Ability to meet district standards for physical and mental health.

12. Evidence of mature judgment and a sensitivity to the needs of pupils and parents and various ethnic
cultural, educational, and economic backgrounds.

13. At least three (3) superior recommendations, including recent letters from supervisors and professional
educators who have observed the candidate's personal characteristics, scholastic achievement, and job-
related performance.

14. Such alternatives to the above qualifications as the District Administration may find appropriate and
acceptable.

Reports to: Assistant Superintendent of Educational Services

Supervises: English Learner Services Department
Migrant Education Program Department

Job Goal: To provide supervision, leadership, expertise, and assistance.

Performance Responsibilities:

1. Supervise the implementation of the District English Learner Master Plan.

2. Coordinate all programs and services that support English Learners.

3. Provide and monitor budgets for the English Learner Services Department.

4. Provide direction and support to site and district administrators in improving the achievement of English
Learners.

5. Serve as an instructional/curricular resource to teachers, support staff, and administrators for English
Learner programs.

6. Provide professional development for teachers, support staff and administrators in the instructional
program for English Learners.

7. Support and monitor schools in the alignment of curriculum, instruction, and assessment appropriate for
English Learners.

8. Provide relevant resources, including coaching and model lessons, to the English Learner Services staff
and others.

9. Participate in local and state program evaluation, and coordinate the collection and compilation of
appropriate data.

10. Provide leadership and supervision for gathering and maintaining data related to English Learner
programs that allow for monitoring of academic progress, including state and federal compliance,
program improvement, and reclassification.

11. Recruit, hire and evaluate personnel of the English Learners services department as appropriate.

12. Collaborate with other district-level administrators and support staff, such as Program Improvement,
Migrant Education, Special Education, etc., to coordinate and align services to meet needs of English
Learners.

13. Establish and conduct monthly meetings with English Learner Services staff.

14. Participate in meetings of the Educational Services Division.

15. Organize, plan, and conduct District English Learner Advisory Council (DELAC) meetings, and assist
schools with the coordination of English Learner Advisory Councils (ELAC).

16. Supervise CELDT testing and all other federal and state mandated testing for English Learners.

17. Manages Migrant Education Program Services.

18. Comply with all federal and state requirements for English Learner programs and services.

19. Perform other duties as required and assigned by the Assistant Superintendent of Educational Services.

Terms of Employment:
This shall be a twelve month position with salary and benefits established annually by the Board of Trustees.
The currently adopted work year, salary and benefit schedule will be found in District Policy.


Evaluation:
The evaluation and assessment of performance of the Director of English Learner Services will be conducted by
Assistant Superintendent of Educational Services in accordance with the provisions of California Education
Code, Sections 44660-44665 and Oxnard School District Board Policy.

Equal Opportunity:
The Oxnard School Districts Governing Board is committed to equal opportunity for all individuals in
education and encourages applications for employment for all persons regardless of race, religious creed, age,
medical condition, marital status, color, ancestry/citizenship, sexual orientation, national origin, political
affiliation, physical or mental disability, pregnancy, child birth or related medical condition, or sex (gender
identity). The Board shall promote programs that ensure that discriminatory practices are eliminated in all
district activities. The Oxnard School District encourages applications for employment from all persons
regardless of race, religion, national origin, political affiliation, disability or sex.

Board Approved: November 13, 2013









HUMAN RESOURCES & SUPPORT SERVICES

Title: DIRECTOR OF CURRICULUM, INSTRUCTION, AND ACCOUNTABILITY

Qualifications:

1. A Master's Degree.

2. A valid and appropriate Administrative Credential, in compliance with the provisions of Title 5,
California Administrative Code, Sections 80125-80127 and California Education Code, Section
44270.
3. Three (3) years of successful, full-time classroom teaching experience, plus 3 years of successful
administrative or supervisory experience including principalship. Desirable: elementary and
middle school experience, bilingual.

4. Demonstrated ability in school improvement supported by data.

5. Knowledge of curriculum theory.

6. Demonstrated ability to communicate effectively in written form and orally.

7. Evidence of mature judgment and a sensitivity to the needs of pupils and parents and various
ethnic cultural, educational, and economic backgrounds.

8. At least three (3) superior recommendations, including recent letters from supervisors and
professional educators who have observed the candidates personal characteristics, scholastic
achievement, and job-related performance.

9. Demonstrate the ability to meet district standards for physical and mental health.

10. Such alternatives to the above qualifications as the District Administration may find appropriate
and acceptable.

Reports to: Assistant Superintendent, Educational Services

Supervises: 1) Director of Early Childhood Education
2) Manager of Special Programs and Services
3) District Textbook Coordinator
4) Special Grant Administrator(s), as assigned
5) Curriculum Staff and/or Administrator(s), as assigned
6) Classified clerical staff, as assigned

Job Goal: This position requires subject matter expertise in curriculum, instruction, staff
development, implementation of standards and comprehensive educational organization
and management experience.

To support the goals and objectives of the District, the Director will also oversee the
development and coordination of state and federal compensatory/categorical programs
aligned with the district and school plans.


Performance Responsibilities:

1. Oversee and support the implementation of Response to Instruction and Intervention (RTI),
which is systematic, data-driven approach to instruction that benefits every student.
2. Assists in monitoring the core and intervention programs to meet the academic and behavioral
needs of students.
3. Assist in coordinating the aspect of the Districts curriculum/instructional service programs,
including technical assistance to administrators and staff as they implement the instructional
program.
4. Plan, schedule and help conduct professional development and training necessary to implement
the District curriculum and instruction.
5. Provide training for department chairs, literacy coaches, and instructional leadership in
monitoring state content standards.
6. Assist in the development of board policies and administrative procedures relating to curriculum
and instruction.
7. Assist in data collection, analysis, and reporting to school site personnel, district administration,
and Board of Trustees.
8. Assist in developing evaluation systems required to measure and report progress towards the
achievement of district goals and program objectives.
9. Compile statistical data required in planning and implementation the educational program;
provide information and analysis to staff on current educational research and requirements
relevant to assessment, accountability, and student information.
10. Direct and administer the activities of the standing/ad hoc committees of the district in all areas
relating to instruction and curriculum.
11. Assist as a liaison between the district and other educational agencies in the development,
coordination, and implementation of new programs for instructional improvement.
12. Assume administrative responsibility for the development, submission, and implementation of
state and federal projects and programs.
13. Direct the planning, writing, monitoring, and compliance for district special-funded programs.
14. Assist District in balancing student placements in meeting instructional needs.
15. Coordinate state and federal mandated programs.
16. Serve as the district representative to all county, state, and federal agencies for categorically
funded programs.
17. Oversee the implementation, reporting, and accountability of state pre-school programs.
18. Monitor the implementation, reporting, and accountability of the Districts after school program.
19. Monitor the implementation, reporting, and accountability of any federal or state grants related to
curriculum, instruction, or special programs.
20. Monitor compliance of School Site Councils.
21. Provide staff development for Assistant Principals.
22. Oversee compliance and funding for private schools.
23. Oversee the implementation of the District GATE programs.
24. Oversee the implementation of the State and Federal testing requirements.
25. Oversee and support sites with the implementation of Advancement via Individual Determination
(AVID).
26. Oversee and ensure mandates for Homeless and Foster Youth education.
27. Oversee the completion of the Districts School Accountability Report Card (SARC).
28. Perform such duties as may be assigned.

HUMAN RESOURCES & SUPPORT SERVICES

Title: DIRECTOR OF CERTIFICATED HUMAN RESOURCES AND PUBLIC
INFORMATION OFFICER
Qualifications:
1. A Masters degree.
2. A valid and appropriate Administrative Credential in compliance with the provisions of Title 5,
California Administrative Code, Sections 80125-80127 and California Education Code, Section
44270.
3. A minimum of three years of successful, full-time classroom teaching experience, and three years
of successful, full-time administrative or supervisory experience.
4. Demonstrated ability to work effectively and harmoniously with administrators, teachers, and
other staff.
5. Demonstrated ability to communicate effectively both in written form and orally.
6. Demonstrated ability to compile and write clear, concise district policies and procedures
consistent with current law and the needs of the District.
7. Ability to meet district standards for physical and mental health.
8. Evidence of mature judgment and a sensitivity to the personnel needs of the District based upon
the racial/ethnic composition of the community including state and federal laws.
9. Satisfactory recommendations from a training supervisor or other professional who has observed
the candidates personal characteristic, scholastic achievement, and job-related performance.
10. Ability to serve as spokesperson for the District and Liaison with the media; attend and represent
the Superintendent and District and be a communications link at a variety of meetings,
conferences, and boards to develop partnership opportunities and inform the community at large.
Reports to: District Superintendent and Assistant Superintendent of Human Resources and Support
Services
Supervises: 1) Secretarial and clerical staff as assigned.
2) Designated administrators.

Job Goals:
To assist the Assistant Superintendent of Human Resources and Support Services
substantially and effectively in the task of providing leadership in developing,
achieving, and maintaining the best possible educational programs and services.
Administers the particular division and/or departments of which he/she has charge
with a maximum of efficiency. In role as Public Information Officer, to facilitate
positive/clear communication regarding District operations between the community,
schools, programs, organizations, and the administrative offices. To serve as the
spokesperson for the District and liaison with the media; attend and represent the
Superintendent and District and be a communications link at a variety of meetings,
conferences and boards to develop partnership opportunities and inform the
community at large. Assists the Superintendent in the planning, organizing, and
control of the internal and external communications of the District to promote clear
communications and support for the District through public awareness.

Performance Responsibilities:

1. Accepts from the Superintendent and Assistant Superintendent of Human Resources and Support
Services responsibilities as the Superintendent chooses to delegate and assumes full responsibility
for discharging them.

2. Assists the Assistant Superintendent of Human Resources and Support Services with the
evaluation and supervision of the performance of administrators/department heads within the
Human Resources Division to secure the continual improvement of the Districts programs and
services.

3. Attends board meetings, and attends and presides over such other meetings as the Superintendent
and the Assistant Superintendent of Human Resources and Support Services designates.

4. Serves, upon assignment by the Assistant Superintendent of Human Resources and Support
Services, as a resource person to various managers in the district.

5. Assists with the preparation of administrative rules, personnel actions, and status reports for the
Superintendents review and action.

6. Keeps informed of and interprets all laws, regulations, statutes, rules, and policies affecting
his/her divisions or departments.

7. Assists the Assistant Superintendent of Human Resources and Support Services with recruiting,
hiring, training, supervising, and evaluating all personnel.

8. Devises comprehensive and efficient systems of record-keeping in accordance with the particular
needs of his/her division and the policies, regulations, and laws affecting his/her division.

9. Serves as the District Public Information Officer.

10. Remains abreast of developments and innovations in the field by reading current and cogent
literature, attending professional society and association meetings and conferences, and
discussing development and problems of mutual interest with others in the field. Speaks, reads
and writes in a designated second language.

11. Ability to meet schedules and timelines.

12. Serves as the Districts primary contact and information resource with the community including
preparation of newsletters, websites, news releases, complex reports and general communication.
13. Communicates with government, non-profits, the media and other sources on issues that promote
public awareness of the District.

14. Collaborates with the Superintendent to develop policies and procedures related to District
publications and public relations.

15. Researches and recommends Board policies, rules, and regulations for approval.

16. Researches and prepares a wide variety of complex reports and information for the
Superintendent, the Board of Education and the media.

17. Communicates with and advises other administrators, personnel and outside organizations to
coordinate activities and programs, resolve issues and exchange information.

18. Performs other duties as assigned by the Superintendent and Assistant Superintendent of Human
Resources and Support Services.

Terms of Employment:
This shall be a twelve month position with salary and benefits established annually by the Board of
Trustees. The currently adopted work year, salary and benefit schedule will be found in District Policy.

Evaluation:
The evaluation and assessment of performance of the Director of Certificated Human Resources and
Public Information Officer will be conducted by the Assistant Superintendent of Human Resources and
Support Services, in accordance with the provisions of California Education Code, Sections 44660-44665
and Oxnard School District Board Policy.

Equal Opportunity:
The Oxnard School Districts Governing Board is committed to equal opportunity for all individuals in
education and encourages applications for employment for all persons regardless of race, religious creed,
age, medical condition, marital status, color, ancestry/citizenship, sexual orientation, national origin,
political affiliation, physical or mental disability, pregnancy, child birth or related medical condition, or
sex (gender identity). The Board shall promote programs that ensure that discriminatory practices are
eliminated in all district activities. The Oxnard School District encourages applications for employment
from all persons regardless of race, religion, national origin, political affiliation, disability or sex.


Board Approved 11/13/13







Board Agenda Item

NAME OF CONTRIBUTOR: Jonathan Koch DATE OF MEETING: November 13, 2013

STUDY SESSION ____________
CLOSED SESSION
SECTION A: PRELIMINARY ____________
SECTION B: HEARINGS
SECTION C: CONSENT U X
SECTION D: ACTION
SECTION E: REPORTS/DISCUSSION
SECTION F: BOARD POLICIES 1
st
Reading _____ 2
nd
Reading _____

TITLE: Establish/Abolish/Increase/Reduce Hours of Position


DESCRIPTION OF AGENDA ITEM:

Establish
an eight hour, 246 day Translator, position number R02951, to be established in the English Learner Services
department. The position will be established to assist with the Mixteco translations.

a five and a half hour, 183 day Paraeducator II, position number R02952, to be established in the Pupil Services
department. The position will be established to provide support due to student increase in the SDC class.

a five and a half hour, 183 day Paraeducator II, position number R02953, to be established in the Pupil Services
department. The position will be established to provide support due to student increase in the SDC class.

a five hour and forty five minute, 183 day Paraeducator Hearing Impaired, position number R02955, to be
established at Marshall school. The position will be established to provide support for the Deaf and Hard of
Hearing class.

an eight hour, 246 day Maintenance Worker II, position number R02954, to be established in the Facilities
department. This position will be established to assist with routine maintenance and upkeep of District
schools and facilities.

Increase
a four hour, 183 day Paraeducator II Bilingual, position number R02750, to be increased to five hours in the
Pupil Services department. This position will be increased in order to support the need of the students.


FISCAL IMPACT:
Cost for Translator-$34,457.00 Categorical
Cost for 2 Paraeducator IIs-$35,354.00 Special Ed
Cost for Paraeducator Hearing Impaired-$20,558.00 Special Ed
Cost for Maintenance Worker II-$50,942.00 General Fund
Cost for Paraeducator II-$3,152.00

RECOMMENDATION:
Approve the establishment and increase of positions, as presented

ADDITIONAL MATERIAL(S): None

Board Agenda Item

NAME OF CONTRIBUTOR: Nancy Carroll/Jonathan Koch DATE OF MEETING: November 13, 2013

STUDY SESSION ____________
CLOSED SESSION
SECTION A: PRELIMINARY ____________
SECTION B: HEARINGS
SECTION C: CONSENT U X
SECTION D: ACTION
SECTION E: REPORTS/DISCUSSION
SECTION F: BOARD POLICIES 1
st
Reading _____ 2
nd
Reading _____

TITLE: Personnel Actions (Carroll/Koch)


DESCRIPTION OF AGENDA ITEM:

The attached are recommended personnel actions presented to the Board of Trustees for consideration. The
salary placement for the individuals employed will be in accordance with salary regulations of the district.
Personnel actions include: New Hires, transfers, pay changes, layoffs, recall from layoffs, resignations,
retirements, and leave of absence.













RECOMMENDATION:
Approve the Personnel Actions, as presented.



ADDITIONAL MATERIAL(S):
Classified Personnel Actions
Certificated Personnel Actions







T






November 13, 2013

CERTIFICATED PERSONNEL


Listed below are recommended certificated personnel actions presented for consideration by
the Board of Trustees. The salaries for the individuals employed will be determined in
accordance with salary regulations of the District


New Hire

Diane Carey Teacher, 2/3 SEI/ELM, Driffill October 21, 2013
Samantha Lane Teacher, 6 SEI/ELM, Chavez October 21, 2013
Mary K Oleary Psychologist, Pupil Services October 21, 2013
Adam Ramirez Teacher, 1/2 TBE, Harrington October 21, 2013

Raul Aguilera Substitute Teacher 2013/2014 School Year
Zakiya Ajanaku Substitute Teacher 2013/2014 School Year
Ana Banuelos-Finn Substitute Teacher 2013/2014 School Year
Adam Gamboa Substitute Teacher 2013/2014 School Year
Marina Grandbois Substitute Teacher 2013/2014 School Year
Ricardo Gonzales Substitute Teacher 2013/2014 School Year
Nidia Mejia Substitute Teacher 2013/2014 School Year
Lorrie Milton Substitute Teacher 2013/2014 School Year
Joseph Mora Substitute Teacher 2013/2014 School Year
Theressa Moraitis Substitute Teacher 2013/2014 School Year
Juan Navarro Substitute Teacher 2013/2014 School Year
Vivienne Ortega Substitute Teacher 2013/2014 School Year
Chelsea Quam Substitute Teacher 2013/2014 School Year
Florence Ramirez Substitute Teacher 2013/2014 School Year
Monica Rivera Substitute Teacher 2013/2014 School Year
Loveleen Sandhu Substitute Teacher 2013/2014 School Year
Eric Winter Substitute Teacher


2013/2014 School Year
Intervention Services
Provider (less than 20 hours
per week not to exceed 75%
or 135 days a year


Jacqueline Fiss Kamala October 16, 2013
Michaela Gerber Rose Avenue November 4, 2013
Jennifer Huynh McAuliffe October 21, 2013
Lawrence Libman Curren October 7, 2013
Carole Puls-Gonzales McKinna October 21, 2013
Danielle Ramey Kamala November 5, 2013


Retirement


Diane Villegas Director, ELS, (Revised date) December 31, 2013



November 13, 2013

Transfer

David Llanes Teacher, 6 SEI/ELM, McKinna October 17, 2013

Leave of Absence

Michael Stalvey Teacher, Grade 3, Elm August 1, 2014 - August 1, 2015


Page 1 November 13, 2013
CLASSIFIED PERSONNEL ACTIONS

New Hire
Dahm, Amy School Office Manager, Position #R00429 10/21/2013
McAuliffe 8.0 hrs./210 days
Grande, Carmen Office Assistant II (B), Position #R01818 9/30/2013
Ramona 5.0 hrs./203 days
Gravel, Tricia Paraeducator Hearing Impaired, Position #R02891 10/16/2013
Pupil Services-McKinna 5.75 hrs./183 days
Nelson, Francine Ann Health Care Technician, Position #R02943 10/16/2013
Pupil Services 7.0 hrs./183 days
Paz, Lorena Office Assistant II (B), Position #R02909 10/22/2013
Ed. Services/NfL 4.0 hrs./203 days
Pisors, Dani Paraeducator II, Position #R02235 10/21/2013
Fremont 5.0 hrs./183 days
Ramirez, Adrian Computer Lab Technician, Position #R02512 10/14/2013
Ritchen 8.0 hrs./192 days
Robite, Ma. Odezza Office Assistant II, Position #R02872 10/21/2013
Frank 2.5 hrs./192 days
Robite, Ma. Odezza Office Assistant II, Position #R00026 10/21/2013
Fremont 2.0 hrs./192 days

Limited Term
Acevedo, Lorena Paraeducator 10/28/2013
Alvarez, Rosa Paraeducator 10/7/2013
Balderas, Marisol Paraeducator 10/11/2013
Bedolla, Guadalupe Paraeducator 10/25/2013
Buckley, Jennifer Paraeducator 10/17/2013
Calderon Sanchez, Nancy Paraeducator 10/28/2013
Canizalez, Usbaldo Paraeducator 10/14/2013
Corona, Martha Patricia Paraeducator 10/29/2013
Delgado, Virginia Paraeducator 10/21/2013
Marron, Cesar Paraeducator 10/22/2013
Medina, Eder Paraeducator 10/16/2013
Ramirez, Karmin Paraeducator 10/14/2013
Tirado, Daniel Paraeducator 10/15/2013
Torres Samano, Isidro Paraeducator 10/11/2013

Promotion
Romero, Adriana School Office Manager (B), Position #R00734 10/21/2013
Lemonwood 8.0 hrs./210 days
Facilities Technician (B), Position #R00005
Facilities 8.0 hrs./246 days
Romero, Antonio Lead Custodian, Position #R01029 11/4/2013
Driffill 8.0 hrs./246 days
Custodian, Position #R00304
Harrington 8.0 hrs./246 days

Increase in Hours
Banales, Lizbeth Paraeducator II (B), Position #R02750 10/21/2013
Pupil Services 5.0 hrs./183 days
Paraeducator II (B), Position #R02750
Pupil Services 4.0 hrs./183 days
Sanchez, Rosa Child Nutrition Coordinator, Position #R02392 10/21/2013
Soria 7.0 hrs./189 days
Child Nutrition Coordinator, Position #R02392
Soria 6.5 hrs./189 days



Page 2

Transfer
Bravo, Ramona Child Nutrition Worker, Position #R01583 10/23/2013
Fremont 4.5 hrs./185 days
Child Nutrition Worker, Position #R02054
Fremont 4.0 hrs./185 days
Escartin, Mireya Paraeducator II (B), Position #R02060 10/21/2013
Haydock 5.5 hrs./183 days
Paraeducator II, Position #R02760
Haydock 5.75 hrs./183 days
Gaytan, Blanca Office Assistant III (B), Position #R01808 10/28/2013
Ed. Services/NfL 8.0 hrs./246 days
Intermediate School Secretary (B), Position #R00921
Frank 8.0 hrs./192 days
Loyola, Romeo Custodian, Position #R02398 11/18/2013
Soria 8.0 hrs./246 days
Custodian, Position #R01584
Driffill 8.0 hrs./246 days
Torres de Morales, Sanjuana Preschool Assistant, Position #R02577 11/11/2013
Ed. Services/Curren 3.0 hrs./183 days
Preschool Assistant, Position #R02582
NfL/San Miguel 3.0 hrs./183 days

Return from Unpaid Leave of
Absence

Cater, Taylor Library Media Technician, Position #R02517 11/21/2013

Unpaid Leave of Absence
Hartman, Christina Library Media Technician, Position #R02526 2/18/2013-6/15/2014

Resignation
Eichner, Denise Child Nutrition Worker, Position #R02189 10/18/2013

Retirement
Ramos, Clara
Migrant Education Specialist, Position #R00862 12/29/2013
Reyes, Julia
Accountant/Internal Auditor, Position #R01419 12/30/2013

BOARD AGENDA ITEM

Name of Contributor(s): Cline/Gutierrez/CFW Date of Meeting: 11/13/13

STUDY SESSION _____
CLOSED SESSION _____
SECTION B:HEARINGS _____
SECTION C:CONSENT AGENDA _____
SECTION D:ACTION __X__
SECTION E:REPORTS/DISCUSSION _____
SECTION F:BOARD POLICIES 1
st
Reading _____ 2
nd
Reading _____

Consider Prequalification of Professional Services Consultants for the Measure R
Facilities Program and approval of Master Agreements with prequalified firms;
Professional services consist of Project Survey, Geotechnical Engineering, Project
DSA Inspector of Record, Materials Testing & Special Inspections, Hazardous
Materials Survey & Testing, and CEQA/DTSC Compliance. (Cline/Gutierrez/CFW)
The Districts Measure R Facilities Program is well underway. Eight modernization
projects for science labs and kindergarten classrooms are pending DSA approval. The
Districts prequalified architects are preparing design documents for the reconstruction of
three schools, Lemonwood, Harrington, and Elm.
The District must retain certain professional service consultants to perform services related
to the design and construction of new school projects and modernizations. These services
include:
1. Surveying
2. Geotechnical Engineering
3. Project DSA Inspection (I.O.R.)
4. Materials Testing & Special Inspections
5. Asbestos, Lead, and Hazardous Materials Survey & Testing
6. CEQA/DTSC Compliance
The District issued a Request of Qualifications (RFQ) For Professional Services Consulting
Firms to prequalify firms. CFW has recommended that the District prequalify three to four
competent firms that can be called on to perform these services when needed. Each firm
would be retained under a Master Agreement for these services.
The Master Agreement with each firm includes specific contract terms but does not award
a contract value. Specific project assignments will be specified in a subsequent Work
Authorization Letter. The Work Authorization Letter process and form can be found in
Exhibit A of each Master Agreement.
The RFQ was released publicly on Tuesday September 3, 2013 by posting to the Districts
website. The RFQ was targeted via email to more than thirty-five (35) consulting firms on
September 4, 2013. It was also publicly posted in newsprint once a week for two weeks
beginning September 6, 2013. All RFQ responses were due no later than 5:00pm PDT on
September 16, 2013.
At close of business on September 16, 2013 a total of fifty-four (54) proposals from forty-
one (41) consulting firms had been received, with between 5 and 12 proposals received for




each discipline. CFW and District staff closely reviewed each of the proposals based on a
pre-determined and objective set of criteria. Each firm was first given a pass/fail on certain
pre-requisite requirements, and then ranked in order of best performance on the remaining
criteria.
In order to ensure a transparent, fair, and fully inclusive process, the District extended the
response period to October 9, 2013.
The following criteria were prerequisite items:
1. S.O.Q. submittal complied with formatting requirements (within page limits,
complete responses to each required item, digital copy provided as single PDF file
prior to deadline, etc)
2. S.O.Q. demonstrated compliance with insurance requirements (all required
insurance types and coverages provided, insurance certificate demonstrating
coverages included)
The remaining criteria were ranked by evaluators, from (1) being the best performance, to
the total number of proposals received for a given discipline:
1. Litigation History (firms history with litigation involving school districts)
2. Standard Hourly Rate (typical fees and rates from firms master fee schedule)
3. Ability to Meet Deliverable Timelines (firms ability to comply with required
timelines for final deliverables stated in RFQ)
4. Rapid Response Capabilities (firms proximity to District, and capacity to mobilize
on short notice with expedited deliverable timelines)
5. DSA Project Experience (number of years of DSA project experience, and number
of projects completed)
6. Size of Firm (number of employees at firm, three categories were 1) under 10
employees, 2) 10 20 employees, 3) over 20 employees)
7. Prior Work With Oxnard School District (past project history within the Oxnard
School District, number of projects listed)
8. Nearest Office Location (Location of nearest office, local firms given preference)
The average of all individual criteria rankings determined the firms overall ranking by each
evaluator, with the lowest ranking representing the best performance. The three firms with
the lowest rankings have been recommended to be prequalified by the Board of Trustees
to provide professional services for their respective discipline. The recommendations have
been reviewed and approved by the Executive Director of Facilities Planning, Engineering,
and Operations.
Recommended firms are listed below by each respective discipline:
Project Land Surveying
The District received five (5) proposals from professional Land Surveying firms. The firms
included:

J ensen Design & Survey,
MNS Engineering,
Wagner Engineering & Survey, (resubmitted)




WM Surveys, and (resubmitted)
Penfield & Smith. (resubmitted)

The following three (3) firms are recommended for prequalification:
Jensen Design & Survey, Inc. - (Ventura, CA)
MNS Engineers, Inc. - (Westlake Village, CA)
Wagner Engineering & Survey, Inc. - (Northridge, CA)

Project Geotechnical Engineering
The District received ten (10) proposals from professional Geotechnical Engineering firms.
The firms included:

Ninyo & Moore,
CHJ Consultants,
CTE, (resubmitted)
Gorian & Associates,
Wagner Engineering & Survey
(Subbed to Shannon & Wilson
Wagner withdrew, Shannon &
Wilson resubmitted complete
proposal),

Geocon West, (resubmitted)
Koury Engineering & Testing, Inc.,
Geo Advantec,
Earth Systems, and
Converse Consultants.
(resubmitted)

The following three (3) firms are recommended for prequalification:
Earth Systems Southern California - (Ventura, CA)
Koury Engineering & Testing, Inc. - (Gardena, CA)
Construction Testing and Engineering, inc. - (Oxnard, CA)

Project DSA Inspection (I.O.R.)
The District received eleven (12) proposals from professional Project DSA Inspection
(I.O.R.) firms. The firms included:

1. TYR
2. NOLTE Vertical Five (NV5/BTC)
3. The G Crew (TGC) (resubmitted)
4. Knowland Inspection (resubmitted)
5. Blue Coast Consulting
6. American Engineering Laboratories
(AEL)
7. AIM|CS (resubmitted)
8. Premier Inspection (resubmitted)
9. AJ W Inspection (resubmitted)
10. Sandy Pringle Associates
(resubmitted)
11. Kenco
12. Stephen Payte

The following three (3) firms are recommended for prequalification:
NOLTE Vertical Five [NV5/BTC Labs] - (Ventura, CA)
Knowland Construction Services, Inc. - (Ventura, CA)
Kenco Construction Services, Inc. - (Ventura, CA)





Project Materials Testing & Special Inspection Laboratory
The District received eleven (11) proposals from professional Materials Testing & Special
Inspection Laboratory firms. The firms included:

Geocon West (resubmitted)
Koury Engineering & Testing, Inc.
Earth Systems
Converse Consultants (resubmitted)
Ninyo & Moore
Wagner Engineering & Survey
(Subbed to Twining Withdrew
submission)
CHJ Consultants
NOLTE Vertical Five (NV5/BTC)
Twining
Smith Emery
CTE (resubmitted)

The following three (3) firms are recommended for prequalification:
NOLTE Vertical Five [NV5/BTC Labs] (Ventura, CA)
Earth Systems Southern California (Ventura, CA)
Koury Engineering & Testing, Inc. (Gardena, CA)


Project Asbestos, Lead, and Hazardous Materials Survey & Testing
The District received twelve (12) proposals from professional Asbestos, Lead, and
Hazardous Materials Survey & Testing firms. The firms included:

Geocon West (resubmitted)
Pacific Environmental
Cardno ATC
ENCORP
Patriot Laboratories (resubmitted)
Converse Consultants
(resubmitted)
Ninyo & Moore
ACC Environmental
Citadel Environmental
Criterion (resubmitted)
Wagner Engineering & Survey
(Subbed to Citadel Withdrew
submission)
EORM (resubmitted)

The following three (3) firms are recommended for prequalification:
Cardno ATC (Ventura, CA)
ENCORP (La Mirada, CA)
EORM (Oxnard, CA)

Project CEQA/DTSC Compliance Specialist
The District received six (6) proposals from professional CEQA/DTSC Compliance
Specialist firms. The firms included:

Rincon Consultants
Ultra Systems
Wagner Engineering & Survey
(Subbed to Rincon Consultants
Withdrew submission)
Tetra Tech (resubmitted)




LSA Associates The Planning Center (resubmitted)
The following three (3) firms are recommended for prequalification:
Rincon Consultants, Inc. (Ventura, CA)
Tetra Tech, Inc. (Santa Barbara, CA)
LSA Associates, Inc. (San Luis Obispo, CA)

Multiple Disciplines
The following firms, based on the above information, are recommended to be pre-
qualified for multiple disciplines:

Earth Systems Southern California (1) Geotechnical Engineering, (2) Materials
Testing
Koury Engineering & Testing, Inc. (1) Geotechnical Engineering, (2) Materials
Testing
NOLTE Vertical Five [NV5/BTC Labs] (1) Project DSA Inspection, (2) Materials
Testing

Local Participation
The prequalification process resulted in a 60% local participation rate. Nine (9) out of
fifteen (15) firms to be prequalified are located in the Ventura County area.

FISCAL IMPACT:
No fiscal impact. Any financial commitments to prequalified firms will be identified in
subsequent Work Authorization Letters which will be submitted at a later time.

The professional services required by State Law, regulation, or rule when undertaking
school facility construction or modernization has been budgeted for under each
respective project budget. Funds from Measure R will fund these activities. No
expenditures are contemplated by this Board action; however, each Work Authorization
Letter will identify a scope of services, product, and cost to be funded by Measure R.

RECOMMENDATION:
It is the recommendation of the Assistant Superintendent of Business and Fiscal
Services and the Executive Director of Facilities Planning, Engineering, & Operations, in
conjunction with Caldwell Flores Winters, that the Board of Trustees approve the
recommended prequalification of professional services consulting firms for Oxnard
School District Measure R Facilities Program, and approve the enclosed Master
Agreements for Consultant Services for each approved prequalified consulting firm.





ADDITIONAL MATERIAL(S):
Master Agreements for Geotechnical Engineering, Materials Testing & Special
Inspection Consultant Services:
Agreement #13-122 with Earth Systems Southern California
Agreement #13-123 with Koury Engineering & Testing, Inc.
Agreement #13-124 with Construction Testing & Engineering, Inc. (Geotechnical
Engineering Only)
Agreement #13-154 with BTC Labs Vertical Five (Materials Testing & Special
Inspections Only)
Master Agreements for Project Surveying Consultant Services:
Agreement #13-125 with J ensen Design & Survey, Inc.
Agreement #13-126 with MNS Engineers, Inc.
Agreement #13-127 with Wagner Engineering & Survey, Inc.
Master Agreements for Project DSA Inspector of Record Consultant Services:
Agreement #13-128 with Kenco Construction Services, Inc.
Agreement #13-129 with Knowland Construction Services, Inc.
Agreement #13-130 with NOLTE Vertical Five (NV5)
Master Agreements for CEQA/DTSC Compliance Consultant Services:
Agreement #13-131 with Rincon Consultants, Inc.
Agreement #13-132 with Tetra Tech, Inc.
Agreement #13-133 with LSA Associates, Inc.
Master Agreements for Hazardous Materials Survey & Testing Consultant
Services:
Agreement #13-134 with EORM
Agreement #13-135 with Cardno ATC
Agreement #13-136 with ENCORP

GOALS:

GOAL FIVE:
Adopt and Implement a Comprehensive Facilities Program that Improves Student
Performance, Maximizes State Funding Opportunities and Reduces Overcrowding at
Existing School Sites

Agreement #13-122
OXNARD SCHOOL DISTRICT
AGREEMENT FOR CONSULTANT SERVICES
(MASTER AGREEMENT GEOTECHNICAL ENGINEERING, MATERIALS TESTING, AND
SPECIAL INSPECTIONS)

This Agreement for Consultant Services (Agreement) is entered into as of this 13
th
day of November,
2013 by and between the Oxnard School District (District), with offices located at 1051 South A Street, Oxnard,
CA 93030, and Earth Systems Southern California (Consultant) with a business address at 1731-A Walter
Street, Ventura, CA 93003. District and Consultant are sometimes hereinafter individually referred to as Party
and hereinafter collectively referred to as the Parties.
RECITALS
A. District is authorized by California Government Code Section 53060, and Board Policy 4368, to
contract with independent contractors for the furnishing of services concerning financial, economic, accounting,
engineering, legal, administrative and other matters. District has sought, by issuance of a Request for
Qualifications, the performance of certain services, with the precise scope of work to be specified at the time of
assignment of work.
B. Following submission of a Statement of Qualifications for the performance of services, Consultant
was prequalified by District to perform services on behalf of District that may be assigned, or not assigned, at the
Districts sole discretion.
C. The Parties desire to formalize the prequalification of Consultant for performance of services and
desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and
contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties
agree as follows:
1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all exhibits attached to this
Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein.
2. Master Agreement. This Agreement sets forth the basic terms and conditions between District and
Consultant. It may be supplemented from time to time with an individual Work Authorization Letter
(WAL) which shall be considered an amendment to this Agreement, and which shall be subject to all
the terms and conditions of this Agreement, and any further terms and conditions as set forth in the
WAL.
3. Scope of Services. The scope of Services to be assigned to Consultant pursuant to a WAL is further
defined in Exhibit F Scope of Services, wherein the general responsibilities of Consultant are
described pursuant to the discipline(s) for which the Consultant has been deemed prequalified by
District as described in this Agreement.
4. Agreement, Scope of Work, and Assignment of Projects. District may, from time to time, and at the
sole discretion of District, assign to Consultant specific services to be performed by Consultant (the
Services) pursuant to a WAL. The WAL assignment procedure and associated forms are set forth in
Exhibit A, which is attached hereto. This Agreement, together with the WAL, sets forth the terms and
ND#4819-2103-6308 Consultant Services Agreement 2
conditions pursuant to which Consultant will perform such Services on behalf of District. The WAL
shall particularize and describe, among other things, such project(s) for which Consultant is to perform
Services, such Services to be performed by Consultant at such project(s), the timeline for the
performance of such Services, and the compensation to be paid to Consultant for the performance of
such Services.
5. Term of Agreement. Subject to earlier termination as provided below, this Agreement shall remain in
effect from November 13, 2013 through November 12, 2018 (the Term). This Agreement may be
extended only by amendment, signed by the Parties, prior to the expiration of the Term. Such
agreement for extension shall be based upon the showing of good and sufficient cause by Consultant
that such extension(s) shall be granted. District shall not be obligated to compensate Consultant for
any additional costs if such an extension has been granted to this Agreement. Any provision for
additional compensation shall be accommodated via the WAL process as indicated in Exhibit A.
6. Time for Performance. The scope of the Services set forth in the WAL shall be completed during the
Term pursuant to the schedule specified in the WAL. If Services indicated in the WAL cannot be
completed within the schedule set forth in the WAL, or if the schedule exceeds the Term of this
Agreement, it is the responsibility of Consultant to notify District at least ninety (90) days prior to the
expiration of either, with a request for a time extension clearly identifying the cause(s) for the failure to
complete the Services within the schedule and/or the Term. Should Consultant fail to provide such
notice, and/or the Services not be completed pursuant to that schedule or within the Term, Consultant
shall be deemed to be in Default as provided below. District, in its sole discretion, may choose not to
enforce the Default provisions of this Agreement and may instead allow Consultant to continue
performing the Services.
7. Additional Services. Additional Services are services in addition to the Services set forth in the WAL
that are provided by Consultant pursuant to a written request by District. Additional Services will
require a written request or pre-authorization in writing by District following specific approval of such
services by the District Board of Trustees. It is understood and agreed that Consultant shall not
perform any Additional Services unless and until Consultant receives specific written approval for such
Additional Services from the District Board of Trustees. Any modification of the compensation to be
paid to Consultant as a result of Additional Services must be specifically approved in writing by the
District Board of Trustees. In the event that the District Board of Trustees approves in writing a
modification of the compensation, then Consultant shall be paid for such Additional Services pursuant
to Section 8, below. However, it is understood and agreed that if the cause of the Additional Services
is the sole or partial responsibility of Consultant, its agents, or any subconsultants or other parties under
the charge of Consultant, no additional compensation shall be paid to Consultant. If such conditions
exist so as to justify Additional Services as indicated above, which require additional compensation or
time in order to be performed, it is the sole responsibility of Consultant to submit a request for
Additional Services within ten (10) days of Consultants discovery of such conditions which require
Additional Services. It is understood and agreed that if Consultant performs any services that it claims
are Additional Services without receiving prior written approval from the District Board of Trustees,
Consultant shall not be paid for such claimed Additional Services.
8. Compensation and Method of Payment. This Agreement does not guarantee that District will issue a
WAL to Consultant nor does this Agreement guarantee any compensation to Consultant. This
Agreement does not create any obligation on the part of District to compensate Consultant absent a
WAL indicating compensation due to Consultant once Services are performed. Specific compensation
and payment amounts, including approved reimbursable expenses, shall be set forth in the WAL.
However, it is understood and agreed that the compensation to be paid to Consultant shall not be in
excess of or exceed the rates set forth in Exhibit B Compensation.
ND#4819-2103-6308 Consultant Services Agreement 3
a. Each month Consultant shall furnish to District an original invoice for all work performed and
expenses incurred during the preceding month for Services performed pursuant to a WAL. The invoice
shall clearly indicate the assigned project, the approved WAL, and shall detail charges by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts.
Sub-consultant charges, if any, shall be detailed by the following categories: labor, travel, materials,
equipment and supplies. District shall independently review each invoice submitted by Consultant to
determine whether the work performed and expenses incurred are in compliance with the provisions of
this Agreement and the WAL. In the event that no charges or expenses are disputed, the invoice shall
be approved and paid according to the terms set forth in subsection b. In the event any charges or
expenses are disputed by District, the original invoice shall be returned by District to Consultant for
correction and resubmission.
b. Except as to any charges for work performed or expenses incurred by Consultant which are
disputed by District, District will use its best efforts to cause Consultant to be paid within forty-five
(45) days of receipt of Consultants correct and undisputed invoice.
c. Payment to Consultant for work performed pursuant to this Agreement and a WAL shall not be
deemed to waive any defects in work performed by Consultant.
9. Responsibilities of Consultant:
a. Consultant shall perform all Services as indicated in this Agreement and the WAL to the
satisfaction of District.
b. The specific Services of Consultant to be performed shall be indicated in the WAL.
c. Consultant hereby represents and warrants that (a) it is an experienced consultant in the
discipline(s) identified in Exhibit F, having the skill and the legal and professional ability and the
flexibility necessary to perform all of the Services required under this Agreement; (b) it has the
capabilities and resources necessary to perform its obligations hereunder; (c) it is familiar with all
current laws, rules, regulations and other restrictions which are and may become applicable to the
scope of Services under this Agreement, including but not limited to all local ordinances, building
codes, and requirements of all Authorities Having J urisdiction (AHJ ) including but not limited to the
Division of State Architect (DSA), the Office of Public School Construction (OPSC), the State
Facilities Planning Division (SFPD), California Department of Education (CDE), the California
Department of General Services (DGS), the Department of Toxic Substances Control (DTSC), the
California Environmental Quality Act (CEQA), Title 24 of the California Code of Regulations, the
California Education Code, State and Local Fire Authorities, air quality districts, water quality and
control boards, and any/all other AHJ ; (d) that it will assume full responsibility for all Services
performed and all work prepared and furnished to District by its employees, agents, and subconsultants;
(e) that it has sufficient financial strength and resources to undertake and complete the Services
provided for under this Agreement within the schedule set forth in the WAL; and (f) that it certifies and
covenants that all reports, certifications, studies, analyses, and other documents prepared by Consultant
shall be prepared in accordance with all applicable laws, rules, regulations, and other requirements in
effect at the time of their preparation, or required at their time of submittal to District and or agencies.
d. Consultant shall follow accepted industry standards and practices and comply with all federal,
state, and local laws and ordinances applicable to the Services required by this Agreement and the
WAL.
10. Responsibilities of District.
ND#4819-2103-6308 Consultant Services Agreement 4
a. District will prepare and furnish to Consultant upon Consultants request, such information as is
reasonably necessary to the performance of the Services required under this Agreement and the WAL.
Consultant understands that all information provided to Consultant remains the property of District and
shall only be removed from Districts possession/premises and/or be photocopied, reproduced,
distributed, or otherwise made available to others if such activities are expressly approved in writing by
District and/or the Program Manager. Failure to comply with the above requirements shall be
reasonable cause for termination of this Agreement, and may subject Consultant to liability for
damages to District.
b. If needed by Consultant, District shall provide information as to the requirements and educational
program for each project assigned by a WAL, including approved budget and schedule limitations.
c. District shall facilitate and coordinate cooperation amongst and between District consultants,
including but not limited to architects, construction managers, surveyors, geotechnical engineers,
inspectors, testing laboratories, hazardous materials specialists, CEQA/DTSC compliance specialists,
technology experts, and any other professional consultants District deems necessary to execute the
Facilities Implementation Program. Such coordination shall include the distribution of documentation
prepared by individual consultants which may be of service to Consultant in the course of completing
the Services.
d. District shall facilitate and coordinate cooperation amongst and between District staff and
Consultant, as required to complete the Services.
e. District shall provide for the timely approval and execution of the WALs, Additional Services
requests, invoices, and any other documentation that requires District action in order for Consultant to
complete the Services.
11. Suspension. District may, for any reason or no reason, in Districts sole discretion, suspend all or a
portion of this Agreement, the WAL, or the Services by giving ten (10) calendar days written notice of
suspension to Consultant. In the event such notice is given, Consultant shall cease immediately all
work in progress. If District suspends the Services for a period of ninety (90) consecutive calendar
days or more and, in addition, if such suspension is not caused by Consultant or the acts or omissions
of Consultant, then if the Services are resumed, Consultants compensation shall be subject to
adjustment to provide for actual direct costs and expenses incurred by Consultant as a direct result of
the suspension and resumption by District of the Services.
12. Termination. This Agreement, the WAL, or the Services may be terminated at any time by mutual
agreement of the Parties or by either Party as follows:
a. District may terminate all or a portion of this Agreement, the WAL, or the Services without cause
at any time by giving ten (10) calendar days written notice of termination to Consultant. In the event
such notice is given, Consultant shall cease immediately all work in progress; or
b. District may terminate all or a portion of this Agreement, the WAL, or the Services for cause in the
event of a Default by giving written notice pursuant to Section 15, below; or
c. Consultant may terminate this Agreement or the WAL at any time upon thirty (30) calendar days
written notice if District fails to make any undisputed payment to Consultant when due and such failure
remains uncured for forty-five (45) calendar days after written notice to District.
ND#4819-2103-6308 Consultant Services Agreement 5
13. Similar or Identical Services. In the event that this Agreement, the WAL, or any of the Services are
terminated in whole or in part as provided herein, District may procure, upon such terms and in such
manner as District may determine appropriate, services similar or identical to those terminated to
complete any unfinished Services or new services as needed by District.
14. Inspection and Final Acceptance. District acceptance of any of work or Services, whether specifically
in writing or by virtue of payment, shall not constitute a waiver of any of the provisions of this
Agreement or the WAL including, but not limited to, indemnification and insurance provisions.
15. Default. Failure of Consultant to perform any Services or comply with any provisions of this
Agreement or the WAL constitutes a Default. District may terminate all or any portion of this
Agreement, the WAL, or the Services for cause in the event of a Default. The termination shall be
effective if Consultant fails to cure such Default within thirty (30) calendar days following issuance of
written notice thereof by District, or if the cure by its nature takes longer, fails to commence such cure
within thirty (30) calendar days from the date of issuance of the notice and diligently prosecutes such
cure to the satisfaction of District. If Consultant has not cured the Default, District may hold all
invoices and may choose to proceed with payment on said invoices only after the Default is cured to
Districts satisfaction. In the alternative, District may, in its sole discretion, during the period before
Consultant has cured the Default, elect to pay any portion of outstanding invoices that corresponds to
Services satisfactorily rendered. Any failure on the part of District to give notice of Consultants
default shall not be deemed to result in a waiver of Districts legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to Districts termination rights set forth above, District shall have (i) the right to cure
Consultants Default at Consultants cost, in which case all amounts expended by District in connection
with such cure shall accrue interest from the date incurred until repaid to District by Consultant at the
rate of ten percent (10%) per annum; and (ii) all other rights and remedies available to District at law
and in equity, including, without limitation, an action for damages. District shall have the right to
retain unpaid earned balances to offset damages, and/or charge Consultant for all damages above and
beyond unpaid balance of WAL.
16. Ownership of Documents. All maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any Services pursuant to this Agreement or the WAL
(collectively and individually, the Documents) shall become the sole property of District and may be
used, reused or otherwise disposed of by District without the permission of Consultant. Upon
completion, expiration or termination of this Agreement or the WAL, Consultant shall turn over to
District all such Documents.
17. Use of Documents by District. If and to the extent that District utilizes for any purpose not related to
this Agreement or the WAL any Documents, Consultants guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
18. Consultants Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultants performance of Services pursuant to this Agreement or the
WAL for a minimum of four years after termination or expiration of this Agreement and the WAL, or
longer if required by law. Such records shall include at minimum a detailed record of daily
performance, staff time records, subconsultants time records, documentation of all costs incurred by
Consultant that were billed to District, and detailed records of all Consultant fees, overhead, and profit
on earned amounts.
ND#4819-2103-6308 Consultant Services Agreement 6
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled
checks, or other documents or records evidencing or relating to work, services, expenditures and
disbursements charged to District pursuant to this Agreement or the WAL for a minimum of four years,
or longer if required by law, all in accordance with generally accepted accounting principles and with
sufficient detail so as to permit an accurate evaluation of the Services provided by Consultant pursuant
to this Agreement or the WAL.
b. Any and all such records or documents shall be made available for inspection, audit and copying, at
any time during regular business hours, upon request by District or its designated representative.
Copies of such documents or records shall be provided directly to District for inspection, audit and
copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such
documents and records shall be made available at Consultants address indicated for receipt of notices
in this Agreement.
c. District has the right to acquire custody of such records by written request if Consultant decides to
dissolve or terminate its business. Consultant shall deliver or cause to be delivered all such records and
documents to District within sixty (60) days of receipt of the request.

19. Independent Contractor. Consultant is retained as an independent contractor and is not employed by
District. No employee or agent of Consultant shall become, or be considered to be, an employee of
District for any purpose. It is agreed that District is interested only in the results obtained from the
Services under this Agreement and the WAL and that Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the Services required under this
Agreement and the WAL. Consultant shall complete this Agreement and the WAL according to its
own methods of work which shall be in the exclusive charge and control of Consultant and which shall
not be subject to control or supervision by District except as to results of the Services. Consultant shall
provide all of its own supplies, equipment, facilities, materials, manpower, and any/all other resources
that may become necessary in the course of completing the Services. It is expressly understood and
agreed that Consultant and its employees shall in no event be entitled to any benefits to which District
employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation,
workers compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultants employees wages, payroll taxes, employee benefits and any
amounts due for federal and state income taxes and Social Security taxes since these taxes will not be
withheld from payments under this Agreement or the WAL.
a. The personnel performing the Services under this Agreement and the WAL on behalf of Consultant
shall at all times be under Consultants exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultants
officers, employees, or agents are in any manner officials, officers, employees or agents of District.
b. Consultant shall have no authority to bind District in any manner, or to incur any obligation, debt
or liability of any kind on behalf of or against District, whether by contract or otherwise, unless such
authority is expressly conferred in writing by District, or under this Agreement.
20. Standard of Performance. Consultant represents and warrants that it has the skill, qualifications,
experience and facilities necessary to properly perform the Services required under this Agreement and
the WAL in a thorough, competent and professional manner. Consultant represents and warrants that
its employees and subcontractors have all legally required licenses, permits, qualifications and
approvals necessary to perform the Services and that all such licenses and approvals shall be
maintained throughout the term of this Agreement and the WAL. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all Services
ND#4819-2103-6308 Consultant Services Agreement 7
described herein and the WAL. In meeting its obligations under this Agreement and the WAL,
Consultant shall employ, at a minimum, the standard of care utilized by persons engaged in providing
services similar to those required of Consultant under this Agreement and the WAL for California
school districts in or around the same geographic area of District (the Standard of Performance).
21. Confidential Information. All information gained during performance of the Services and all
Documents or other work product produced by Consultant in performance of this Agreement and the
WAL shall be considered confidential (confidential information). Consultant shall not release or
disclose any such confidential information, Documents or work product to persons or entities other
than District without prior written authorization from the Superintendent of District and/or Program
Manager, except as may be required by law. Confidential information does not include information
that: (i) Consultant had in its possession prior to considering entering into this Agreement; (ii) becomes
public knowledge through no fault of Consultant; (iii) Consultant lawfully acquires from a third party
not under an obligation of confidentiality to the disclosing party; or (iv) is independently developed by
Consultant without benefit of the information provided by District. In connection with confidential
information:
a. Consultant shall promptly notify District if it is served with any summons, complaint, subpoena or
other discovery request, court order or other request from any party regarding this Agreement or the
WAL or the Services performed hereunder or the WAL.
b. District retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to
provide District with the opportunity to review any response to discovery requests provided by
Consultant; provided that this does not imply or mean the right by District to control, direct, or rewrite
said response.
22. Conflict of Interest; Disclosure of Interest. Consultant covenants that neither it, nor any officer or
principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of District or which would in any way hinder Consultants performance of the
Services under this Agreement or the WAL. Consultant further covenants that in the performance of
this Agreement and the WAL, no person having any such interest shall be employed by it as an officer,
employee, agent or subcontractor without the express written consent of District. Consultant agrees to
at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of
District in the performance of this Agreement and the WAL.
a. Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E, as hereinafter amended or renumbered,
require that a consultant that qualifies as a designated employee must disclose certain financial
interests by filing financial interest disclosures. By its initials below, Consultant (i) represents that it
has received and reviewed a copy of the Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E and
that it [____] does [X] does not qualify as a designated employee; and (ii) agrees to notify District, in
writing, if Consultant believes that it is a designate employee and should be filing financial interest
disclosures, but has not been previously required to do so by District.
______ (Initials)
23. Compliance with Applicable Laws. In connection with the Services and its operations, Consultant
shall keep itself informed of and comply with all applicable federal, state and local laws, statutes,
codes, ordinances, regulations and rules including, but not limited to, minimum wages and/or
prohibitions against discrimination, in effect during the Term. Consultant shall obtain any and all
licenses, permits and authorizations necessary to perform the Services. Neither District, nor any
ND#4819-2103-6308 Consultant Services Agreement 8
elected or appointed boards, officers, officials, employees or agents of District shall be liable, at law or
in equity, as a result of any failure of Consultant to comply with this section.
a. Without limiting the generality of the foregoing, Consultant, unless exempted, shall comply with
the requirements of Education Code Section 45125.1 with respect to fingerprinting of employees who
may have contact with Districts pupils. Consultant must complete Districts certification form,
attached herein as Exhibit E, prior to any of Consultants employees coming into contact with any of
Districts pupils. Consultant also agrees to comply with all other operational requirements of District,
as may be revised from time to time, including but not limited to any obligations relating to vaccination
or testing for infectious diseases.
______ (Initials)
24. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of
the Federal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seq., as amended, and in
connection therewith, shall not employ unauthorized aliens as that term is defined in 8 U.S.C.A.
1324a(h)(3). Should Consultant so employ such individuals for the performance of work and/or
Services covered by this Agreement or the WAL, and should any liability or sanctions be imposed
against District for such employment, Consultant hereby agrees to and shall reimburse District for the
cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys'
fees, incurred by District.
25. Non-Discrimination. Consultant shall abide by the applicable provisions of the United States Civil
Rights Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in
any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex,
sexual orientation, age, physical handicap, medical condition or marital status in connection with or
related to the performance of this Agreement or the WAL.
26. Disabled Veteran Business Enterprise Participation. Pursuant to Education Code section 17076.11,
District has a participation goal for disabled veteran business enterprises (DVBEs) of at least three (3)
percent, per year, of funds expended each year by District on projects that use funds allocated by the
State Allocation Board pursuant to the Leroy F. Greene School Facilities Act. Unless waived in
writing by District, Consultant shall provide proof of DVBE compliance, in accordance with any
applicable policies of District or the State Allocation Board, within thirty (30) days of its execution of
this Agreement
27. Assignment. The expertise and experience of Consultant are material considerations for this
Agreement and the WAL. District has an interest in the qualifications of and capability of the persons
and entities that will fulfill the duties and obligations imposed upon Consultant under this Agreement
and the WAL. In recognition of that interest, Consultant shall not assign or transfer this Agreement or
any portion of this Agreement or any portion of the WAL or the performance of any of Consultants
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by Districts Board of Trustees. Any attempted assignment shall be ineffective,
null and void, and shall constitute a material breach of this Agreement and the WAL entitling District
to any and all remedies at law or in equity, including summary termination of this Agreement and the
WAL.
28. Subcontracting. Notwithstanding the above, Consultant may utilize subcontractors in the performance
of its duties pursuant to this Agreement and the WAL, but only with the prior written consent of
District. Consultant shall be as fully responsible to District for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by Consultants subcontractors, as
if the acts and omissions were performed by Consultant directly.
ND#4819-2103-6308 Consultant Services Agreement 9
29. District Administrator. Lisa Franz shall be in charge of administering this Agreement on behalf of
District, (the Administrator) provided that any written notice or any consent, waiver or approval of
District must be signed by the Superintendent or a designated employee of District to be valid. The
Administrator has completed Exhibit D Conflict of Interest Check attached hereto.
30. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultants staff and subcontractors consistent with the staff proposed as part of the
Statement of Qualifications, if any, assigned to perform Services under this Agreement and the WAL.
a. Consultant shall provide District and the Administrator a list of all personnel and subcontractors
providing Services and shall maintain said list current and up to date at all times during the Term. The
list shall include the following information: (1) all full or part-time staff positions by title, including
volunteer positions whose direct services are required to provide the Services; (2) a brief description of
the functions of each such position and the hours each position works each week or, for part-time
positions, each day or month, as appropriate; (3) the professional degree, if applicable, and experience
required for each position; and (4) the name of the person responsible for fulfilling the terms of this
Agreement and the WAL.
31. Indemnification. To the fullest extent permitted by law, Consultant shall defend and indemnify
District and its officials, elected board members, employees and agents (Indemnified Parties) from
and against all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, its officers, employees, consultants, subcontractors, or agents, pursuant
to this Agreement and/or the WAL, but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of any of the Indemnified Parties.
a. Consultant agrees to obtain executed indemnity agreements with provisions identical to the above
from each and every subcontractor retained or employed by Consultant in the performance of this
Agreement and the WAL. Failure of District to monitor compliance with these requirements imposes
no additional obligations on District and will in no way act as a waiver of any rights hereunder.
Consultants obligation to indemnify and defend District as set forth above is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and the
WAL.
______ (Initials)
32. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit C Insurance and made a part of this
Agreement. All insurance policies shall be subject to approval by District as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the District
Superintendent.
33. Notices. All notices required or permitted to be given under this Agreement or the WAL shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and
return receipt requested, addressed as follows:
To District: Oxnard School District
1051 South A Street
Oxnard, California, 93030
Attention: Lisa Cline
Assistant Superintendent, Business & Fiscal Services
Re: [Insert Project Name]
ND#4819-2103-6308 Consultant Services Agreement 10
With electronic copy to: Caldwell Flores Winters, Inc.
Oxnard School District Program Manager
6425 Christie Ave., Suite 270
Emeryville, California 94608
Attention: Yuri Calderon
T: 510-596-8170
Email: ycalderon@cfwinc.com
To Consultant: Earth Systems
1731-A Walter Street
Ventura, CA 93003
Attention: Paul Mooney
T: (805) 642-6727
Email: pmooney@earthsys.com
All notices, demands, or requests to be given under this Agreement or the WAL shall be given in writing
and conclusively shall be deemed received when delivered in any of the following ways: (i) on the date
delivered if delivered personally; (ii) on the date sent if sent by facsimile transmission and confirmation of
transmission is received; (iii) on the date it is accepted or rejected if sent by certified mail; and (iv) the date
it is received if sent by regular United States mail.
34. Excusable Delays. Neither Party will be liable to the other for unanticipated delays or failures in
performance resulting from causes beyond the reasonable control of that Party, including, but not
limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war,
governmental regulations, communications or utility failures, or casualties; provided that the delayed
Party: (i) gives the other Party prompt written notice of such cause; and (ii) uses its reasonable efforts
to correct such failure or delay in its performance. The delayed Party's time for performance or cure
under this section will be extended for a period equal to the duration of the cause or sixty (60) days,
whichever is less.
35. Entire Agreement; Binding Effect. This Agreement including Exhibits hereto, contains the entire
understanding of the Parties, and supersedes all other written or oral agreements. Consultant shall be
entitled to no other benefits other than those specified herein. No changes, amendments or alternations
shall be effective unless in writing and signed by both Parties and approved by Districts Board of
Trustees. Consultant specifically acknowledges that in entering into this Agreement, Consultant relied
solely upon the provisions contained in this Agreement and no others. This Agreement shall be
binding upon the heirs, executors, administrators, successors and assigns of the Parties.
36. Amendment. No changes, amendments to or modifications of this Agreement or the WAL shall be
valid, effective or binding unless made in writing and signed by both Parties and approved by the
Districts Board of Trustees. The Parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
37. Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement or the WAL shall
not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of
the provisions of this Agreement or the WAL shall not constitute a waiver of any other provision or a
waiver of any subsequent breach or violation of any provision of this Agreement or the WAL. None of
the provisions of this Agreement or the WAL shall be considered waived by either Party unless such
waiver is specifically specified in writing. Neither Districts review, approval of, nor payment for, any
of the Services required under this Agreement or the WAL shall be construed to operate as a waiver of
ND#4819-2103-6308 Consultant Services Agreement 11
any rights under this Agreement or the WAL, and Consultant shall remain liable to District in
accordance with this Agreement and the WAL for all damages to District caused by Consultants
failure to perform any of the Services to the Standard of Performance. This provision shall survive the
termination of this Agreement and the WAL.
38. Governing Law. This Agreement and the WAL shall be interpreted, construed and governed
according to the laws of the State of California. With respect to litigation involving this Agreement,
the WAL or the Services, venue in state trial courts shall lie exclusively in the County of Ventura,
California.
39. Severability. If any term, condition or covenant of this Agreement or the WAL is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement and the WAL shall not be affected thereby and the Agreement and WAL
shall be read and construed without the invalid, void or unenforceable provision(s).
40. Authority to Execute. The person or persons executing this Agreement on behalf of Consultant
represents and warrants that he/she/they has/have the authority to so execute this Agreement and to
bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, District and Consultant have executed and delivered this Agreement for
consultant services as of the date first written above.

OXNARD SCHOOL DISTRICT: EARTH SYSTEMS SOUTHERN CALIFORNIA:



Signature Signature

Lisa A. Franz, Director, Purchasing
Typed Name/Title Typed Name/Title


Date Date

Tax Identification Number: 95-6002318 Tax Identification Number:

Not Project Related
Project #13-122


ND#4819-2103-6308 Exhibit A page 1 Consultant Services Agreement

EXHIBIT A
TO AGREEMENT FOR CONSULTANT SERVICES #13-122

WORK AUTHORIZATION PROCEDURES

1. Assignment of Work Authorization
1.1. Request For Proposal (RFP): At the sole discretion of District, one or more prequalified
professional services consultants shall be solicited with a Request For Proposal (RFP) for a
specific lump sum fixed fee proposal for defined Services to be complete within a defined timeline.
For a proposal to be valid it must clearly acknowledge the complete Services requested by District
and must include a lump sum fixed fee amount to complete all defined Services, a clearly defined
schedule for completion of Services which meets the required timeline defined by District and
shows final completion to occur within the Term of this Agreement.

1.2. Evaluation of Proposal: Districts Program Manager, in consultation with District, shall review each
proposal for validity, accuracy, competitiveness, and overall quality of the Services proposed to be
performed. In the case where more than one firm is solicited for a scope of defined Services, the
Program Manager shall evaluate each proposal thoroughly based on predetermined, objective
criteria to ensure a just and fair review of all proposals.

1.3. Selection of Consultant: Following evaluation of proposals, the consultant whose proposal exhibits
the best value for the benefit of District shall be recommended to the Superintendent for approval.

1.4. Work Authorization Letter (WAL): With the approval of the District Superintendent, the Program
Manager shall issue a Work Authorization Letter (WAL) to the selected consultant to perform the
defined Services as indicated in the RFP, for the lump sum fixed fee amount reflected in the
proposal, with all Services to complete within the timeline indicated in the RFP, and the Term set
forth in this Agreement. District retains the right to negotiate all terms of the WAL subsequent to
the receipt of proposal(s) in order to clarify the scope of Services, and/or make any adjustments to
the fee amount and required schedule prior to issuance of the WAL. The WAL shall be considered
a binding agreement, and amendment to this Agreement, once executed by Consultant, approved by
the District Board of Trustees, and executed by the Superintendent.

1.5. Performance of Services Set Forth in the WAL: Performance of Services set forth in the WAL shall
not commence until final approval by the District Superintendent and Board of Trustees, unless
expressly authorized by the District Superintendent and Program Manager. During the course of
completing the Services, Consultant shall comply will all provisions of this Agreement and the
WAL. All Services set forth in the WAL shall be completed within the schedule set forth in the
WAL.

1.6. Close Out of WAL Services: Upon completion of all Services required by the WAL, Consultant
shall submit all required close-out documentation, certifications, records, reports, warranties, and
any other information required or requested by District prior to submitting Consultants invoice for
final payment.

1.7. WAL Form: See next page for sample Work Authorization Letter.
Not Project Related
Project #13-122


ND#4819-2103-6308 Exhibit A page 2 Consultant Services Agreement

Not Project Related
Project #13-122

ND#4819-2103-6308 Exhibit B page 1 Consultant Services Agreement

EXHIBIT B
TO AGREEMENT FOR CONSULTANT SERVICES #13-122
COMPENSATION & RATE/FEE SCHEDULE

I. The following rates of pay shall apply in the performance of the Services under this Agreement and the
WAL:


Not Project Related
Project #13-122

ND#4819-2103-6308 Exhibit B page 2 Consultant Services Agreement



Not Project Related
Project #13-122

ND#4819-2103-6308 Exhibit B page 3 Consultant Services Agreement


Not Project Related
Project #13-122

ND#4819-2103-6308 Exhibit B page 4 Consultant Services Agreement


Not Project Related
Project #13-122

ND#4819-2103-6308 Exhibit B page 5 Consultant Services Agreement


Not Project Related
Project #13-122

ND#4819-2103-6308 Exhibit B page 6 Consultant Services Agreement


II. Consultant may utilize subcontractors as permitted in the Agreement and the WAL. The hourly rate for
any subcontractor shall be consistent with the rate and fee schedule indicated in Section I above, unless
other direction is provided with written authorization from District Superintendent or his/her designee.

III. Claims for reimbursable expenses shall be documented by appropriate invoices and supporting receipts.
Consultant may be reimbursed for those reasonable out-of-pocket expenses set forth below that are
incurred and paid for by Consultant beyond the typical obligations under this Agreement and the WAL,
but only to the extent that such expenses are directly related to Services satisfactorily completed, are
approved by District in writing and do not cause the amounts paid to Consultant to exceed the amounts
allowed under this Agreement and the WAL. No mark-up of any expense is permitted. The following is
the EXCLUSIVE list of reimbursable expenses:

A. Travel and Mileage. Consultant must request the travel in writing and justify why the travel
should be reimbursed. Travel expenses must be approved in writing by District, in its sole discretion.
Trips from any Consultants office to Districts office or to the subject project site will not be
approved for reimbursement.

B. Reimbursable Reprographic Services. Print sets or copies requested in writing by District beyond
the quantities required under the WAL.

C. Fees for Subcontractors. Fees for subcontractors hired and paid by Consultant at the written
request of District and are permitted in the Agreement and the WAL.

D. Fees advanced for securing approval of public agencies having jurisdiction over any project
hereunder.

IV. Consultant shall provide to District a complete Schedule of Values (SOV), identifying major work
activities required to complete the authorized scope of work. All invoices must reflect the appropriate
progress percentage for each SOV item billed, to be verified by District. District will compensate
Consultant for the Services performed upon approval by District of a valid and complete invoice, in form
and substance acceptable to District. See Exhibit G for required Invoice Approval Form and Billing
Cover Sheet. The Billing Cover Sheet shall reflect the approved SOV. In connection with Services that
are only partially completed at the time an invoice is paid, notwithstanding any provision of the
Agreement, the WAL, or any other document, payment of the invoice does not constitute acceptance of
the partially completed work or Service. Each invoice is to include:

A. Billing Cover Sheet/SOV with all appropriate progress percentages identified toward completion of the
Services.
B. Acceptable back-up for billings shall include, but not be limited to:
a. Records for all personnel describing the work performed, the number of hours worked, and the
hourly rate, for all time charged to the Services.
b. Records for all supplies, materials and equipment properly charged to the Services.
c. Records for all travel pre-approved by District and properly charged to the Services.
d. Records for all subcontractor labor, supplies, equipment, materials, and travel properly charged
to the Services.

Unless otherwise directed by District, in writing, completed invoices are to be submitted to the attention of the
Director of Purchasing and the Assistant Superintendent, Business and Fiscal Services. To be considered complete,
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ND#4819-2103-6308 Exhibit B page 7 Consultant Services Agreement

the invoice packet shall include all back-up documentation required by District and sign-off from District staff,
Program Manager or project manager assigned by District to supervise the Services.

V. The total compensation for the Services shall be provided for in the WAL(s) issued subsequent to this
Agreement.

VI. Compensation Upon Termination. In the event that District suspends or terminates this Agreement, the
WAL or any of the Services pursuant to Section 11 or Section 12a of the Agreement, District will pay
Consultant as provided herein and the WAL for all Services and authorized Additional Work actually
performed, and all authorized reimbursable expenses actually incurred and paid, under and in accordance with
this Agreement and the WAL, up to and including the date of suspension or termination; provided that such
payments shall not exceed the amounts specified in the Agreement and the WAL as compensation for the
Services completed, plus any authorized Additional Work and authorized reimbursable expenses completed
prior to suspension or termination. No payment for demobilization shall be paid unless District at its sole
discretion determines that demobilization or other compensation is appropriate. After a notice of termination is
given, Consultant shall submit to District a final claim for payment, in the form and with certifications
prescribed by District. Such claim shall be submitted promptly, but in no event later than forty (40) calendar
days after the Termination Date specified on the notice of termination. Such payment shall be Consultants
sole and exclusive compensation and District shall have no liability to Consultant for any other compensation
or damages, including without limitation, anticipated profit, prospective losses, legal fees or costs associated
with legal representation or consequential damages, of any kind.
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ND#4819-2103-6308 Exhibit C page 1 Consultant Services Agreement


EXHIBIT C
TO AGREEMENT FOR CONSULTANT SERVICES #13-122


INSURANCE

I. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to District
Superintendent or District Counsel, in full force and effect throughout the Term of this Agreement and the WAL,
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, subcontractors, representatives and/or employees.
Insurance is to be placed with insurers authorized to conduct business in the State of California and with a current
A.M. Best's rating of no less than A, as rated by the current edition of Bests Key Rating Guide, published by A.M.
Best Company, Oldwick, New J ersey 08858. Consultant shall provide the following scope and limits of insurance:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability coverage of not less than two million dollars ($2,000,000)
aggregate and one million dollars ($1,000,000) per occurrence.

(2) Auto liability insurance with limits of not less than one million dollars ($1,000,000).

(3) Insurance coverage should include:

1. owned, non-owned and hired vehicles;
2. blanket contractual;
3. broad form property damage;
4. products/completed operations; and
5. personal injury.

(4) Workers' Compensation insurance as required by the laws of the State of California.

(5) Abuse and Molestation coverage of not less than two million dollars ($2,000,000) per
occurrence and five million dollars ($5,000,000) aggregate.

(6) Professional liability (Errors and Omissions) insurance, including contractual liability, as
appropriate to the Consultants profession, in an amount of not less than the following:

Accountants, Attorneys, Education Consultants, $1,000,000
Nurses, Therapists

Architects $1,000,000 or $2,000,000

Physicians and Medical Corporations $5,000,000

Failure to maintain professional liability insurance is a material breach of this Agreement and the WAL and
grounds for immediate termination

II. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
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ND#4819-2103-6308 Exhibit C page 2 Consultant Services Agreement


A. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the
coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in
coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been
given to District

B. General Liability, Automobile Liability, and Abuse/Molestation Coverages.

(1) District, and its respective elected and appointed officers, officials, employees and
volunteers are to be covered as additional insureds (collectively, additional insureds) as respects the following:
liability arising out of activities and/or Services Consultant performs; products and completed operations of
Consultant; premises owned, occupied or used by Consultant; automobiles owned, leased, hired or borrowed by
Consultant, and Abuse/Molestation. The coverage shall contain no special limitations on the scope of protection
afforded to additional insureds.

(2) Each policy shall state that the coverage provided is primary and any insurance carried by
any additional insured is in excess to and non-contributory with Consultants insurance.

(3) Consultants 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.

(4) Any failure to comply with the reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to any additional insured.

III. Other Requirements. Consultant agrees to deposit with District, at or before the effective date of this
Agreement and the WAL, certificates of insurance necessary to satisfy District that the insurance provisions of this
Agreement have been complied with. District may require that Consultant furnish District with copies of original
endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. District reserves the right to inspect complete,
certified copies of all required insurance policies, at any time.

A. If any Services are performed by a subcontractor, Consultant shall furnish certificates and
endorsements from each subcontractor identical to those Consultant provides.

B. Any deductibles or self-insured retentions must be declared to and approved by District. At the
option of District, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
District or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses
and claims.

C. The procuring of any required policy or policies of insurance shall not be construed to limit
Consultants liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.


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ND#4819-2103-6308 Exhibit D page 1 Consultant Services Agreement

EXHIBIT D
TO AGREEMENT FOR CONSULTANT SERVICES #13-122
CONFLICT OF INTEREST CHECK

Bylaws of the Board 2030(C)E requires that the Superintendent or a designee make a determination, on a case by
case basis, concerning whether disclosure will be required from a consultant to comply with Districts Conflict of
Interest Code (commencing with Bylaws of the Board 2030 BB).

Consultants are required to file disclosures when, pursuant to a contract with District, Consultant will make certain
specified government decisions or will perform the same or substantially the same duties for District as a staff
person would.


The services to be performed by Consultant under the Agreement to which this Exhibit D is attached [] constitute
[X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code.
Therefore, Consultant, [] is [X] is not subject to disclosure obligations.


Date:

By:
Lisa A. Franz
Director, Purchasing


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ND#4819-2103-6308 Exhibit E page 1 Consultant Services Agreement

EXHIBIT E
TO AGREEMENT FOR CONSULTANT SERVICES #13-122

BACKGROUND CHECK AND FINGERPRINTING PROCEDURES
FOR CONTRACTORS

The successful Bidder will be required to assure that its employees, subcontractors of any tier, material
suppliers, and consultants do not have direct contact with the Districts students during the performance
of the Contract in compliance with Education Code 45125.1 and 45125.2. To assure these provisions,
the successful Bidders supervisor shall be fingerprinted, and proof of same shall be provided to the
District prior to start of on-site work. The supervisor will monitor the workers conduct while on school
grounds. In addition, the successful Bidder shall barricade the Work area to separate its workers from the
students. Costs associated with this process are the responsibility of the successful Bidder.

The Contractors construction supervisors or their unsupervised employees who will be working outside
of fenced areas during the school hours must have submitted a fingerprint identification card to the
Department of J ustice (DOJ ) and have a proof of clearance in the form of an affidavit filed in the Oxnard
School Districts Purchasing Office prior to the start of the Work.

California Education Code 45125.1 and 45125.2 require that criminal checks be completed for
contractors (Contracting Firm) who provide architectural, construction, janitorial, administrative,
landscape, transportation, food-related, or other similar services to school districts.

The undersigned does hereby certify to the Board of Trustees of the Oxnard School District as follows:

That I am a representative of the Contractor currently under contract (Contract) with the District; that I
am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on
behalf of Contractor.

Contractor certifies that it has taken the following actions with respect to the construction Project that is
the subject of the Contract:

1. Pursuant to Education Code 45125.2, Contractor has installed or will install, prior to
commencement of Work, a physical barrier at the Work Site, which will limit contact between
Contractors employees and District pupils at all times (mandatory for all Projects); AND

2. The Contractor has complied with the fingerprinting requirements of Education Code 45125.1
with respect to all Contractors employees and all of its subcontractors employees who may have contact
with District pupils in the course of providing services pursuant to the Contract, and the California
Department of J ustice has determined that none of those employees has been convicted of a felony, as that
term is defined in Education Code 45122.1. A complete and accurate list of Contractors employees and
of all its subcontractors employees who may come in contact with District pupils during the course and
scope of the Contract is attached hereto; AND/OR

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ND#4819-2103-6308 Exhibit E page 2 Consultant Services Agreement

3. Pursuant to Education Code 45125.2, Contractor certifies that all employees will be under the
continual supervision of, and monitored by, an employee of the Contractor who the California Department
of J ustice has ascertained has not been convicted of a violent or serious felony. The name and title of
each employee who will be supervising Contractors employees and its subcontractors employees is:

Name: _____________________________________

Title: ______________________________________

AND/OR

4. The Work on the Contract is at an unoccupied school site and no employee and/or subcontractor or
supplier of any tier of Contract shall come in contract with District pupils.

Contractors responsibility for background clearance extends to all of its employees, Subcontractors, and
employees of Subcontractors coming into contact with District pupils regardless of whether they are
designated as employees or acting as independent contractors of the Contractor.

Date: _________

Proper Name of Contractor: ______________________________________

Signature: _________________________

By: ______________________________________

Its: ______________________________________
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ND#4819-2103-6308 Exhibit F page 1 Consultant Services Agreement

EXHIBIT F
TO AGREEMENT FOR CONSULTANT SERVICES #13-122

SCOPE OF SERVICES GEOTECHNICAL ENGINEERING

The Geotechnicals Scope of Work includes, but is not limited to, the following:

Consultant shall ensure that project design documents are representative of actual soils conditions,
including bearing capacity and recommended slab and foundation designs. The geotechnical engineer
will also be required to monitor certain construction activities, as determined by the architect of record,
and to confirm that construction activities were performed satisfactorily and achieved required
compaction.

1. Borings:
a. The location and depth of the proposed borings proposed by the Consultant shall be submitted by
the Consultant for District approval. Quantity and locations of proposed borings must be adequate
to satisfy requirements of any and all state and federal agencies, laws and regulations governing
K12 construction. If the Consultant finds it necessary to change the location or depth of any of
these proposed borings, the Architect of Record shall be notified and a new location or depth shall
be agreed upon between the Architect and the Consultant.
b. If unusual conditions are encountered, including but not limited to unanticipated materials which
cannot be penetrated by standard sampling equipment, the Consultant shall immediately consult
with the Architect of Record for the Project.
c. The Consultant shall advise the Architect of Record as to any further exploration and testing
required to obtain information that the Consultant requires for a professional interpretation of
subsoil conditions at the building site and shall perform such additional work as authorized by the
Owner after consultation with the Architect of Record. The extent of exploration undertaken shall
be consistent with the scope of the Project as indicated by the information given above and by any
drawings attached hereto.
d. Unless otherwise stipulated, drilling and sampling will be performed in accordance with current
applicable ASTM (American Society of Testing and Materials) standards and other standards,
including, but not limited to ASTM standards D1586, D1587 and D2113.
e. The field logs and boring maps shall be prepared either by a Geotechnical Engineer or by an
experienced soils technician acting under the supervision of a Geotechnical Engineer. All samples
shall be preserved by the Consultant until all foundations are complete and accepted by DSA.

2. Drilling and sampling methods and protection of property:
a. The Consultant shall contact the Owner and all utility companies for information regarding buried
utilities and structures and shall take all reasonable precautions to prevent damage to property both
visible and concealed. All drilling and digging locations shall be coordinated with verified
underground utility locations to avoid damaging existing infrastructure and/or utilities. Consultant
is responsible for any and all impacts, damages, and delays caused by boring operations that
damage existing infrastructure and/or utilities. The Consultant shall reasonably restore the site to
the condition existing prior to the Consultant's entry and work. Such restoration shall include, but
not be limited to, backfilling of borings, patching of slabs and pavements, and repair of lawns and
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ND#4819-2103-6308 Exhibit F page 2 Consultant Services Agreement

plantings. Each boring should be temporarily plugged, pending additional groundwater readings.
At the completion of the groundwater readings, the borings shall be permanently plugged,
including patching of slabs and pavements.
b. Again, field logs and boring maps shall be prepared either by a Geotechnical Engineer or by an
experienced soils technician acting under the supervision of a Geotechnical Engineer. All samples
shall be preserved by the Consultant until all foundations are complete and accepted by DSA.

3. Percolation Testing:
a. The Consultant shall perform percolation testing at a minimum of three (3) locations agreed upon
between the District, Architect of Record, and Consultant.

As part of the Services, Consultant will prepare and deliver the following tangible work products to
District:

4. Reports
a. The Consultant shall prepare both draft and final reports reflecting the results of all investigation,
analysis, study and findings. The reports shall be prepared on white paper, 8 1/2 x 11 inches,
suitable for photocopying, and shall be bound in booklet form.
b. The Consultant shall prepare reports in accordance with the items listed below:
i. All data required to be recorded according to the ASTM standards or other standard test methods
employed shall be obtained, recorded in the field and referenced to boring numbers; soil shall be
classified in the field logs in accordance with applicable ASTM standards and other standards,
including, but not limited to, ASTM standard D2488. Classification for final logs shall be based
on field information, results of tests, and further inspection of samples in the laboratory by the
Geotechnical Engineer preparing the reports. The Report shall:
Include a chart illustrating the soil classification criteria and the terminology and symbols used
on the boring logs;
Identify the ASTM standards or other recognized standard sampling and test methods utilized;
and,
Provide a plot plan giving dimensioned locations, size, & depths of test borings, and
percolation testing locations.
Provide vertical sections for each boring plotted and graphically presented showing number of
borings, sampling method used, date of start and finish, surface elevations, description of soil
and thickness of each layer, depth to loss or gain of drilling fluid, hydraulic pressure required
or number of blows per foot (N value for each sample) and, where applicable, depth to wet
cave-in, depth to artesian head, groundwater elevation and time when water reading was made
and presence of gases. Note the location of strata containing organic materials, wet materials
or other inconsistencies that might affect engineering conclusions. The report shall also:
Describe the existing surface conditions and summarize the subsurface conditions, including
percolation rates and related information;
Provide appropriate subsurface profiles of rock or other bearing stratum;
Estimate potential variations in elevation and movements of subsurface water due to seasonal
influences; and,
Report all laboratory determinations of soil properties.
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ND#4819-2103-6308 Exhibit F page 3 Consultant Services Agreement

c. Disposition of Samples: After all laboratory tests have been completed, dispose of samples after
foundation installation is complete and accepted by DSA
d. Foundation Engineering Evaluation and Recommendations: The Consultant shall analyze the
information developed by investigation or otherwise available to the Consultant, including those
aspects of the subsurface conditions which may affect design and construction of proposed
structures, and shall consult with the Architect of Record on the design and engineering
requirements of the Project. Based on such analysis and consultation, the Consultant shall submit a
professional evaluation and recommendations for the necessary areas of consideration including,
but not limited to, the items listed below:
i. Foundation support of the structure and slabs, including bearing pressures, bearing elevations,
foundation design recommendations and anticipated settlement.
ii. Anticipation of, and management of, groundwater for design of structures and pavements.
iii. Lateral earth pressures for design of walls below grade, including backfill, compaction and
subdrainage, and their requirements.
iv. Soil material and compaction requirements for site fill, construction backfill, and for the support
of structures and pavements.
v. Subgrade modules for design of pavements or slabs.
vi. Temporary excavation and temporary protection, such as excavation sheeting, underpinning and
temporary dewatering systems.
vii. Stability of slopes.
viii. Seismic activity.
ix. Frost penetration depth and effect.
x. Analysis of the effect of weather or construction equipment or both on soil during construction.
xi. Analysis of soils to ascertain presence of potentially expansive, deleterious, chemically active or
corrosive materials or conditions, or presence of gas.
xii. Evaluation of depth of material requiring rock excavation and methods of removal.
e. Report Submittal and Approval: A draft report shall be submitted to the District and Architect of
Record for review and comment prior to the preparation of a final report for submittal to the
District. Thereafter, the final report shall be prepared by the Consultant and shall comply with all
requirements of those State and Federal authorities having jurisdiction over K-12 construction. The
Consultant shall evaluate and respond to all comments in a prompt and satisfactory manner. The
Geotechnical Engineering report will be submitted by the Architect of Record to the State as part of
the DSA approval process for this project.

5. Construction Phase Services
a. Respond to all RFIs generated related to the Consultants report prepared pursuant to this RFP and
perform field observation duties as required by T-24 Part1, Sections 4-211, 4-214, 4-215, 4-216
and 4-217.
b. During performance of the Services, Consultant will keep District appraised of the status of
performance by delivering the following status reports under the indicated schedule:

STATUS REPORT FOR ACTIVITY: DUE DATE
A. Work plan and schedule for completion of services NTP + 3 days
B. Confirmation of completion of boring, drilling, sampling & testing
activities
NTP + 15 days
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ND#4819-2103-6308 Exhibit F page 4 Consultant Services Agreement

C. Draft geotechnical engineering report for District review & comments NTP + 25 days
D. Final geotechnical engineering report for District approval NTP + 30 days

6. Time
The final geotechnical engineering report shall be completed and hard copies with electronic files
transmitted within 30 calendar days of the notice to proceed.

7. Accuracy Standards
Precision of the geotechnical engineering report and recommendations shall be in accordance with the
professional standard of care to be expected of professional engineers and geologists licensed to practice
within the State of California.
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ND#4819-2103-6308 Exhibit F page 5 Consultant Services Agreement

SCOPE OF SERVICES (PART 2 OF 2) Materials Testing Laboratory & Special Inspections

The Materials Testing Laboratory & Special Inspectors Scope of Work includes, but is not limited
to, the following:

Consultant shall ensure that the materials, means, and methods utilized in the field are in accordance with
DSA approved design documents and Title 24 and its referenced standards. Consultant shall be
responsible for verifying that such materials are manufactured, fabricated, assembled, and constructed in
accordance with the approved design.

1. Qualifications and Special Inspection Services:
a. The geotechnical portions of this project shall be performed under the direction of a Geotechnical
Engineer, which shall be the Geotechnical Engineer of Record for the geotechnical portions of this
project shall be performed under the direction of a Geotechnical Engineer, which shall be the
Geotechnical Engineer of Record for the project. A technician with a nuclear gauge shall perform
density and moisture testing in the field during grading, utility trench backfilling, and pavement
operations utilizing ASTM D2922, D3017, and ASTM D1556 methods. Laboratory maximum
density and optimum moisture determination shall be performed in accordance with ASTM D1557
or D698. Asphalt pavement placement and testing shall be performed in accordance with Caltrans
methods.

2. General Scope of Services:
a. Perform a site reconnaissance, review the geotechnical engineering report for the Project, review
the drawings, and prepare a transfer of geotechnical engineer of record responsibility letter.
b. Project management, consultation during construction, and preparation of daily field, foundation
excavation observation, and final grading reports.
c. Ensure that soils conditions are in conformance to soils report.
d. Foundation inspection.
e. Caisson, drilled piers or driven piles inspection.
f. As-graded soils reports.
g. Observations and testing during site clearing and mass grading.
h. Observing the foundations excavations for structures.
i. Observation and testing during backfilling of utility trenches.
j. Observation and testing during backfilling around retaining walls.
k. Observation and testing during subgrade preparation and base rock placement in asphalt paved
areas.
l. Observation and testing during asphalt concrete placement.
m. Perform the Sampling and Testing of Materials and Testing of Work-in-Place as may be required
by the DSA Testing and Inspection Listing, and as required by the DISTRICT. The Testing shall
be performed in accordance with ASTM test methods and California test methods as appropriate.
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ND#4819-2103-6308 Exhibit F page 6 Consultant Services Agreement

All Laboratory testing shall be accomplished in a DSA-certified laboratory. The required testing
and special inspection shall include, but not be limited to:
i. Soil, Aggregate & Asphalt
Maximum Dry Density
Expansion Index (ASTM D4318)
R-Value
Sand Equivalent
Sieve Analysis (ASTM C136)
Hveem Stability
Asphalt Extraction (ASTM 2172)
Hardness and Abrasion
Atterberg limits (ASTM 4318)
No. 200 Sieve Analysis (ASTM D422)
Specific Gravity C127lC128
Asphalt and Asphaltic Concrete Gradation (ASTM C136)
Asphalt and Asphaltic Concrete Specific Gravity (ASTM Dl 188)
Asphalt and Asphaltic Concrete Stability & Flow Marshall (ASTM Dl 559)
Asphalt and Asphaltic Concrete Abrasion (ASTM C131)
Asphalt and Asphaltic Concrete Unit Weight (ASTM D2726)
Asphalt Cores
3. Observation and Testing:
a. Observation and testing shall consist of visual observation of earthwork activities and taking field
density and moisture tests for the purpose of ascertaining that the work is in substantial
conformance with the contract documents. Such observation and testing shall not be relied upon
by others as acceptance of the work nor shall it be construed to relieve the contractor in any way
from the contractor's obligation and responsibilities under the construction contract. Specifically,
but without limitations, observation and testing shall not require the technician and engineer to
assume responsibilities for the means and methods of construction nor for safety on the jobsite.
Consultant's performance of its work shall not result in safety hazards on the site.
4. Concrete Mix Design Review:
a. Types of Inspection Services Provided. Inspection services shall be provided for concrete,
prestressed concrete, reinforcing steel and prestressing steel, batch plant, insulating concrete,
lightweight concrete, field sampling (slump, air entertainment, unit weight and yield tests),
concrete coring, proof testing (installed epoxy & non-shrink grout bolts) and proof testing
(installed wedge and expansion anchors).
b. Laboratory Review. The Consultant shall review the proposed concrete mixes in its laboratory for
conformance with the specifications.
c. Tests to be Performed. The Consultant shall perform the following tests:
i. Concrete Compression Tests
Concrete Cylinders (ASTM C29)
Concrete Cores (ASTM C39)
Lightweight Concrete (ASTM C495)
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ND#4819-2103-6308 Exhibit F page 7 Consultant Services Agreement

Insulating Concrete (ASTM C332)
ii. Concrete Flexural Tests
Flexural Test (ASTM C293lC78)
iii. Steel Reinforcing
Tensile (ASTM A61 5)
Bend (ASTM A61 5)
iv. Concrete Aggregate
Conformance Test (ASTM C33)
(Sieve Analysis, Deleterious Substances & Soundness)
5. Reinforcing Steel Placement:
a. Prior to the pours, the consultant shall inspect the reinforcing steel placement to determine that it
is according to plans and specifications. The consultant shall check:
i. Bars. Size and spacing of bars.
ii. Splices. Location and length of splices.
iii. Clearances. Check clearances.
iv. Cleanliness of Bars. Observe cleanliness of bars.
v. Spacing tolerances. Confirm spacing tolerances.
vi. Steel Support. Proper support of steel with ties.

5. Concrete Placement:
a. During the pours, the Consultant shall be on site continuously, as required by code, to monitor
placement. The Consultant shall:
i. Bar Displacement Determine that no bars are displaced during the pouring.
ii. Cleanliness of Steel. Observe cleanliness of steel.
iii. Placement. Determine adequacy of placement and vibratory equipment.
iv. Delivery Rate. Determine proper delivery rate of concrete and monitor batch times.
v. Correct Mix. Determine that the correct mix is being utilized.
vi. Slump. Monitor slump of each truck.
vii. Temperature. Record temperature of air and concrete.
viii. Cast Cylinders. Cast cylinders for compression tests at the specified frequency.
ix. Air Checks. Perform air checks, if required by specifications, during concrete placement.
x. Anchor Bolt/Dowel Installation. Observe anchor bolt/dowel installation operations to
determine hold depth, embedment and cleanliness, as well as materials and workmanship.
The Consultant shall inspect to determine that all dowels are installed in accordance with
contract documents and/or manufacturer's requirements.

6. Compression Testing:
a. The consultant shall transport all samples to CONSULTANT'S laboratory for compression testing
in strict accordance with ASTM requirements. The CONSULTANT shall distribute compression
test reports to the appropriate parties.
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ND#4819-2103-6308 Exhibit F page 8 Consultant Services Agreement



7. Mix Design Review:
a. Grout and Mortar Mixes. The CONSULTANT shall review the proposed grout and mortar mixes
in CONSULTANT'S laboratory for conformance with the specifications.
b. Masonry Wall Prisms. During preparation of masonry wall prisms, sampling and placing of all
masonry units, placement of reinforcement, and inspection of grout space immediately prior to
closing or cleanouts and during all grouting operations.
c. Laboratory Tests. Laboratory tests shall include:
i. Masonry Compression Tests
Mortar (UBC 21 - 16)
Grout (UBC 21 - 18lASTM GI 01 9)
Masonry Prism (ASTM E447)
Masonry Cores (ASTM C42)
Shear Tests - Masonry Cores (UBC 2405(c)4.C)
Dry Shrinkage - Masonry Units (ASTM C426)
Sample Pick-up & Delivery
ii. Steel Reinforcing
Tensile (ASTM A61 5)
Bend (ASTM A61 5)
Steel Tagging, Pick-up and Delivery
iii. Concrete Aggregate
Conformance Test (ASTM C404)
(Sieve Analysis, Deleterious Substances and Soundness)

8. Duties:
a. The consultant's duties shall include the following:
i. Review mill test certifications of block and reinforcing steel.
ii. Inspect to determine size and spacing of dowels.
iii. Inspect to determine that cleanouts are provided for high-lift grouting methods.
iv. Inspect proper lay-up of block units.
v. Inspect reinforcing steel prior to grouting.
vi. Inspect dowels, anchor bolts and inserts to make sure they are in place and properly
secured prior to grouting.
vii. Inspect to determine proper consolidation of grout.
viii. Check that curing requirements are being followed.

9. Structural Steel:
a. Inspection Services. The CONSULTANT shall provide inspection services for the following:
i. Field Welding
ii. High Strength Bolting
iii. Metal Decking
iv. Welded Stud Connectors
v. Fabrication Shop
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ND#4819-2103-6308 Exhibit F page 9 Consultant Services Agreement

b. Non-Destructive Examinations, Fabrication, Field Testing. The CONSULTANT shall provide the
following Non-Destructive Examinations (Field Testing) in strict conformance with ASTM
standards:
i. Ultrasonic Examination
ii. Magnetic Particle Examination
iii. Liquid Penetrant Examination
iv. Radiographic Examination
c. Non-Destructive Examinations, Fabrication Shop Testing. The CONSULTANT shall provide the
following Non-Destructive Examinations (Fabrication Shop Testing):
i. Ultrasonic Examination
ii. Magnetic Particle Examination
iii. Liquid Penetrant Examination
iv. Radiographic Examination
d. Laboratory Tests. Laboratory tests shall be performed on the following:
i. High strength bolts
ii. Hardness Test (ASTM A325)
iii. Tensile Strength (ASTM F606)

10. Reports
As part of the Services, Consultant will prepare and deliver the following tangible work products to
District:
a. All DSA required inspections, reporting, processes and procedures required by the DSA Testing &
Inspection Listing, and/or required by the Architect of Record.

11. Time
All DSA required reporting shall be delivered to the District concurrent with the submittal to DSA, and
pursuant to DSA required timelines. The final inspection report (DSA Form 6) shall be completed and
electronic filed within 30 calendar days of the notice of completion.

12. Accuracy Standards
Precision of the soils and materials testing and inspection reports and recommendations shall be in
accordance with the professional standard of care to be expected of professional engineers, geologists, and
inspectors licensed to practice in the State of California, and acceptable to the Architect of Record and the
Division of State Architect.
Not Project Related
Project #13-122

ND#4819-2103-6308 Exhibit G page 1 Consultant Services Agreement

EXHIBIT G
TO AGREEMENT FOR CONSULTANT SERVICES #13-122

INVOICE APPROVAL LETTER & BILLING COVER SHEET

DATE:
Project No.___: [INSERT PROJECT NAME]
Consultant: Earth Systems Southern California (Earth Systems)

Earth Systems has submitted Invoice No. _________ for review by the Districts Program Manager,
Caldwell Flores Winters, Inc. (CFW), and Assistant Superintendent, Business & Fiscal Services, Lisa
Cline.

By signing below, a representative of Earth Systems, hereby certifies that the invoice submitted is a true
and accurate reflection of the work performed to date, is an accurate representation of the percent work
completed for the phase identified in the invoice, and that the invoice submitted does not include any
charges for services that have been previously paid, or rejected by the District and/or CFW.



Earth Systems Southern California Date


The invoice has been reviewed by the following and is recommended for payment:



Caldwell Flores Winters, Inc. Date




Oxnard School District Date
Lisa Cline, Assistant Superintendent,
Business and Fiscal Services
Not Project Related
Project #13-122

ND#4819-2103-6308 Exhibit G page 2 Consultant Services Agreement



















































Not Project Related
Project #13-122

ND#4819-2103-6308 Exhibit G page 3 Consultant Services Agreement


Agreement #13-123
OXNARD SCHOOL DISTRICT
AGREEMENT FOR CONSULTANT SERVICES
(MASTER AGREEMENT GEOTECHNICAL ENGINEERING, MATERIALS TESTING, &
SPECIAL INSPECTION)

This Agreement for Consultant Services (Agreement) is entered into as of this 13
th
day of November,
2013 by and between the Oxnard School District (District), with offices located at 1051 South A Street, Oxnard,
CA 93030, and Koury Engineering & Testing, Inc. (Consultant) with a business address at 14280 Euclid Ave.,
Chino, CA 91710. District and Consultant are sometimes hereinafter individually referred to as Party and
hereinafter collectively referred to as the Parties.
RECITALS
A. District is authorized by California Government Code Section 53060, and Board Policy 4368, to
contract with independent contractors for the furnishing of services concerning financial, economic, accounting,
engineering, legal, administrative and other matters. District has sought, by issuance of a Request for
Qualifications, the performance of certain services, with the precise scope of work to be specified at the time of
assignment of work.
B. Following submission of a Statement of Qualifications for the performance of services, Consultant
was prequalified by District to perform services on behalf of District that may be assigned, or not assigned, at the
Districts sole discretion.
C. The Parties desire to formalize the prequalification of Consultant for performance of services and
desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and
contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties
agree as follows:
1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all exhibits attached to this
Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein.
2. Master Agreement. This Agreement sets forth the basic terms and conditions between District and
Consultant. It may be supplemented from time to time with an individual Work Authorization Letter
(WAL) which shall be considered an amendment to this Agreement, and which shall be subject to all
the terms and conditions of this Agreement, and any further terms and conditions as set forth in the
WAL.
3. Scope of Services. The scope of Services to be assigned to Consultant pursuant to a WAL is further
defined in Exhibit F Scope of Services, wherein the general responsibilities of Consultant are
described pursuant to the discipline(s) for which the Consultant has been deemed prequalified by
District as described in this Agreement.
4. Agreement, Scope of Work, and Assignment of Projects. District may, from time to time, and at the
sole discretion of District, assign to Consultant specific services to be performed by Consultant (the
Services) pursuant to a WAL. The WAL assignment procedure and associated forms are set forth in
Exhibit A, which is attached hereto. This Agreement, together with the WAL, sets forth the terms and
ND#4819-2103-6308 Consultant Services Agreement 2
conditions pursuant to which Consultant will perform such Services on behalf of District. The WAL
shall particularize and describe, among other things, such project(s) for which Consultant is to perform
Services, such Services to be performed by Consultant at such project(s), the timeline for the
performance of such Services, and the compensation to be paid to Consultant for the performance of
such Services.
5. Term of Agreement. Subject to earlier termination as provided below, this Agreement shall remain in
effect from November 13, 2013 through November 12, 2018 (the Term). This Agreement may be
extended only by amendment, signed by the Parties, prior to the expiration of the Term. Such
agreement for extension shall be based upon the showing of good and sufficient cause by Consultant
that such extension(s) shall be granted. District shall not be obligated to compensate Consultant for
any additional costs if such an extension has been granted to this Agreement. Any provision for
additional compensation shall be accommodated via the WAL process as indicated in Exhibit A.
6. Time for Performance. The scope of the Services set forth in the WAL shall be completed during the
Term pursuant to the schedule specified in the WAL. If Services indicated in the WAL cannot be
completed within the schedule set forth in the WAL, or if the schedule exceeds the Term of this
Agreement, it is the responsibility of Consultant to notify District at least ninety (90) days prior to the
expiration of either, with a request for a time extension clearly identifying the cause(s) for the failure to
complete the Services within the schedule and/or the Term. Should Consultant fail to provide such
notice, and/or the Services not be completed pursuant to that schedule or within the Term, Consultant
shall be deemed to be in Default as provided below. District, in its sole discretion, may choose not to
enforce the Default provisions of this Agreement and may instead allow Consultant to continue
performing the Services.
7. Additional Services. Additional Services are services in addition to the Services set forth in the WAL
that are provided by Consultant pursuant to a written request by District. Additional Services will
require a written request or pre-authorization in writing by District following specific approval of such
services by the District Board of Trustees. It is understood and agreed that Consultant shall not
perform any Additional Services unless and until Consultant receives specific written approval for such
Additional Services from the District Board of Trustees. Any modification of the compensation to be
paid to Consultant as a result of Additional Services must be specifically approved in writing by the
District Board of Trustees. In the event that the District Board of Trustees approves in writing a
modification of the compensation, then Consultant shall be paid for such Additional Services pursuant
to Section 8, below. However, it is understood and agreed that if the cause of the Additional Services
is the sole or partial responsibility of Consultant, its agents, or any subconsultants or other parties under
the charge of Consultant, no additional compensation shall be paid to Consultant. If such conditions
exist so as to justify Additional Services as indicated above, which require additional compensation or
time in order to be performed, it is the sole responsibility of Consultant to submit a request for
Additional Services within ten (10) days of Consultants discovery of such conditions which require
Additional Services. It is understood and agreed that if Consultant performs any services that it claims
are Additional Services without receiving prior written approval from the District Board of Trustees,
Consultant shall not be paid for such claimed Additional Services.
8. Compensation and Method of Payment. This Agreement does not guarantee that District will issue a
WAL to Consultant nor does this Agreement guarantee any compensation to Consultant. This
Agreement does not create any obligation on the part of District to compensate Consultant absent a
WAL indicating compensation due to Consultant once Services are performed. Specific compensation
and payment amounts, including approved reimbursable expenses, shall be set forth in the WAL.
However, it is understood and agreed that the compensation to be paid to Consultant shall not be in
excess of or exceed the rates set forth in Exhibit B Compensation.
ND#4819-2103-6308 Consultant Services Agreement 3
a. Each month Consultant shall furnish to District an original invoice for all work performed and
expenses incurred during the preceding month for Services performed pursuant to a WAL. The invoice
shall clearly indicate the assigned project, the approved WAL, and shall detail charges by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts.
Sub-consultant charges, if any, shall be detailed by the following categories: labor, travel, materials,
equipment and supplies. District shall independently review each invoice submitted by Consultant to
determine whether the work performed and expenses incurred are in compliance with the provisions of
this Agreement and the WAL. In the event that no charges or expenses are disputed, the invoice shall
be approved and paid according to the terms set forth in subsection b. In the event any charges or
expenses are disputed by District, the original invoice shall be returned by District to Consultant for
correction and resubmission.
b. Except as to any charges for work performed or expenses incurred by Consultant which are
disputed by District, District will use its best efforts to cause Consultant to be paid within forty-five
(45) days of receipt of Consultants correct and undisputed invoice.
c. Payment to Consultant for work performed pursuant to this Agreement and a WAL shall not be
deemed to waive any defects in work performed by Consultant.
9. Responsibilities of Consultant:
a. Consultant shall perform all Services as indicated in this Agreement and the WAL to the
satisfaction of District.
b. The specific Services of Consultant to be performed shall be indicated in the WAL.
c. Consultant hereby represents and warrants that (a) it is an experienced consultant in the
discipline(s) identified in Exhibit F, having the skill and the legal and professional ability and the
flexibility necessary to perform all of the Services required under this Agreement; (b) it has the
capabilities and resources necessary to perform its obligations hereunder; (c) it is familiar with all
current laws, rules, regulations and other restrictions which are and may become applicable to the
scope of Services under this Agreement, including but not limited to all local ordinances, building
codes, and requirements of all Authorities Having J urisdiction (AHJ ) including but not limited to the
Division of State Architect (DSA), the Office of Public School Construction (OPSC), the State
Facilities Planning Division (SFPD), California Department of Education (CDE), the California
Department of General Services (DGS), the Department of Toxic Substances Control (DTSC), the
California Environmental Quality Act (CEQA), Title 24 of the California Code of Regulations, the
California Education Code, State and Local Fire Authorities, air quality districts, water quality and
control boards, and any/all other AHJ ; (d) that it will assume full responsibility for all Services
performed and all work prepared and furnished to District by its employees, agents, and subconsultants;
(e) that it has sufficient financial strength and resources to undertake and complete the Services
provided for under this Agreement within the schedule set forth in the WAL; and (f) that it certifies and
covenants that all reports, certifications, studies, analyses, and other documents prepared by Consultant
shall be prepared in accordance with all applicable laws, rules, regulations, and other requirements in
effect at the time of their preparation, or required at their time of submittal to District and or agencies.
d. Consultant shall follow accepted industry standards and practices and comply with all federal,
state, and local laws and ordinances applicable to the Services required by this Agreement and the
WAL.
10. Responsibilities of District.
ND#4819-2103-6308 Consultant Services Agreement 4
a. District will prepare and furnish to Consultant upon Consultants request, such information as is
reasonably necessary to the performance of the Services required under this Agreement and the WAL.
Consultant understands that all information provided to Consultant remains the property of District and
shall only be removed from Districts possession/premises and/or be photocopied, reproduced,
distributed, or otherwise made available to others if such activities are expressly approved in writing by
District and/or the Program Manager. Failure to comply with the above requirements shall be
reasonable cause for termination of this Agreement, and may subject Consultant to liability for
damages to District.
b. If needed by Consultant, District shall provide information as to the requirements and educational
program for each project assigned by a WAL, including approved budget and schedule limitations.
c. District shall facilitate and coordinate cooperation amongst and between District consultants,
including but not limited to architects, construction managers, surveyors, geotechnical engineers,
inspectors, testing laboratories, hazardous materials specialists, CEQA/DTSC compliance specialists,
technology experts, and any other professional consultants District deems necessary to execute the
Facilities Implementation Program. Such coordination shall include the distribution of documentation
prepared by individual consultants which may be of service to Consultant in the course of completing
the Services.
d. District shall facilitate and coordinate cooperation amongst and between District staff and
Consultant, as required to complete the Services.
e. District shall provide for the timely approval and execution of the WALs, Additional Services
requests, invoices, and any other documentation that requires District action in order for Consultant to
complete the Services.
11. Suspension. District may, for any reason or no reason, in Districts sole discretion, suspend all or a
portion of this Agreement, the WAL, or the Services by giving ten (10) calendar days written notice of
suspension to Consultant. In the event such notice is given, Consultant shall cease immediately all
work in progress. If District suspends the Services for a period of ninety (90) consecutive calendar
days or more and, in addition, if such suspension is not caused by Consultant or the acts or omissions
of Consultant, then if the Services are resumed, Consultants compensation shall be subject to
adjustment to provide for actual direct costs and expenses incurred by Consultant as a direct result of
the suspension and resumption by District of the Services.
12. Termination. This Agreement, the WAL, or the Services may be terminated at any time by mutual
agreement of the Parties or by either Party as follows:
a. District may terminate all or a portion of this Agreement, the WAL, or the Services without cause
at any time by giving ten (10) calendar days written notice of termination to Consultant. In the event
such notice is given, Consultant shall cease immediately all work in progress; or
b. District may terminate all or a portion of this Agreement, the WAL, or the Services for cause in the
event of a Default by giving written notice pursuant to Section 15, below; or
c. Consultant may terminate this Agreement or the WAL at any time upon thirty (30) calendar days
written notice if District fails to make any undisputed payment to Consultant when due and such failure
remains uncured for forty-five (45) calendar days after written notice to District.
ND#4819-2103-6308 Consultant Services Agreement 5
13. Similar or Identical Services. In the event that this Agreement, the WAL, or any of the Services are
terminated in whole or in part as provided herein, District may procure, upon such terms and in such
manner as District may determine appropriate, services similar or identical to those terminated to
complete any unfinished Services or new services as needed by District.
14. Inspection and Final Acceptance. District acceptance of any of work or Services, whether specifically
in writing or by virtue of payment, shall not constitute a waiver of any of the provisions of this
Agreement or the WAL including, but not limited to, indemnification and insurance provisions.
15. Default. Failure of Consultant to perform any Services or comply with any provisions of this
Agreement or the WAL constitutes a Default. District may terminate all or any portion of this
Agreement, the WAL, or the Services for cause in the event of a Default. The termination shall be
effective if Consultant fails to cure such Default within thirty (30) calendar days following issuance of
written notice thereof by District, or if the cure by its nature takes longer, fails to commence such cure
within thirty (30) calendar days from the date of issuance of the notice and diligently prosecutes such
cure to the satisfaction of District. If Consultant has not cured the Default, District may hold all
invoices and may choose to proceed with payment on said invoices only after the Default is cured to
Districts satisfaction. In the alternative, District may, in its sole discretion, during the period before
Consultant has cured the Default, elect to pay any portion of outstanding invoices that corresponds to
Services satisfactorily rendered. Any failure on the part of District to give notice of Consultants
default shall not be deemed to result in a waiver of Districts legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to Districts termination rights set forth above, District shall have (i) the right to cure
Consultants Default at Consultants cost, in which case all amounts expended by District in connection
with such cure shall accrue interest from the date incurred until repaid to District by Consultant at the
rate of ten percent (10%) per annum; and (ii) all other rights and remedies available to District at law
and in equity, including, without limitation, an action for damages. District shall have the right to
retain unpaid earned balances to offset damages, and/or charge Consultant for all damages above and
beyond unpaid balance of WAL.
16. Ownership of Documents. All maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any Services pursuant to this Agreement or the WAL
(collectively and individually, the Documents) shall become the sole property of District and may be
used, reused or otherwise disposed of by District without the permission of Consultant. Upon
completion, expiration or termination of this Agreement or the WAL, Consultant shall turn over to
District all such Documents.
17. Use of Documents by District. If and to the extent that District utilizes for any purpose not related to
this Agreement or the WAL any Documents, Consultants guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
18. Consultants Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultants performance of Services pursuant to this Agreement or the
WAL for a minimum of four years after termination or expiration of this Agreement and the WAL, or
longer if required by law. Such records shall include at minimum a detailed record of daily
performance, staff time records, subconsultants time records, documentation of all costs incurred by
Consultant that were billed to District, and detailed records of all Consultant fees, overhead, and profit
on earned amounts.
ND#4819-2103-6308 Consultant Services Agreement 6
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled
checks, or other documents or records evidencing or relating to work, services, expenditures and
disbursements charged to District pursuant to this Agreement or the WAL for a minimum of four years,
or longer if required by law, all in accordance with generally accepted accounting principles and with
sufficient detail so as to permit an accurate evaluation of the Services provided by Consultant pursuant
to this Agreement or the WAL.
b. Any and all such records or documents shall be made available for inspection, audit and copying, at
any time during regular business hours, upon request by District or its designated representative.
Copies of such documents or records shall be provided directly to District for inspection, audit and
copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such
documents and records shall be made available at Consultants address indicated for receipt of notices
in this Agreement.
c. District has the right to acquire custody of such records by written request if Consultant decides to
dissolve or terminate its business. Consultant shall deliver or cause to be delivered all such records and
documents to District within sixty (60) days of receipt of the request.

19. Independent Contractor. Consultant is retained as an independent contractor and is not employed by
District. No employee or agent of Consultant shall become, or be considered to be, an employee of
District for any purpose. It is agreed that District is interested only in the results obtained from the
Services under this Agreement and the WAL and that Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the Services required under this
Agreement and the WAL. Consultant shall complete this Agreement and the WAL according to its
own methods of work which shall be in the exclusive charge and control of Consultant and which shall
not be subject to control or supervision by District except as to results of the Services. Consultant shall
provide all of its own supplies, equipment, facilities, materials, manpower, and any/all other resources
that may become necessary in the course of completing the Services. It is expressly understood and
agreed that Consultant and its employees shall in no event be entitled to any benefits to which District
employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation,
workers compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultants employees wages, payroll taxes, employee benefits and any
amounts due for federal and state income taxes and Social Security taxes since these taxes will not be
withheld from payments under this Agreement or the WAL.
a. The personnel performing the Services under this Agreement and the WAL on behalf of Consultant
shall at all times be under Consultants exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultants
officers, employees, or agents are in any manner officials, officers, employees or agents of District.
b. Consultant shall have no authority to bind District in any manner, or to incur any obligation, debt
or liability of any kind on behalf of or against District, whether by contract or otherwise, unless such
authority is expressly conferred in writing by District, or under this Agreement.
20. Standard of Performance. Consultant represents and warrants that it has the skill, qualifications,
experience and facilities necessary to properly perform the Services required under this Agreement and
the WAL in a thorough, competent and professional manner. Consultant represents and warrants that
its employees and subcontractors have all legally required licenses, permits, qualifications and
approvals necessary to perform the Services and that all such licenses and approvals shall be
maintained throughout the term of this Agreement and the WAL. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all Services
ND#4819-2103-6308 Consultant Services Agreement 7
described herein and the WAL. In meeting its obligations under this Agreement and the WAL,
Consultant shall employ, at a minimum, the standard of care utilized by persons engaged in providing
services similar to those required of Consultant under this Agreement and the WAL for California
school districts in or around the same geographic area of District (the Standard of Performance).
21. Confidential Information. All information gained during performance of the Services and all
Documents or other work product produced by Consultant in performance of this Agreement and the
WAL shall be considered confidential (confidential information). Consultant shall not release or
disclose any such confidential information, Documents or work product to persons or entities other
than District without prior written authorization from the Superintendent of District and/or Program
Manager, except as may be required by law. Confidential information does not include information
that: (i) Consultant had in its possession prior to considering entering into this Agreement; (ii) becomes
public knowledge through no fault of Consultant; (iii) Consultant lawfully acquires from a third party
not under an obligation of confidentiality to the disclosing party; or (iv) is independently developed by
Consultant without benefit of the information provided by District. In connection with confidential
information:
a. Consultant shall promptly notify District if it is served with any summons, complaint, subpoena or
other discovery request, court order or other request from any party regarding this Agreement or the
WAL or the Services performed hereunder or the WAL.
b. District retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to
provide District with the opportunity to review any response to discovery requests provided by
Consultant; provided that this does not imply or mean the right by District to control, direct, or rewrite
said response.
22. Conflict of Interest; Disclosure of Interest. Consultant covenants that neither it, nor any officer or
principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of District or which would in any way hinder Consultants performance of the
Services under this Agreement or the WAL. Consultant further covenants that in the performance of
this Agreement and the WAL, no person having any such interest shall be employed by it as an officer,
employee, agent or subcontractor without the express written consent of District. Consultant agrees to
at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of
District in the performance of this Agreement and the WAL.
a. Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E, as hereinafter amended or renumbered,
require that a consultant that qualifies as a designated employee must disclose certain financial
interests by filing financial interest disclosures. By its initials below, Consultant (i) represents that it
has received and reviewed a copy of the Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E and
that it [____] does [X] does not qualify as a designated employee; and (ii) agrees to notify District, in
writing, if Consultant believes that it is a designate employee and should be filing financial interest
disclosures, but has not been previously required to do so by District.
______ (Initials)
23. Compliance with Applicable Laws. In connection with the Services and its operations, Consultant
shall keep itself informed of and comply with all applicable federal, state and local laws, statutes,
codes, ordinances, regulations and rules including, but not limited to, minimum wages and/or
prohibitions against discrimination, in effect during the Term. Consultant shall obtain any and all
licenses, permits and authorizations necessary to perform the Services. Neither District, nor any
ND#4819-2103-6308 Consultant Services Agreement 8
elected or appointed boards, officers, officials, employees or agents of District shall be liable, at law or
in equity, as a result of any failure of Consultant to comply with this section.
a. Without limiting the generality of the foregoing, Consultant, unless exempted, shall comply with
the requirements of Education Code Section 45125.1 with respect to fingerprinting of employees who
may have contact with Districts pupils. Consultant must complete Districts certification form,
attached herein as Exhibit E, prior to any of Consultants employees coming into contact with any of
Districts pupils. Consultant also agrees to comply with all other operational requirements of District,
as may be revised from time to time, including but not limited to any obligations relating to vaccination
or testing for infectious diseases.
______ (Initials)
24. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of
the Federal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seq., as amended, and in
connection therewith, shall not employ unauthorized aliens as that term is defined in 8 U.S.C.A.
1324a(h)(3). Should Consultant so employ such individuals for the performance of work and/or
Services covered by this Agreement or the WAL, and should any liability or sanctions be imposed
against District for such employment, Consultant hereby agrees to and shall reimburse District for the
cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys'
fees, incurred by District.
25. Non-Discrimination. Consultant shall abide by the applicable provisions of the United States Civil
Rights Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in
any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex,
sexual orientation, age, physical handicap, medical condition or marital status in connection with or
related to the performance of this Agreement or the WAL.
26. Disabled Veteran Business Enterprise Participation. Pursuant to Education Code section 17076.11,
District has a participation goal for disabled veteran business enterprises (DVBEs) of at least three (3)
percent, per year, of funds expended each year by District on projects that use funds allocated by the
State Allocation Board pursuant to the Leroy F. Greene School Facilities Act. Unless waived in
writing by District, Consultant shall provide proof of DVBE compliance, in accordance with any
applicable policies of District or the State Allocation Board, within thirty (30) days of its execution of
this Agreement
27. Assignment. The expertise and experience of Consultant are material considerations for this
Agreement and the WAL. District has an interest in the qualifications of and capability of the persons
and entities that will fulfill the duties and obligations imposed upon Consultant under this Agreement
and the WAL. In recognition of that interest, Consultant shall not assign or transfer this Agreement or
any portion of this Agreement or any portion of the WAL or the performance of any of Consultants
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by Districts Board of Trustees. Any attempted assignment shall be ineffective,
null and void, and shall constitute a material breach of this Agreement and the WAL entitling District
to any and all remedies at law or in equity, including summary termination of this Agreement and the
WAL.
28. Subcontracting. Notwithstanding the above, Consultant may utilize subcontractors in the performance
of its duties pursuant to this Agreement and the WAL, but only with the prior written consent of
District. Consultant shall be as fully responsible to District for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by Consultants subcontractors, as
if the acts and omissions were performed by Consultant directly.
ND#4819-2103-6308 Consultant Services Agreement 9
29. District Administrator. Lisa Franz shall be in charge of administering this Agreement on behalf of
District, (the Administrator) provided that any written notice or any consent, waiver or approval of
District must be signed by the Superintendent or a designated employee of District to be valid. The
Administrator has completed Exhibit D Conflict of Interest Check attached hereto.
30. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultants staff and subcontractors consistent with the staff proposed as part of the
Statement of Qualifications, if any, assigned to perform Services under this Agreement and the WAL.
a. Consultant shall provide District and the Administrator a list of all personnel and subcontractors
providing Services and shall maintain said list current and up to date at all times during the Term. The
list shall include the following information: (1) all full or part-time staff positions by title, including
volunteer positions whose direct services are required to provide the Services; (2) a brief description of
the functions of each such position and the hours each position works each week or, for part-time
positions, each day or month, as appropriate; (3) the professional degree, if applicable, and experience
required for each position; and (4) the name of the person responsible for fulfilling the terms of this
Agreement and the WAL.
31. Indemnification. To the fullest extent permitted by law, Consultant shall defend and indemnify
District and its officials, elected board members, employees and agents (Indemnified Parties) from
and against all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, its officers, employees, consultants, subcontractors, or agents, pursuant
to this Agreement and/or the WAL, but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of any of the Indemnified Parties.
a. Consultant agrees to obtain executed indemnity agreements with provisions identical to the above
from each and every subcontractor retained or employed by Consultant in the performance of this
Agreement and the WAL. Failure of District to monitor compliance with these requirements imposes
no additional obligations on District and will in no way act as a waiver of any rights hereunder.
Consultants obligation to indemnify and defend District as set forth above is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and the
WAL.
______ (Initials)
32. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit C Insurance and made a part of this
Agreement. All insurance policies shall be subject to approval by District as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the District
Superintendent.
33. Notices. All notices required or permitted to be given under this Agreement or the WAL shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and
return receipt requested, addressed as follows:
To District: Oxnard School District
1051 South A Street
Oxnard, California, 93030
Attention: Lisa Cline
Assistant Superintendent, Business & Fiscal Services
Re: [Insert Project Name]
ND#4819-2103-6308 Consultant Services Agreement 10
With electronic copy to: Caldwell Flores Winters, Inc.
Oxnard School District Program Manager
6425 Christie Ave., Suite 270
Emeryville, California 94608
Attention: Yuri Calderon
T: 510-596-8170
Email: ycalderon@cfwinc.com
To Consultant: Koury Engineering & Testing, Inc.
14280 Euclid Avenue
Chino, CA 91710
Attention: Richard Koury
T: (909) 606-6111
Email: richardk@kouryengineering.com
All notices, demands, or requests to be given under this Agreement or the WAL shall be given in writing
and conclusively shall be deemed received when delivered in any of the following ways: (i) on the date
delivered if delivered personally; (ii) on the date sent if sent by facsimile transmission and confirmation of
transmission is received; (iii) on the date it is accepted or rejected if sent by certified mail; and (iv) the date
it is received if sent by regular United States mail.
34. Excusable Delays. Neither Party will be liable to the other for unanticipated delays or failures in
performance resulting from causes beyond the reasonable control of that Party, including, but not
limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war,
governmental regulations, communications or utility failures, or casualties; provided that the delayed
Party: (i) gives the other Party prompt written notice of such cause; and (ii) uses its reasonable efforts
to correct such failure or delay in its performance. The delayed Party's time for performance or cure
under this section will be extended for a period equal to the duration of the cause or sixty (60) days,
whichever is less.
35. Entire Agreement; Binding Effect. This Agreement including Exhibits hereto, contains the entire
understanding of the Parties, and supersedes all other written or oral agreements. Consultant shall be
entitled to no other benefits other than those specified herein. No changes, amendments or alternations
shall be effective unless in writing and signed by both Parties and approved by Districts Board of
Trustees. Consultant specifically acknowledges that in entering into this Agreement, Consultant relied
solely upon the provisions contained in this Agreement and no others. This Agreement shall be
binding upon the heirs, executors, administrators, successors and assigns of the Parties.
36. Amendment. No changes, amendments to or modifications of this Agreement or the WAL shall be
valid, effective or binding unless made in writing and signed by both Parties and approved by the
Districts Board of Trustees. The Parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
37. Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement or the WAL shall
not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of
the provisions of this Agreement or the WAL shall not constitute a waiver of any other provision or a
waiver of any subsequent breach or violation of any provision of this Agreement or the WAL. None of
the provisions of this Agreement or the WAL shall be considered waived by either Party unless such
waiver is specifically specified in writing. Neither Districts review, approval of, nor payment for, any
of the Services required under this Agreement or the WAL shall be construed to operate as a waiver of
ND#4819-2103-6308 Consultant Services Agreement 11
any rights under this Agreement or the WAL, and Consultant shall remain liable to District in
accordance with this Agreement and the WAL for all damages to District caused by Consultants
failure to perform any of the Services to the Standard of Performance. This provision shall survive the
termination of this Agreement and the WAL.
38. Governing Law. This Agreement and the WAL shall be interpreted, construed and governed
according to the laws of the State of California. With respect to litigation involving this Agreement,
the WAL or the Services, venue in state trial courts shall lie exclusively in the County of Ventura,
California.
39. Severability. If any term, condition or covenant of this Agreement or the WAL is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement and the WAL shall not be affected thereby and the Agreement and WAL
shall be read and construed without the invalid, void or unenforceable provision(s).
40. Authority to Execute. The person or persons executing this Agreement on behalf of Consultant
represents and warrants that he/she/they has/have the authority to so execute this Agreement and to
bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, District and Consultant have executed and delivered this Agreement for
consultant services as of the date first written above.

OXNARD SCHOOL DISTRICT: KOURY ENGINEERING & TESTING:



Signature Signature

Lisa A. Franz, Director, Purchasing
Typed Name/Title Typed Name/Title


Date Date

Tax Identification Number: 95-6002318 Tax Identification Number:

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ND#4819-2103-6308 Exhibit A page 1 Consultant Services Agreement

EXHIBIT A
TO AGREEMENT FOR CONSULTANT SERVICES #13-123

WORK AUTHORIZATION PROCEDURES

1. Assignment of Work Authorization
1.1. Request For Proposal (RFP): At the sole discretion of District, one or more prequalified
professional services consultants shall be solicited with a Request For Proposal (RFP) for a
specific lump sum fixed fee proposal for defined Services to be complete within a defined timeline.
For a proposal to be valid it must clearly acknowledge the complete Services requested by District
and must include a lump sum fixed fee amount to complete all defined Services, a clearly defined
schedule for completion of Services which meets the required timeline defined by District and
shows final completion to occur within the Term of this Agreement.

1.2. Evaluation of Proposal: Districts Program Manager, in consultation with District, shall review each
proposal for validity, accuracy, competitiveness, and overall quality of the Services proposed to be
performed. In the case where more than one firm is solicited for a scope of defined Services, the
Program Manager shall evaluate each proposal thoroughly based on predetermined, objective
criteria to ensure a just and fair review of all proposals.

1.3. Selection of Consultant: Following evaluation of proposals, the consultant whose proposal exhibits
the best value for the benefit of District shall be recommended to the Superintendent for approval.

1.4. Work Authorization Letter (WAL): With the approval of the District Superintendent, the Program
Manager shall issue a Work Authorization Letter (WAL) to the selected consultant to perform the
defined Services as indicated in the RFP, for the lump sum fixed fee amount reflected in the
proposal, with all Services to complete within the timeline indicated in the RFP, and the Term set
forth in this Agreement. District retains the right to negotiate all terms of the WAL subsequent to
the receipt of proposal(s) in order to clarify the scope of Services, and/or make any adjustments to
the fee amount and required schedule prior to issuance of the WAL. The WAL shall be considered
a binding agreement, and amendment to this Agreement, once executed by Consultant, approved by
the District Board of Trustees, and executed by the Superintendent.

1.5. Performance of Services Set Forth in the WAL: Performance of Services set forth in the WAL shall
not commence until final approval by the District Superintendent and Board of Trustees, unless
expressly authorized by the District Superintendent and Program Manager. During the course of
completing the Services, Consultant shall comply will all provisions of this Agreement and the
WAL. All Services set forth in the WAL shall be completed within the schedule set forth in the
WAL.

1.6. Close Out of WAL Services: Upon completion of all Services required by the WAL, Consultant
shall submit all required close-out documentation, certifications, records, reports, warranties, and
any other information required or requested by District prior to submitting Consultants invoice for
final payment.

1.7. WAL Form: See next page for sample Work Authorization Letter.
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ND#4819-2103-6308 Exhibit A page 2 Consultant Services Agreement


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ND#4819-2103-6308 Exhibit B page 1 Consultant Services Agreement

EXHIBIT B
TO AGREEMENT FOR CONSULTANT SERVICES #13-123
COMPENSATION & RATE/FEE SCHEDULE

I. The following rates of pay shall apply in the performance of the Services under this Agreement and the
WAL:




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ND#4819-2103-6308 Exhibit B page 2 Consultant Services Agreement




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ND#4819-2103-6308 Exhibit B page 3 Consultant Services Agreement




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ND#4819-2103-6308 Exhibit B page 4 Consultant Services Agreement




II. Consultant may utilize subcontractors as permitted in the Agreement and the WAL. The hourly rate for
any subcontractor shall be consistent with the rate and fee schedule indicated in Section I above, unless
other direction is provided with written authorization from District Superintendent or his/her designee.

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ND#4819-2103-6308 Exhibit B page 5 Consultant Services Agreement

III. Claims for reimbursable expenses shall be documented by appropriate invoices and supporting receipts.
Consultant may be reimbursed for those reasonable out-of-pocket expenses set forth below that are
incurred and paid for by Consultant beyond the typical obligations under this Agreement and the WAL,
but only to the extent that such expenses are directly related to Services satisfactorily completed, are
approved by District in writing and do not cause the amounts paid to Consultant to exceed the amounts
allowed under this Agreement and the WAL. No mark-up of any expense is permitted. The following is
the EXCLUSIVE list of reimbursable expenses:

A. Travel and Mileage. Consultant must request the travel in writing and justify why the travel
should be reimbursed. Travel expenses must be approved in writing by District, in its sole discretion.
Trips from any Consultants office to Districts office or to the subject project site will not be
approved for reimbursement.

B. Reimbursable Reprographic Services. Print sets or copies requested in writing by District beyond
the quantities required under the WAL.

C. Fees for Subcontractors. Fees for subcontractors hired and paid by Consultant at the written
request of District and are permitted in the Agreement and the WAL.

D. Fees advanced for securing approval of public agencies having jurisdiction over any project
hereunder.

IV. Consultant shall provide to District a complete Schedule of Values (SOV), identifying major work
activities required to complete the authorized scope of work. All invoices must reflect the appropriate
progress percentage for each SOV item billed, to be verified by District. District will compensate
Consultant for the Services performed upon approval by District of a valid and complete invoice, in form
and substance acceptable to District. See Exhibit G for required Invoice Approval Form and Billing
Cover Sheet. The Billing Cover Sheet shall reflect the approved SOV. In connection with Services that
are only partially completed at the time an invoice is paid, notwithstanding any provision of the
Agreement, the WAL, or any other document, payment of the invoice does not constitute acceptance of
the partially completed work or Service. Each invoice is to include:

A. Billing Cover Sheet/SOV with all appropriate progress percentages identified toward completion of the
Services.
B. Acceptable back-up for billings shall include, but not be limited to:
a. Records for all personnel describing the work performed, the number of hours worked, and the
hourly rate, for all time charged to the Services.
b. Records for all supplies, materials and equipment properly charged to the Services.
c. Records for all travel pre-approved by District and properly charged to the Services.
d. Records for all subcontractor labor, supplies, equipment, materials, and travel properly charged
to the Services.

Unless otherwise directed by District, in writing, completed invoices are to be submitted to the attention of the
Director of Purchasing and the Assistant Superintendent, Business and Fiscal Services. To be considered complete,
the invoice packet shall include all back-up documentation required by District and sign-off from District staff,
Program Manager or project manager assigned by District to supervise the Services.

V. The total compensation for the Services shall be provided for in the WAL(s) issued subsequent to this
Agreement.

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ND#4819-2103-6308 Exhibit B page 6 Consultant Services Agreement

VI. Compensation Upon Termination. In the event that District suspends or terminates this Agreement, the
WAL or any of the Services pursuant to Section 11 or Section 12a of the Agreement, District will pay
Consultant as provided herein and the WAL for all Services and authorized Additional Work actually
performed, and all authorized reimbursable expenses actually incurred and paid, under and in accordance with
this Agreement and the WAL, up to and including the date of suspension or termination; provided that such
payments shall not exceed the amounts specified in the Agreement and the WAL as compensation for the
Services completed, plus any authorized Additional Work and authorized reimbursable expenses completed
prior to suspension or termination. No payment for demobilization shall be paid unless District at its sole
discretion determines that demobilization or other compensation is appropriate. After a notice of termination is
given, Consultant shall submit to District a final claim for payment, in the form and with certifications
prescribed by District. Such claim shall be submitted promptly, but in no event later than forty (40) calendar
days after the Termination Date specified on the notice of termination. Such payment shall be Consultants
sole and exclusive compensation and District shall have no liability to Consultant for any other compensation
or damages, including without limitation, anticipated profit, prospective losses, legal fees or costs associated
with legal representation or consequential damages, of any kind.
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ND#4819-2103-6308 Exhibit C page 1 Consultant Services Agreement


EXHIBIT C
TO AGREEMENT FOR CONSULTANT SERVICES #13-123


INSURANCE

I. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to District
Superintendent or District Counsel, in full force and effect throughout the Term of this Agreement and the WAL,
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, subcontractors, representatives and/or employees.
Insurance is to be placed with insurers authorized to conduct business in the State of California and with a current
A.M. Best's rating of no less than A, as rated by the current edition of Bests Key Rating Guide, published by A.M.
Best Company, Oldwick, New J ersey 08858. Consultant shall provide the following scope and limits of insurance:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability coverage of not less than two million dollars ($2,000,000)
aggregate and one million dollars ($1,000,000) per occurrence.

(2) Auto liability insurance with limits of not less than one million dollars ($1,000,000).

(3) Insurance coverage should include:

1. owned, non-owned and hired vehicles;
2. blanket contractual;
3. broad form property damage;
4. products/completed operations; and
5. personal injury.

(4) Workers' Compensation insurance as required by the laws of the State of California.

(5) Abuse and Molestation coverage of not less than two million dollars ($2,000,000) per
occurrence and five million dollars ($5,000,000) aggregate.

(6) Professional liability (Errors and Omissions) insurance, including contractual liability, as
appropriate to the Consultants profession, in an amount of not less than the following:

Accountants, Attorneys, Education Consultants, $1,000,000
Nurses, Therapists

Architects $1,000,000 or $2,000,000

Physicians and Medical Corporations $5,000,000

Failure to maintain professional liability insurance is a material breach of this Agreement and the WAL and
grounds for immediate termination

II. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
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ND#4819-2103-6308 Exhibit C page 2 Consultant Services Agreement


A. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the
coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in
coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been
given to District

B. General Liability, Automobile Liability, and Abuse/Molestation Coverages.

(1) District, and its respective elected and appointed officers, officials, employees and
volunteers are to be covered as additional insureds (collectively, additional insureds) as respects the following:
liability arising out of activities and/or Services Consultant performs; products and completed operations of
Consultant; premises owned, occupied or used by Consultant; automobiles owned, leased, hired or borrowed by
Consultant, and Abuse/Molestation. The coverage shall contain no special limitations on the scope of protection
afforded to additional insureds.

(2) Each policy shall state that the coverage provided is primary and any insurance carried by
any additional insured is in excess to and non-contributory with Consultants insurance.

(3) Consultants 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.

(4) Any failure to comply with the reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to any additional insured.

III. Other Requirements. Consultant agrees to deposit with District, at or before the effective date of this
Agreement and the WAL, certificates of insurance necessary to satisfy District that the insurance provisions of this
Agreement have been complied with. District may require that Consultant furnish District with copies of original
endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. District reserves the right to inspect complete,
certified copies of all required insurance policies, at any time.

A. If any Services are performed by a subcontractor, Consultant shall furnish certificates and
endorsements from each subcontractor identical to those Consultant provides.

B. Any deductibles or self-insured retentions must be declared to and approved by District. At the
option of District, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
District or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses
and claims.

C. The procuring of any required policy or policies of insurance shall not be construed to limit
Consultants liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.


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ND#4819-2103-6308 Exhibit D page 1 Consultant Services Agreement

EXHIBIT D
TO AGREEMENT FOR CONSULTANT SERVICES #13-123
CONFLICT OF INTEREST CHECK

Bylaws of the Board 2030(C)E requires that the Superintendent or a designee make a determination, on a case by
case basis, concerning whether disclosure will be required from a consultant to comply with Districts Conflict of
Interest Code (commencing with Bylaws of the Board 2030 BB).

Consultants are required to file disclosures when, pursuant to a contract with District, Consultant will make certain
specified government decisions or will perform the same or substantially the same duties for District as a staff
person would.


The services to be performed by Consultant under the Agreement to which this Exhibit D is attached [] constitute
[X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code.
Therefore, Consultant, [] is [X] is not subject to disclosure obligations.


Date:

By:
Lisa A. Franz
Director, Purchasing


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ND#4819-2103-6308 Exhibit E page 1 Consultant Services Agreement

EXHIBIT E
TO AGREEMENT FOR CONSULTANT SERVICES #13-123

BACKGROUND CHECK AND FINGERPRINTING PROCEDURES
FOR CONTRACTORS

The successful Bidder will be required to assure that its employees, subcontractors of any tier, material
suppliers, and consultants do not have direct contact with the Districts students during the performance
of the Contract in compliance with Education Code 45125.1 and 45125.2. To assure these provisions,
the successful Bidders supervisor shall be fingerprinted, and proof of same shall be provided to the
District prior to start of on-site work. The supervisor will monitor the workers conduct while on school
grounds. In addition, the successful Bidder shall barricade the Work area to separate its workers from the
students. Costs associated with this process are the responsibility of the successful Bidder.

The Contractors construction supervisors or their unsupervised employees who will be working outside
of fenced areas during the school hours must have submitted a fingerprint identification card to the
Department of J ustice (DOJ ) and have a proof of clearance in the form of an affidavit filed in the Oxnard
School Districts Purchasing Office prior to the start of the Work.

California Education Code 45125.1 and 45125.2 require that criminal checks be completed for
contractors (Contracting Firm) who provide architectural, construction, janitorial, administrative,
landscape, transportation, food-related, or other similar services to school districts.

The undersigned does hereby certify to the Board of Trustees of the Oxnard School District as follows:

That I am a representative of the Contractor currently under contract (Contract) with the District; that I
am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on
behalf of Contractor.

Contractor certifies that it has taken the following actions with respect to the construction Project that is
the subject of the Contract:

1. Pursuant to Education Code 45125.2, Contractor has installed or will install, prior to
commencement of Work, a physical barrier at the Work Site, which will limit contact between
Contractors employees and District pupils at all times (mandatory for all Projects); AND

2. The Contractor has complied with the fingerprinting requirements of Education Code 45125.1
with respect to all Contractors employees and all of its subcontractors employees who may have contact
with District pupils in the course of providing services pursuant to the Contract, and the California
Department of J ustice has determined that none of those employees has been convicted of a felony, as that
term is defined in Education Code 45122.1. A complete and accurate list of Contractors employees and
of all its subcontractors employees who may come in contact with District pupils during the course and
scope of the Contract is attached hereto; AND/OR

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ND#4819-2103-6308 Exhibit E page 2 Consultant Services Agreement

3. Pursuant to Education Code 45125.2, Contractor certifies that all employees will be under the
continual supervision of, and monitored by, an employee of the Contractor who the California Department
of J ustice has ascertained has not been convicted of a violent or serious felony. The name and title of
each employee who will be supervising Contractors employees and its subcontractors employees is:

Name: _____________________________________

Title: ______________________________________

AND/OR

4. The Work on the Contract is at an unoccupied school site and no employee and/or subcontractor or
supplier of any tier of Contract shall come in contract with District pupils.

Contractors responsibility for background clearance extends to all of its employees, Subcontractors, and
employees of Subcontractors coming into contact with District pupils regardless of whether they are
designated as employees or acting as independent contractors of the Contractor.

Date: _________

Proper Name of Contractor: ______________________________________

Signature: _________________________

By: ______________________________________

Its: ______________________________________
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ND#4819-2103-6308 Exhibit F page 1 Consultant Services Agreement

EXHIBIT F
TO AGREEMENT FOR CONSULTANT SERVICES #13-123

SCOPE OF SERVICES (PART 1 OF 2) GEOTECHNICAL ENGINEERING

The Geotechnicals Scope of Work includes, but is not limited to, the following:

Consultant shall ensure that project design documents are representative of actual soils conditions,
including bearing capacity and recommended slab and foundation designs. The geotechnical engineer
will also be required to monitor certain construction activities, as determined by the architect of record,
and to confirm that construction activities were performed satisfactorily and achieved required
compaction.

1. Borings:
a. The location and depth of the proposed borings proposed by the Consultant shall be submitted by
the Consultant for District approval. Quantity and locations of proposed borings must be adequate
to satisfy requirements of any and all state and federal agencies, laws and regulations governing
K12 construction. If the Consultant finds it necessary to change the location or depth of any of
these proposed borings, the Architect of Record shall be notified and a new location or depth shall
be agreed upon between the Architect and the Consultant.
b. If unusual conditions are encountered, including but not limited to unanticipated materials which
cannot be penetrated by standard sampling equipment, the Consultant shall immediately consult
with the Architect of Record for the Project.
c. The Consultant shall advise the Architect of Record as to any further exploration and testing
required to obtain information that the Consultant requires for a professional interpretation of
subsoil conditions at the building site and shall perform such additional work as authorized by the
Owner after consultation with the Architect of Record. The extent of exploration undertaken shall
be consistent with the scope of the Project as indicated by the information given above and by any
drawings attached hereto.
d. Unless otherwise stipulated, drilling and sampling will be performed in accordance with current
applicable ASTM (American Society of Testing and Materials) standards and other standards,
including, but not limited to ASTM standards D1586, D1587 and D2113.
e. The field logs and boring maps shall be prepared either by a Geotechnical Engineer or by an
experienced soils technician acting under the supervision of a Geotechnical Engineer. All samples
shall be preserved by the Consultant until all foundations are complete and accepted by DSA.

2. Drilling and sampling methods and protection of property:
a. The Consultant shall contact the Owner and all utility companies for information regarding buried
utilities and structures and shall take all reasonable precautions to prevent damage to property both
visible and concealed. All drilling and digging locations shall be coordinated with verified
underground utility locations to avoid damaging existing infrastructure and/or utilities. Consultant
is responsible for any and all impacts, damages, and delays caused by boring operations that
damage existing infrastructure and/or utilities. The Consultant shall reasonably restore the site to
the condition existing prior to the Consultant's entry and work. Such restoration shall include, but
not be limited to, backfilling of borings, patching of slabs and pavements, and repair of lawns and
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ND#4819-2103-6308 Exhibit F page 2 Consultant Services Agreement

plantings. Each boring should be temporarily plugged, pending additional groundwater readings.
At the completion of the groundwater readings, the borings shall be permanently plugged,
including patching of slabs and pavements.
b. Again, field logs and boring maps shall be prepared either by a Geotechnical Engineer or by an
experienced soils technician acting under the supervision of a Geotechnical Engineer. All samples
shall be preserved by the Consultant until all foundations are complete and accepted by DSA.

3. Percolation Testing:
a. The Consultant shall perform percolation testing at a minimum of three (3) locations agreed upon
between the District, Architect of Record, and Consultant.

As part of the Services, Consultant will prepare and deliver the following tangible work products to
District:

4. Reports
a. The Consultant shall prepare both draft and final reports reflecting the results of all investigation,
analysis, study and findings. The reports shall be prepared on white paper, 8 1/2 x 11 inches,
suitable for photocopying, and shall be bound in booklet form.
b. The Consultant shall prepare reports in accordance with the items listed below:
i. All data required to be recorded according to the ASTM standards or other standard test methods
employed shall be obtained, recorded in the field and referenced to boring numbers; soil shall be
classified in the field logs in accordance with applicable ASTM standards and other standards,
including, but not limited to, ASTM standard D2488. Classification for final logs shall be based
on field information, results of tests, and further inspection of samples in the laboratory by the
Geotechnical Engineer preparing the reports. The Report shall:
Include a chart illustrating the soil classification criteria and the terminology and symbols used
on the boring logs;
Identify the ASTM standards or other recognized standard sampling and test methods utilized;
and,
Provide a plot plan giving dimensioned locations, size, & depths of test borings, and
percolation testing locations.
Provide vertical sections for each boring plotted and graphically presented showing number of
borings, sampling method used, date of start and finish, surface elevations, description of soil
and thickness of each layer, depth to loss or gain of drilling fluid, hydraulic pressure required
or number of blows per foot (N value for each sample) and, where applicable, depth to wet
cave-in, depth to artesian head, groundwater elevation and time when water reading was made
and presence of gases. Note the location of strata containing organic materials, wet materials
or other inconsistencies that might affect engineering conclusions. The report shall also:
Describe the existing surface conditions and summarize the subsurface conditions, including
percolation rates and related information;
Provide appropriate subsurface profiles of rock or other bearing stratum;
Estimate potential variations in elevation and movements of subsurface water due to seasonal
influences; and,
Report all laboratory determinations of soil properties.
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ND#4819-2103-6308 Exhibit F page 3 Consultant Services Agreement

c. Disposition of Samples: After all laboratory tests have been completed, dispose of samples after
foundation installation is complete and accepted by DSA
d. Foundation Engineering Evaluation and Recommendations: The Consultant shall analyze the
information developed by investigation or otherwise available to the Consultant, including those
aspects of the subsurface conditions which may affect design and construction of proposed
structures, and shall consult with the Architect of Record on the design and engineering
requirements of the Project. Based on such analysis and consultation, the Consultant shall submit a
professional evaluation and recommendations for the necessary areas of consideration including,
but not limited to, the items listed below:
i. Foundation support of the structure and slabs, including bearing pressures, bearing elevations,
foundation design recommendations and anticipated settlement.
ii. Anticipation of, and management of, groundwater for design of structures and pavements.
iii. Lateral earth pressures for design of walls below grade, including backfill, compaction and
subdrainage, and their requirements.
iv. Soil material and compaction requirements for site fill, construction backfill, and for the support
of structures and pavements.
v. Subgrade modules for design of pavements or slabs.
vi. Temporary excavation and temporary protection, such as excavation sheeting, underpinning and
temporary dewatering systems.
vii. Stability of slopes.
viii. Seismic activity.
ix. Frost penetration depth and effect.
x. Analysis of the effect of weather or construction equipment or both on soil during construction.
xi. Analysis of soils to ascertain presence of potentially expansive, deleterious, chemically active or
corrosive materials or conditions, or presence of gas.
xii. Evaluation of depth of material requiring rock excavation and methods of removal.
e. Report Submittal and Approval: A draft report shall be submitted to the District and Architect of
Record for review and comment prior to the preparation of a final report for submittal to the
District. Thereafter, the final report shall be prepared by the Consultant and shall comply with all
requirements of those State and Federal authorities having jurisdiction over K-12 construction. The
Consultant shall evaluate and respond to all comments in a prompt and satisfactory manner. The
Geotechnical Engineering report will be submitted by the Architect of Record to the State as part of
the DSA approval process for this project.

5. Construction Phase Services
a. Respond to all RFIs generated related to the Consultants report prepared pursuant to this RFP and
perform field observation duties as required by T-24 Part1, Sections 4-211, 4-214, 4-215, 4-216
and 4-217.
b. During performance of the Services, Consultant will keep District appraised of the status of
performance by delivering the following status reports under the indicated schedule:

STATUS REPORT FOR ACTIVITY: DUE DATE
A. Work plan and schedule for completion of services NTP + 3 days
B. Confirmation of completion of boring, drilling, sampling & testing
activities
NTP + 15 days
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Project #13-123

ND#4819-2103-6308 Exhibit F page 4 Consultant Services Agreement

C. Draft geotechnical engineering report for District review & comments NTP + 25 days
D. Final geotechnical engineering report for District approval NTP + 30 days

6. Time
The final geotechnical engineering report shall be completed and hard copies with electronic files
transmitted within 30 calendar days of the notice to proceed.

7. Accuracy Standards
Precision of the geotechnical engineering report and recommendations shall be in accordance with the
professional standard of care to be expected of professional engineers and geologists licensed to practice
within the State of California.
Not Project Related
Project #13-123

ND#4819-2103-6308 Exhibit F page 5 Consultant Services Agreement

SCOPE OF SERVICES (PART 2 OF 2) Materials Testing Laboratory & Special Inspections

The Materials Testing Laboratory & Special Inspectors Scope of Work includes, but is not limited
to, the following:

Consultant shall ensure that the materials, means, and methods utilized in the field are in accordance with
DSA approved design documents and Title 24 and its referenced standards. Consultant shall be
responsible for verifying that such materials are manufactured, fabricated, assembled, and constructed in
accordance with the approved design.

1. Qualifications and Special Inspection Services:
a. The geotechnical portions of this project shall be performed under the direction of a Geotechnical
Engineer, which shall be the Geotechnical Engineer of Record for the geotechnical portions of this
project shall be performed under the direction of a Geotechnical Engineer, which shall be the
Geotechnical Engineer of Record for the project. A technician with a nuclear gauge shall perform
density and moisture testing in the field during grading, utility trench backfilling, and pavement
operations utilizing ASTM D2922, D3017, and ASTM D1556 methods. Laboratory maximum
density and optimum moisture determination shall be performed in accordance with ASTM D1557
or D698. Asphalt pavement placement and testing shall be performed in accordance with Caltrans
methods.

2. General Scope of Services:
a. Perform a site reconnaissance, review the geotechnical engineering report for the Project, review
the drawings, and prepare a transfer of geotechnical engineer of record responsibility letter.
b. Project management, consultation during construction, and preparation of daily field, foundation
excavation observation, and final grading reports.
c. Ensure that soils conditions are in conformance to soils report.
d. Foundation inspection.
e. Caisson, drilled piers or driven piles inspection.
f. As-graded soils reports.
g. Observations and testing during site clearing and mass grading.
h. Observing the foundations excavations for structures.
i. Observation and testing during backfilling of utility trenches.
j. Observation and testing during backfilling around retaining walls.
k. Observation and testing during subgrade preparation and base rock placement in asphalt paved
areas.
l. Observation and testing during asphalt concrete placement.
m. Perform the Sampling and Testing of Materials and Testing of Work-in-Place as may be required
by the DSA Testing and Inspection Listing, and as required by the DISTRICT. The Testing shall
be performed in accordance with ASTM test methods and California test methods as appropriate.
Not Project Related
Project #13-123

ND#4819-2103-6308 Exhibit F page 6 Consultant Services Agreement

All Laboratory testing shall be accomplished in a DSA-certified laboratory. The required testing
and special inspection shall include, but not be limited to:
i. Soil, Aggregate & Asphalt
Maximum Dry Density
Expansion Index (ASTM D4318)
R-Value
Sand Equivalent
Sieve Analysis (ASTM C136)
Hveem Stability
Asphalt Extraction (ASTM 2172)
Hardness and Abrasion
Atterberg limits (ASTM 4318)
No. 200 Sieve Analysis (ASTM D422)
Specific Gravity C127lC128
Asphalt and Asphaltic Concrete Gradation (ASTM C136)
Asphalt and Asphaltic Concrete Specific Gravity (ASTM Dl 188)
Asphalt and Asphaltic Concrete Stability & Flow Marshall (ASTM Dl 559)
Asphalt and Asphaltic Concrete Abrasion (ASTM C131)
Asphalt and Asphaltic Concrete Unit Weight (ASTM D2726)
Asphalt Cores
3. Observation and Testing:
a. Observation and testing shall consist of visual observation of earthwork activities and taking field
density and moisture tests for the purpose of ascertaining that the work is in substantial
conformance with the contract documents. Such observation and testing shall not be relied upon
by others as acceptance of the work nor shall it be construed to relieve the contractor in any way
from the contractor's obligation and responsibilities under the construction contract. Specifically,
but without limitations, observation and testing shall not require the technician and engineer to
assume responsibilities for the means and methods of construction nor for safety on the jobsite.
Consultant's performance of its work shall not result in safety hazards on the site.
4. Concrete Mix Design Review:
a. Types of Inspection Services Provided. Inspection services shall be provided for concrete,
prestressed concrete, reinforcing steel and prestressing steel, batch plant, insulating concrete,
lightweight concrete, field sampling (slump, air entertainment, unit weight and yield tests),
concrete coring, proof testing (installed epoxy & non-shrink grout bolts) and proof testing
(installed wedge and expansion anchors).
b. Laboratory Review. The Consultant shall review the proposed concrete mixes in its laboratory for
conformance with the specifications.
c. Tests to be Performed. The Consultant shall perform the following tests:
i. Concrete Compression Tests
Concrete Cylinders (ASTM C29)
Concrete Cores (ASTM C39)
Lightweight Concrete (ASTM C495)
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ND#4819-2103-6308 Exhibit F page 7 Consultant Services Agreement

Insulating Concrete (ASTM C332)
ii. Concrete Flexural Tests
Flexural Test (ASTM C293lC78)
iii. Steel Reinforcing
Tensile (ASTM A61 5)
Bend (ASTM A61 5)
iv. Concrete Aggregate
Conformance Test (ASTM C33)
(Sieve Analysis, Deleterious Substances & Soundness)
5. Reinforcing Steel Placement:
a. Prior to the pours, the consultant shall inspect the reinforcing steel placement to determine that it
is according to plans and specifications. The consultant shall check:
i. Bars. Size and spacing of bars.
ii. Splices. Location and length of splices.
iii. Clearances. Check clearances.
iv. Cleanliness of Bars. Observe cleanliness of bars.
v. Spacing tolerances. Confirm spacing tolerances.
vi. Steel Support. Proper support of steel with ties.

5. Concrete Placement:
a. During the pours, the Consultant shall be on site continuously, as required by code, to monitor
placement. The Consultant shall:
i. Bar Displacement Determine that no bars are displaced during the pouring.
ii. Cleanliness of Steel. Observe cleanliness of steel.
iii. Placement. Determine adequacy of placement and vibratory equipment.
iv. Delivery Rate. Determine proper delivery rate of concrete and monitor batch times.
v. Correct Mix. Determine that the correct mix is being utilized.
vi. Slump. Monitor slump of each truck.
vii. Temperature. Record temperature of air and concrete.
viii. Cast Cylinders. Cast cylinders for compression tests at the specified frequency.
ix. Air Checks. Perform air checks, if required by specifications, during concrete placement.
x. Anchor Bolt/Dowel Installation. Observe anchor bolt/dowel installation operations to
determine hold depth, embedment and cleanliness, as well as materials and workmanship.
The Consultant shall inspect to determine that all dowels are installed in accordance with
contract documents and/or manufacturer's requirements.

6. Compression Testing:
a. The consultant shall transport all samples to CONSULTANT'S laboratory for compression testing
in strict accordance with ASTM requirements. The CONSULTANT shall distribute compression
test reports to the appropriate parties.
Not Project Related
Project #13-123

ND#4819-2103-6308 Exhibit F page 8 Consultant Services Agreement



7. Mix Design Review:
a. Grout and Mortar Mixes. The CONSULTANT shall review the proposed grout and mortar mixes
in CONSULTANT'S laboratory for conformance with the specifications.
b. Masonry Wall Prisms. During preparation of masonry wall prisms, sampling and placing of all
masonry units, placement of reinforcement, and inspection of grout space immediately prior to
closing or cleanouts and during all grouting operations.
c. Laboratory Tests. Laboratory tests shall include:
i. Masonry Compression Tests
Mortar (UBC 21 - 16)
Grout (UBC 21 - 18lASTM GI 01 9)
Masonry Prism (ASTM E447)
Masonry Cores (ASTM C42)
Shear Tests - Masonry Cores (UBC 2405(c)4.C)
Dry Shrinkage - Masonry Units (ASTM C426)
Sample Pick-up & Delivery
ii. Steel Reinforcing
Tensile (ASTM A61 5)
Bend (ASTM A61 5)
Steel Tagging, Pick-up and Delivery
iii. Concrete Aggregate
Conformance Test (ASTM C404)
(Sieve Analysis, Deleterious Substances and Soundness)

8. Duties:
a. The consultant's duties shall include the following:
i. Review mill test certifications of block and reinforcing steel.
ii. Inspect to determine size and spacing of dowels.
iii. Inspect to determine that cleanouts are provided for high-lift grouting methods.
iv. Inspect proper lay-up of block units.
v. Inspect reinforcing steel prior to grouting.
vi. Inspect dowels, anchor bolts and inserts to make sure they are in place and properly
secured prior to grouting.
vii. Inspect to determine proper consolidation of grout.
viii. Check that curing requirements are being followed.

9. Structural Steel:
a. Inspection Services. The CONSULTANT shall provide inspection services for the following:
i. Field Welding
ii. High Strength Bolting
iii. Metal Decking
iv. Welded Stud Connectors
v. Fabrication Shop
Not Project Related
Project #13-123

ND#4819-2103-6308 Exhibit F page 9 Consultant Services Agreement

b. Non-Destructive Examinations, Fabrication, Field Testing. The CONSULTANT shall provide the
following Non-Destructive Examinations (Field Testing) in strict conformance with ASTM
standards:
i. Ultrasonic Examination
ii. Magnetic Particle Examination
iii. Liquid Penetrant Examination
iv. Radiographic Examination
c. Non-Destructive Examinations, Fabrication Shop Testing. The CONSULTANT shall provide the
following Non-Destructive Examinations (Fabrication Shop Testing):
i. Ultrasonic Examination
ii. Magnetic Particle Examination
iii. Liquid Penetrant Examination
iv. Radiographic Examination
d. Laboratory Tests. Laboratory tests shall be performed on the following:
i. High strength bolts
ii. Hardness Test (ASTM A325)
iii. Tensile Strength (ASTM F606)

10. Reports
As part of the Services, Consultant will prepare and deliver the following tangible work products to
District:
a. All DSA required inspections, reporting, processes and procedures required by the DSA Testing &
Inspection Listing, and/or required by the Architect of Record.

11. Time
All DSA required reporting shall be delivered to the District concurrent with the submittal to DSA, and
pursuant to DSA required timelines. The final inspection report (DSA Form 6) shall be completed and
electronic filed within 30 calendar days of the notice of completion.

12. Accuracy Standards
Precision of the soils and materials testing and inspection reports and recommendations shall be in
accordance with the professional standard of care to be expected of professional engineers, geologists, and
inspectors licensed to practice in the State of California, and acceptable to the Architect of Record and the
Division of State Architect.
Not Project Related
Project #13-123

ND#4819-2103-6308 Exhibit G page 1 Consultant Services Agreement

EXHIBIT G
TO AGREEMENT FOR CONSULTANT SERVICES #13-123

INVOICE APPROVAL LETTER & BILLING COVER SHEET

DATE:
Project No.___: [INSERT PROJECT NAME]
Consultant: Koury Engineering & Testing, Inc. (Koury)

Koury has submitted Invoice No. _________ for review by the Districts Program Manager, Caldwell
Flores Winters, Inc. (CFW), and Assistant Superintendent of Business Services, Lisa Cline.

By signing below, a representative of Koury, hereby certifies that the invoice submitted is a true and
accurate reflection of the work performed to date, is an accurate representation of the percent work
completed for the phase identified in the invoice, and that the invoice submitted does not include any
charges for services that have been previously paid, or rejected by the District and/or CFW.



Koury Engineering & Testing, Inc. Date


The invoice has been reviewed by the following and is recommended for payment:



Caldwell Flores Winters, Inc. Date




Oxnard School District Date
Lisa Cline, Assistant Superintendent,
Business and Fiscal Services
Not Project Related
Project #13-123

ND#4819-2103-6308 Exhibit G page 2 Consultant Services Agreement


















































Not Project Related
Project #13-123

ND#4819-2103-6308 Exhibit G page 3 Consultant Services Agreement


Agreement #13-124
OXNARD SCHOOL DISTRICT
AGREEMENT FOR CONSULTANT SERVICES
(MASTER AGREEMENT GEOTECHNICAL ENGINEERING)

This Agreement for Consultant Services (Agreement) is entered into as of this 13
th
day of November,
2013 by and between the Oxnard School District (District), with offices located at 1051 South A Street, Oxnard,
CA 93030, and Construction Testing and Engineering, Inc. (Consultant) with a business address at 1645
Pacific Avenue, Suite 107, Oxnard, CA 93033. District and Consultant are sometimes hereinafter individually
referred to as Party and hereinafter collectively referred to as the Parties.
RECITALS
A. District is authorized by California Government Code Section 53060, and Board Policy 4368, to
contract with independent contractors for the furnishing of services concerning financial, economic, accounting,
engineering, legal, administrative and other matters. District has sought, by issuance of a Request for
Qualifications, the performance of certain services, with the precise scope of work to be specified at the time of
assignment of work.
B. Following submission of a Statement of Qualifications for the performance of services, Consultant
was prequalified by District to perform services on behalf of District that may be assigned, or not assigned, at the
Districts sole discretion.
C. The Parties desire to formalize the prequalification of Consultant for performance of services and
desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and
contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties
agree as follows:
1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all exhibits attached to this
Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein.
2. Master Agreement. This Agreement sets forth the basic terms and conditions between District and
Consultant. It may be supplemented from time to time with an individual Work Authorization Letter
(WAL) which shall be considered an amendment to this Agreement, and which shall be subject to all
the terms and conditions of this Agreement, and any further terms and conditions as set forth in the
WAL.
3. Scope of Services. The scope of Services to be assigned to Consultant pursuant to a WAL is further
defined in Exhibit F Scope of Services, wherein the general responsibilities of Consultant are
described pursuant to the discipline(s) for which the Consultant has been deemed prequalified by
District as described in this Agreement.
4. Agreement, Scope of Work, and Assignment of Projects. District may, from time to time, and at the
sole discretion of District, assign to Consultant specific services to be performed by Consultant (the
Services) pursuant to a WAL. The WAL assignment procedure and associated forms are set forth in
Exhibit A, which is attached hereto. This Agreement, together with the WAL, sets forth the terms and
conditions pursuant to which Consultant will perform such Services on behalf of District. The WAL
ND#4819-2103-6308 Consultant Services Agreement 2
shall particularize and describe, among other things, such project(s) for which Consultant is to perform
Services, such Services to be performed by Consultant at such project(s), the timeline for the
performance of such Services, and the compensation to be paid to Consultant for the performance of
such Services.
5. Term of Agreement. Subject to earlier termination as provided below, this Agreement shall remain in
effect from November 13, 2013 through November 12, 2018 (the Term). This Agreement may be
extended only by amendment, signed by the Parties, prior to the expiration of the Term. Such
agreement for extension shall be based upon the showing of good and sufficient cause by Consultant
that such extension(s) shall be granted. District shall not be obligated to compensate Consultant for
any additional costs if such an extension has been granted to this Agreement. Any provision for
additional compensation shall be accommodated via the WAL process as indicated in Exhibit A.
6. Time for Performance. The scope of the Services set forth in the WAL shall be completed during the
Term pursuant to the schedule specified in the WAL. If Services indicated in the WAL cannot be
completed within the schedule set forth in the WAL, or if the schedule exceeds the Term of this
Agreement, it is the responsibility of Consultant to notify District at least ninety (90) days prior to the
expiration of either, with a request for a time extension clearly identifying the cause(s) for the failure to
complete the Services within the schedule and/or the Term. Should Consultant fail to provide such
notice, and/or the Services not be completed pursuant to that schedule or within the Term, Consultant
shall be deemed to be in Default as provided below. District, in its sole discretion, may choose not to
enforce the Default provisions of this Agreement and may instead allow Consultant to continue
performing the Services.
7. Additional Services. Additional Services are services in addition to the Services set forth in the WAL
that are provided by Consultant pursuant to a written request by District. Additional Services will
require a written request or pre-authorization in writing by District following specific approval of such
services by the District Board of Trustees. It is understood and agreed that Consultant shall not
perform any Additional Services unless and until Consultant receives specific written approval for such
Additional Services from the District Board of Trustees. Any modification of the compensation to be
paid to Consultant as a result of Additional Services must be specifically approved in writing by the
District Board of Trustees. In the event that the District Board of Trustees approves in writing a
modification of the compensation, then Consultant shall be paid for such Additional Services pursuant
to Section 8, below. However, it is understood and agreed that if the cause of the Additional Services
is the sole or partial responsibility of Consultant, its agents, or any subconsultants or other parties under
the charge of Consultant, no additional compensation shall be paid to Consultant. If such conditions
exist so as to justify Additional Services as indicated above, which require additional compensation or
time in order to be performed, it is the sole responsibility of Consultant to submit a request for
Additional Services within ten (10) days of Consultants discovery of such conditions which require
Additional Services. It is understood and agreed that if Consultant performs any services that it claims
are Additional Services without receiving prior written approval from the District Board of Trustees,
Consultant shall not be paid for such claimed Additional Services.
8. Compensation and Method of Payment. This Agreement does not guarantee that District will issue a
WAL to Consultant nor does this Agreement guarantee any compensation to Consultant. This
Agreement does not create any obligation on the part of District to compensate Consultant absent a
WAL indicating compensation due to Consultant once Services are performed. Specific compensation
and payment amounts, including approved reimbursable expenses, shall be set forth in the WAL.
However, it is understood and agreed that the compensation to be paid to Consultant shall not be in
excess of or exceed the rates set forth in Exhibit B Compensation.
ND#4819-2103-6308 Consultant Services Agreement 3
a. Each month Consultant shall furnish to District an original invoice for all work performed and
expenses incurred during the preceding month for Services performed pursuant to a WAL. The invoice
shall clearly indicate the assigned project, the approved WAL, and shall detail charges by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts.
Sub-consultant charges, if any, shall be detailed by the following categories: labor, travel, materials,
equipment and supplies. District shall independently review each invoice submitted by Consultant to
determine whether the work performed and expenses incurred are in compliance with the provisions of
this Agreement and the WAL. In the event that no charges or expenses are disputed, the invoice shall
be approved and paid according to the terms set forth in subsection b. In the event any charges or
expenses are disputed by District, the original invoice shall be returned by District to Consultant for
correction and resubmission.
b. Except as to any charges for work performed or expenses incurred by Consultant which are
disputed by District, District will use its best efforts to cause Consultant to be paid within forty-five
(45) days of receipt of Consultants correct and undisputed invoice.
c. Payment to Consultant for work performed pursuant to this Agreement and a WAL shall not be
deemed to waive any defects in work performed by Consultant.
9. Responsibilities of Consultant:
a. Consultant shall perform all Services as indicated in this Agreement and the WAL to the
satisfaction of District.
b. The specific Services of Consultant to be performed shall be indicated in the WAL.
c. Consultant hereby represents and warrants that (a) it is an experienced consultant in the
discipline(s) identified in Exhibit F, having the skill and the legal and professional ability and the
flexibility necessary to perform all of the Services required under this Agreement; (b) it has the
capabilities and resources necessary to perform its obligations hereunder; (c) it is familiar with all
current laws, rules, regulations and other restrictions which are and may become applicable to the
scope of Services under this Agreement, including but not limited to all local ordinances, building
codes, and requirements of all Authorities Having J urisdiction (AHJ ) including but not limited to the
Division of State Architect (DSA), the Office of Public School Construction (OPSC), the State
Facilities Planning Division (SFPD), California Department of Education (CDE), the California
Department of General Services (DGS), the Department of Toxic Substances Control (DTSC), the
California Environmental Quality Act (CEQA), Title 24 of the California Code of Regulations, the
California Education Code, State and Local Fire Authorities, air quality districts, water quality and
control boards, and any/all other AHJ ; (d) that it will assume full responsibility for all Services
performed and all work prepared and furnished to District by its employees, agents, and subconsultants;
(e) that it has sufficient financial strength and resources to undertake and complete the Services
provided for under this Agreement within the schedule set forth in the WAL; and (f) that it certifies and
covenants that all reports, certifications, studies, analyses, and other documents prepared by Consultant
shall be prepared in accordance with all applicable laws, rules, regulations, and other requirements in
effect at the time of their preparation, or required at their time of submittal to District and or agencies.
d. Consultant shall follow accepted industry standards and practices and comply with all federal,
state, and local laws and ordinances applicable to the Services required by this Agreement and the
WAL.
10. Responsibilities of District.
ND#4819-2103-6308 Consultant Services Agreement 4
a. District will prepare and furnish to Consultant upon Consultants request, such information as is
reasonably necessary to the performance of the Services required under this Agreement and the WAL.
Consultant understands that all information provided to Consultant remains the property of District and
shall only be removed from Districts possession/premises and/or be photocopied, reproduced,
distributed, or otherwise made available to others if such activities are expressly approved in writing by
District and/or the Program Manager. Failure to comply with the above requirements shall be
reasonable cause for termination of this Agreement, and may subject Consultant to liability for
damages to District.
b. If needed by Consultant, District shall provide information as to the requirements and educational
program for each project assigned by a WAL, including approved budget and schedule limitations.
c. District shall facilitate and coordinate cooperation amongst and between District consultants,
including but not limited to architects, construction managers, surveyors, geotechnical engineers,
inspectors, testing laboratories, hazardous materials specialists, CEQA/DTSC compliance specialists,
technology experts, and any other professional consultants District deems necessary to execute the
Facilities Implementation Program. Such coordination shall include the distribution of documentation
prepared by individual consultants which may be of service to Consultant in the course of completing
the Services.
d. District shall facilitate and coordinate cooperation amongst and between District staff and
Consultant, as required to complete the Services.
e. District shall provide for the timely approval and execution of the WALs, Additional Services
requests, invoices, and any other documentation that requires District action in order for Consultant to
complete the Services.
11. Suspension. District may, for any reason or no reason, in Districts sole discretion, suspend all or a
portion of this Agreement, the WAL, or the Services by giving ten (10) calendar days written notice of
suspension to Consultant. In the event such notice is given, Consultant shall cease immediately all
work in progress. If District suspends the Services for a period of ninety (90) consecutive calendar
days or more and, in addition, if such suspension is not caused by Consultant or the acts or omissions
of Consultant, then if the Services are resumed, Consultants compensation shall be subject to
adjustment to provide for actual direct costs and expenses incurred by Consultant as a direct result of
the suspension and resumption by District of the Services.
12. Termination. This Agreement, the WAL, or the Services may be terminated at any time by mutual
agreement of the Parties or by either Party as follows:
a. District may terminate all or a portion of this Agreement, the WAL, or the Services without cause
at any time by giving ten (10) calendar days written notice of termination to Consultant. In the event
such notice is given, Consultant shall cease immediately all work in progress; or
b. District may terminate all or a portion of this Agreement, the WAL, or the Services for cause in the
event of a Default by giving written notice pursuant to Section 15, below; or
c. Consultant may terminate this Agreement or the WAL at any time upon thirty (30) calendar days
written notice if District fails to make any undisputed payment to Consultant when due and such failure
remains uncured for forty-five (45) calendar days after written notice to District.
ND#4819-2103-6308 Consultant Services Agreement 5
13. Similar or Identical Services. In the event that this Agreement, the WAL, or any of the Services are
terminated in whole or in part as provided herein, District may procure, upon such terms and in such
manner as District may determine appropriate, services similar or identical to those terminated to
complete any unfinished Services or new services as needed by District.
14. Inspection and Final Acceptance. District acceptance of any of work or Services, whether specifically
in writing or by virtue of payment, shall not constitute a waiver of any of the provisions of this
Agreement or the WAL including, but not limited to, indemnification and insurance provisions.
15. Default. Failure of Consultant to perform any Services or comply with any provisions of this
Agreement or the WAL constitutes a Default. District may terminate all or any portion of this
Agreement, the WAL, or the Services for cause in the event of a Default. The termination shall be
effective if Consultant fails to cure such Default within thirty (30) calendar days following issuance of
written notice thereof by District, or if the cure by its nature takes longer, fails to commence such cure
within thirty (30) calendar days from the date of issuance of the notice and diligently prosecutes such
cure to the satisfaction of District. If Consultant has not cured the Default, District may hold all
invoices and may choose to proceed with payment on said invoices only after the Default is cured to
Districts satisfaction. In the alternative, District may, in its sole discretion, during the period before
Consultant has cured the Default, elect to pay any portion of outstanding invoices that corresponds to
Services satisfactorily rendered. Any failure on the part of District to give notice of Consultants
default shall not be deemed to result in a waiver of Districts legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to Districts termination rights set forth above, District shall have (i) the right to cure
Consultants Default at Consultants cost, in which case all amounts expended by District in connection
with such cure shall accrue interest from the date incurred until repaid to District by Consultant at the
rate of ten percent (10%) per annum; and (ii) all other rights and remedies available to District at law
and in equity, including, without limitation, an action for damages. District shall have the right to
retain unpaid earned balances to offset damages, and/or charge Consultant for all damages above and
beyond unpaid balance of WAL.
16. Ownership of Documents. All maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any Services pursuant to this Agreement or the WAL
(collectively and individually, the Documents) shall become the sole property of District and may be
used, reused or otherwise disposed of by District without the permission of Consultant. Upon
completion, expiration or termination of this Agreement or the WAL, Consultant shall turn over to
District all such Documents.
17. Use of Documents by District. If and to the extent that District utilizes for any purpose not related to
this Agreement or the WAL any Documents, Consultants guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
18. Consultants Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultants performance of Services pursuant to this Agreement or the
WAL for a minimum of four years after termination or expiration of this Agreement and the WAL, or
longer if required by law. Such records shall include at minimum a detailed record of daily
performance, staff time records, subconsultants time records, documentation of all costs incurred by
Consultant that were billed to District, and detailed records of all Consultant fees, overhead, and profit
on earned amounts.
ND#4819-2103-6308 Consultant Services Agreement 6
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled
checks, or other documents or records evidencing or relating to work, services, expenditures and
disbursements charged to District pursuant to this Agreement or the WAL for a minimum of four years,
or longer if required by law, all in accordance with generally accepted accounting principles and with
sufficient detail so as to permit an accurate evaluation of the Services provided by Consultant pursuant
to this Agreement or the WAL.
b. Any and all such records or documents shall be made available for inspection, audit and copying, at
any time during regular business hours, upon request by District or its designated representative.
Copies of such documents or records shall be provided directly to District for inspection, audit and
copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such
documents and records shall be made available at Consultants address indicated for receipt of notices
in this Agreement.
c. District has the right to acquire custody of such records by written request if Consultant decides to
dissolve or terminate its business. Consultant shall deliver or cause to be delivered all such records and
documents to District within sixty (60) days of receipt of the request.

19. Independent Contractor. Consultant is retained as an independent contractor and is not employed by
District. No employee or agent of Consultant shall become, or be considered to be, an employee of
District for any purpose. It is agreed that District is interested only in the results obtained from the
Services under this Agreement and the WAL and that Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the Services required under this
Agreement and the WAL. Consultant shall complete this Agreement and the WAL according to its
own methods of work which shall be in the exclusive charge and control of Consultant and which shall
not be subject to control or supervision by District except as to results of the Services. Consultant shall
provide all of its own supplies, equipment, facilities, materials, manpower, and any/all other resources
that may become necessary in the course of completing the Services. It is expressly understood and
agreed that Consultant and its employees shall in no event be entitled to any benefits to which District
employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation,
workers compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultants employees wages, payroll taxes, employee benefits and any
amounts due for federal and state income taxes and Social Security taxes since these taxes will not be
withheld from payments under this Agreement or the WAL.
a. The personnel performing the Services under this Agreement and the WAL on behalf of Consultant
shall at all times be under Consultants exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultants
officers, employees, or agents are in any manner officials, officers, employees or agents of District.
b. Consultant shall have no authority to bind District in any manner, or to incur any obligation, debt
or liability of any kind on behalf of or against District, whether by contract or otherwise, unless such
authority is expressly conferred in writing by District, or under this Agreement.
20. Standard of Performance. Consultant represents and warrants that it has the skill, qualifications,
experience and facilities necessary to properly perform the Services required under this Agreement and
the WAL in a thorough, competent and professional manner. Consultant represents and warrants that
its employees and subcontractors have all legally required licenses, permits, qualifications and
approvals necessary to perform the Services and that all such licenses and approvals shall be
maintained throughout the term of this Agreement and the WAL. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all Services
ND#4819-2103-6308 Consultant Services Agreement 7
described herein and the WAL. In meeting its obligations under this Agreement and the WAL,
Consultant shall employ, at a minimum, the standard of care utilized by persons engaged in providing
services similar to those required of Consultant under this Agreement and the WAL for California
school districts in or around the same geographic area of District (the Standard of Performance).
21. Confidential Information. All information gained during performance of the Services and all
Documents or other work product produced by Consultant in performance of this Agreement and the
WAL shall be considered confidential (confidential information). Consultant shall not release or
disclose any such confidential information, Documents or work product to persons or entities other
than District without prior written authorization from the Superintendent of District and/or Program
Manager, except as may be required by law. Confidential information does not include information
that: (i) Consultant had in its possession prior to considering entering into this Agreement; (ii) becomes
public knowledge through no fault of Consultant; (iii) Consultant lawfully acquires from a third party
not under an obligation of confidentiality to the disclosing party; or (iv) is independently developed by
Consultant without benefit of the information provided by District. In connection with confidential
information:
a. Consultant shall promptly notify District if it is served with any summons, complaint, subpoena or
other discovery request, court order or other request from any party regarding this Agreement or the
WAL or the Services performed hereunder or the WAL.
b. District retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to
provide District with the opportunity to review any response to discovery requests provided by
Consultant; provided that this does not imply or mean the right by District to control, direct, or rewrite
said response.
22. Conflict of Interest; Disclosure of Interest. Consultant covenants that neither it, nor any officer or
principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of District or which would in any way hinder Consultants performance of the
Services under this Agreement or the WAL. Consultant further covenants that in the performance of
this Agreement and the WAL, no person having any such interest shall be employed by it as an officer,
employee, agent or subcontractor without the express written consent of District. Consultant agrees to
at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of
District in the performance of this Agreement and the WAL.
a. Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E, as hereinafter amended or renumbered,
require that a consultant that qualifies as a designated employee must disclose certain financial
interests by filing financial interest disclosures. By its initials below, Consultant (i) represents that it
has received and reviewed a copy of the Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E and
that it [____] does [X] does not qualify as a designated employee; and (ii) agrees to notify District, in
writing, if Consultant believes that it is a designate employee and should be filing financial interest
disclosures, but has not been previously required to do so by District.
______ (Initials)
23. Compliance with Applicable Laws. In connection with the Services and its operations, Consultant
shall keep itself informed of and comply with all applicable federal, state and local laws, statutes,
codes, ordinances, regulations and rules including, but not limited to, minimum wages and/or
prohibitions against discrimination, in effect during the Term. Consultant shall obtain any and all
licenses, permits and authorizations necessary to perform the Services. Neither District, nor any
ND#4819-2103-6308 Consultant Services Agreement 8
elected or appointed boards, officers, officials, employees or agents of District shall be liable, at law or
in equity, as a result of any failure of Consultant to comply with this section.
a. Without limiting the generality of the foregoing, Consultant, unless exempted, shall comply with
the requirements of Education Code Section 45125.1 with respect to fingerprinting of employees who
may have contact with Districts pupils. Consultant must complete Districts certification form,
attached herein as Exhibit E, prior to any of Consultants employees coming into contact with any of
Districts pupils. Consultant also agrees to comply with all other operational requirements of District,
as may be revised from time to time, including but not limited to any obligations relating to vaccination
or testing for infectious diseases.
______ (Initials)
24. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of
the Federal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seq., as amended, and in
connection therewith, shall not employ unauthorized aliens as that term is defined in 8 U.S.C.A.
1324a(h)(3). Should Consultant so employ such individuals for the performance of work and/or
Services covered by this Agreement or the WAL, and should any liability or sanctions be imposed
against District for such employment, Consultant hereby agrees to and shall reimburse District for the
cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys'
fees, incurred by District.
25. Non-Discrimination. Consultant shall abide by the applicable provisions of the United States Civil
Rights Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in
any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex,
sexual orientation, age, physical handicap, medical condition or marital status in connection with or
related to the performance of this Agreement or the WAL.
26. Disabled Veteran Business Enterprise Participation. Pursuant to Education Code section 17076.11,
District has a participation goal for disabled veteran business enterprises (DVBEs) of at least three (3)
percent, per year, of funds expended each year by District on projects that use funds allocated by the
State Allocation Board pursuant to the Leroy F. Greene School Facilities Act. Unless waived in
writing by District, Consultant shall provide proof of DVBE compliance, in accordance with any
applicable policies of District or the State Allocation Board, within thirty (30) days of its execution of
this Agreement
27. Assignment. The expertise and experience of Consultant are material considerations for this
Agreement and the WAL. District has an interest in the qualifications of and capability of the persons
and entities that will fulfill the duties and obligations imposed upon Consultant under this Agreement
and the WAL. In recognition of that interest, Consultant shall not assign or transfer this Agreement or
any portion of this Agreement or any portion of the WAL or the performance of any of Consultants
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by Districts Board of Trustees. Any attempted assignment shall be ineffective,
null and void, and shall constitute a material breach of this Agreement and the WAL entitling District
to any and all remedies at law or in equity, including summary termination of this Agreement and the
WAL.
28. Subcontracting. Notwithstanding the above, Consultant may utilize subcontractors in the performance
of its duties pursuant to this Agreement and the WAL, but only with the prior written consent of
District. Consultant shall be as fully responsible to District for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by Consultants subcontractors, as
if the acts and omissions were performed by Consultant directly.
ND#4819-2103-6308 Consultant Services Agreement 9
29. District Administrator. Lisa Franz shall be in charge of administering this Agreement on behalf of
District, (the Administrator) provided that any written notice or any consent, waiver or approval of
District must be signed by the Superintendent or a designated employee of District to be valid. The
Administrator has completed Exhibit D Conflict of Interest Check attached hereto.
30. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultants staff and subcontractors consistent with the staff proposed as part of the
Statement of Qualifications, if any, assigned to perform Services under this Agreement and the WAL.
a. Consultant shall provide District and the Administrator a list of all personnel and subcontractors
providing Services and shall maintain said list current and up to date at all times during the Term. The
list shall include the following information: (1) all full or part-time staff positions by title, including
volunteer positions whose direct services are required to provide the Services; (2) a brief description of
the functions of each such position and the hours each position works each week or, for part-time
positions, each day or month, as appropriate; (3) the professional degree, if applicable, and experience
required for each position; and (4) the name of the person responsible for fulfilling the terms of this
Agreement and the WAL.
31. Indemnification. To the fullest extent permitted by law, Consultant shall defend and indemnify
District and its officials, elected board members, employees and agents (Indemnified Parties) from
and against all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, its officers, employees, consultants, subcontractors, or agents, pursuant
to this Agreement and/or the WAL, but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of any of the Indemnified Parties.
a. Consultant agrees to obtain executed indemnity agreements with provisions identical to the above
from each and every subcontractor retained or employed by Consultant in the performance of this
Agreement and the WAL. Failure of District to monitor compliance with these requirements imposes
no additional obligations on District and will in no way act as a waiver of any rights hereunder.
Consultants obligation to indemnify and defend District as set forth above is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and the
WAL.
______ (Initials)
32. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit C Insurance and made a part of this
Agreement. All insurance policies shall be subject to approval by District as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the District
Superintendent.
33. Notices. All notices required or permitted to be given under this Agreement or the WAL shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and
return receipt requested, addressed as follows:
To District: Oxnard School District
1051 South A Street
Oxnard, California, 93030
Attention: Lisa Cline
Assistant Superintendent, Business & Fiscal Services
Re: [Insert Project Name]
ND#4819-2103-6308 Consultant Services Agreement 10
With electronic copy to: Caldwell Flores Winters, Inc.
Oxnard School District Program Manager
6425 Christie Ave., Suite 270
Emeryville, California 94608
Attention: Yuri Calderon
T: 510-596-8170
Email: ycalderon@cfwinc.com
To Consultant: Construction Testing and Engineering, Inc.
1645 Pacific Avenue, Suite 107
Oxnard, CA 93033
Attention: Michael Molina
T: (805) 486-6475
Email: mmolina@cte-inc.net
All notices, demands, or requests to be given under this Agreement or the WAL shall be given in writing and
conclusively shall be deemed received when delivered in any of the following ways: (i) on the date delivered if
delivered personally; (ii) on the date sent if sent by facsimile transmission and confirmation of transmission is
received; (iii) on the date it is accepted or rejected if sent by certified mail; and (iv) the date it is received if sent by
regular United States mail.
34. Excusable Delays. Neither Party will be liable to the other for unanticipated delays or failures in
performance resulting from causes beyond the reasonable control of that Party, including, but not
limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war,
governmental regulations, communications or utility failures, or casualties; provided that the delayed
Party: (i) gives the other Party prompt written notice of such cause; and (ii) uses its reasonable efforts
to correct such failure or delay in its performance. The delayed Party's time for performance or cure
under this section will be extended for a period equal to the duration of the cause or sixty (60) days,
whichever is less.
35. Entire Agreement; Binding Effect. This Agreement including Exhibits hereto, contains the entire
understanding of the Parties, and supersedes all other written or oral agreements. Consultant shall be
entitled to no other benefits other than those specified herein. No changes, amendments or alternations
shall be effective unless in writing and signed by both Parties and approved by Districts Board of
Trustees. Consultant specifically acknowledges that in entering into this Agreement, Consultant relied
solely upon the provisions contained in this Agreement and no others. This Agreement shall be
binding upon the heirs, executors, administrators, successors and assigns of the Parties.
36. Amendment. No changes, amendments to or modifications of this Agreement or the WAL shall be
valid, effective or binding unless made in writing and signed by both Parties and approved by the
Districts Board of Trustees. The Parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
37. Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement or the WAL shall
not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of
the provisions of this Agreement or the WAL shall not constitute a waiver of any other provision or a
waiver of any subsequent breach or violation of any provision of this Agreement or the WAL. None of
the provisions of this Agreement or the WAL shall be considered waived by either Party unless such
waiver is specifically specified in writing. Neither Districts review, approval of, nor payment for, any
of the Services required under this Agreement or the WAL shall be construed to operate as a waiver of
ND#4819-2103-6308 Consultant Services Agreement 11
any rights under this Agreement or the WAL, and Consultant shall remain liable to District in
accordance with this Agreement and the WAL for all damages to District caused by Consultants
failure to perform any of the Services to the Standard of Performance. This provision shall survive the
termination of this Agreement and the WAL.
38. Governing Law. This Agreement and the WAL shall be interpreted, construed and governed
according to the laws of the State of California. With respect to litigation involving this Agreement,
the WAL or the Services, venue in state trial courts shall lie exclusively in the County of Ventura,
California.
39. Severability. If any term, condition or covenant of this Agreement or the WAL is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement and the WAL shall not be affected thereby and the Agreement and WAL
shall be read and construed without the invalid, void or unenforceable provision(s).
40. Authority to Execute. The person or persons executing this Agreement on behalf of Consultant
represents and warrants that he/she/they has/have the authority to so execute this Agreement and to
bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, District and Consultant have executed and delivered this Agreement for
consultant services as of the date first written above.

OXNARD SCHOOL DISTRICT: CONSTRUCTION TESTING & ENGINEERING
INC.:



Signature Signature

Lisa A. Franz, Director, Purchasing
Typed Name/Title Typed Name/Title


Date Date

Tax Identification Number: 95-6002318 Tax Identification Number:

Not Project Related
Project #13-124


ND#4819-2103-6308 Exhibit A page 1 Consultant Services Agreement

EXHIBIT A
TO AGREEMENT FOR CONSULTANT SERVICES #13-124

WORK AUTHORIZATION PROCEDURES

1. Assignment of Work Authorization
1.1. Request For Proposal (RFP): At the sole discretion of District, one or more prequalified
professional services consultants shall be solicited with a Request For Proposal (RFP) for a
specific lump sum fixed fee proposal for defined Services to be complete within a defined timeline.
For a proposal to be valid it must clearly acknowledge the complete Services requested by District
and must include a lump sum fixed fee amount to complete all defined Services, a clearly defined
schedule for completion of Services which meets the required timeline defined by District and
shows final completion to occur within the Term of this Agreement.

1.2. Evaluation of Proposal: Districts Program Manager, in consultation with District, shall review each
proposal for validity, accuracy, competitiveness, and overall quality of the Services proposed to be
performed. In the case where more than one firm is solicited for a scope of defined Services, the
Program Manager shall evaluate each proposal thoroughly based on predetermined, objective
criteria to ensure a just and fair review of all proposals.

1.3. Selection of Consultant: Following evaluation of proposals, the consultant whose proposal exhibits
the best value for the benefit of District shall be recommended to the Superintendent for approval.

1.4. Work Authorization Letter (WAL): With the approval of the District Superintendent, the Program
Manager shall issue a Work Authorization Letter (WAL) to the selected consultant to perform the
defined Services as indicated in the RFP, for the lump sum fixed fee amount reflected in the
proposal, with all Services to complete within the timeline indicated in the RFP, and the Term set
forth in this Agreement. District retains the right to negotiate all terms of the WAL subsequent to
the receipt of proposal(s) in order to clarify the scope of Services, and/or make any adjustments to
the fee amount and required schedule prior to issuance of the WAL. The WAL shall be considered
a binding agreement, and amendment to this Agreement, once executed by Consultant, approved by
the District Board of Trustees, and executed by the Superintendent.

1.5. Performance of Services Set Forth in the WAL: Performance of Services set forth in the WAL shall
not commence until final approval by the District Superintendent and Board of Trustees, unless
expressly authorized by the District Superintendent and Program Manager. During the course of
completing the Services, Consultant shall comply will all provisions of this Agreement and the
WAL. All Services set forth in the WAL shall be completed within the schedule set forth in the
WAL.

1.6. Close Out of WAL Services: Upon completion of all Services required by the WAL, Consultant
shall submit all required close-out documentation, certifications, records, reports, warranties, and
any other information required or requested by District prior to submitting Consultants invoice for
final payment.

1.7. WAL Form: See next page for sample Work Authorization Letter.
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ND#4819-2103-6308 Exhibit A page 2 Consultant Services Agreement

Not Project Related
Project #13-124

ND#4819-2103-6308 Exhibit B page 1 Consultant Services Agreement

EXHIBIT B
TO AGREEMENT FOR CONSULTANT SERVICES #13-124
COMPENSATION & RATE/FEE SCHEDULE

I. The following rates of pay shall apply in the performance of the Services under this Agreement and the
WAL:
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Project #13-124

ND#4819-2103-6308 Exhibit B page 2 Consultant Services Agreement




Not Project Related
Project #13-124

ND#4819-2103-6308 Exhibit B page 3 Consultant Services Agreement

II. Consultant may utilize subcontractors as permitted in the Agreement and the WAL. The hourly rate for
any subcontractor shall be consistent with the rate and fee schedule indicated in Section I above, unless
other direction is provided with written authorization from District Superintendent or his/her designee.

III. Claims for reimbursable expenses shall be documented by appropriate invoices and supporting receipts.
Consultant may be reimbursed for those reasonable out-of-pocket expenses set forth below that are
incurred and paid for by Consultant beyond the typical obligations under this Agreement and the WAL,
but only to the extent that such expenses are directly related to Services satisfactorily completed, are
approved by District in writing and do not cause the amounts paid to Consultant to exceed the amounts
allowed under this Agreement and the WAL. No mark-up of any expense is permitted. The following is
the EXCLUSIVE list of reimbursable expenses:

A. Travel and Mileage. Consultant must request the travel in writing and justify why the travel
should be reimbursed. Travel expenses must be approved in writing by District, in its sole discretion.
Trips from any Consultants office to Districts office or to the subject project site will not be
approved for reimbursement.

B. Reimbursable Reprographic Services. Print sets or copies requested in writing by District beyond
the quantities required under the WAL.

C. Fees for Subcontractors. Fees for subcontractors hired and paid by Consultant at the written
request of District and are permitted in the Agreement and the WAL.

D. Fees advanced for securing approval of public agencies having jurisdiction over any project
hereunder.

IV. Consultant shall provide to District a complete Schedule of Values (SOV), identifying major work
activities required to complete the authorized scope of work. All invoices must reflect the appropriate
progress percentage for each SOV item billed, to be verified by District. District will compensate
Consultant for the Services performed upon approval by District of a valid and complete invoice, in form
and substance acceptable to District. See Exhibit G for required Invoice Approval Form and Billing
Cover Sheet. The Billing Cover Sheet shall reflect the approved SOV. In connection with Services that
are only partially completed at the time an invoice is paid, notwithstanding any provision of the
Agreement, the WAL, or any other document, payment of the invoice does not constitute acceptance of
the partially completed work or Service. Each invoice is to include:

A. Billing Cover Sheet/SOV with all appropriate progress percentages identified toward completion of the
Services.
B. Acceptable back-up for billings shall include, but not be limited to:
a. Records for all personnel describing the work performed, the number of hours worked, and the
hourly rate, for all time charged to the Services.
b. Records for all supplies, materials and equipment properly charged to the Services.
c. Records for all travel pre-approved by District and properly charged to the Services.
d. Records for all subcontractor labor, supplies, equipment, materials, and travel properly charged
to the Services.

Unless otherwise directed by District, in writing, completed invoices are to be submitted to the attention of the
Director of Purchasing and the Assistant Superintendent, Business and Fiscal Services. To be considered complete,
the invoice packet shall include all back-up documentation required by District and sign-off from District staff,
Program Manager or project manager assigned by District to supervise the Services.
Not Project Related
Project #13-124

ND#4819-2103-6308 Exhibit B page 4 Consultant Services Agreement


V. The total compensation for the Services shall be provided for in the WAL(s) issued subsequent to this
Agreement.

VI. Compensation Upon Termination. In the event that District suspends or terminates this Agreement, the
WAL or any of the Services pursuant to Section 11 or Section 12a of the Agreement, District will pay
Consultant as provided herein and the WAL for all Services and authorized Additional Work actually
performed, and all authorized reimbursable expenses actually incurred and paid, under and in accordance with
this Agreement and the WAL, up to and including the date of suspension or termination; provided that such
payments shall not exceed the amounts specified in the Agreement and the WAL as compensation for the
Services completed, plus any authorized Additional Work and authorized reimbursable expenses completed
prior to suspension or termination. No payment for demobilization shall be paid unless District at its sole
discretion determines that demobilization or other compensation is appropriate. After a notice of termination is
given, Consultant shall submit to District a final claim for payment, in the form and with certifications
prescribed by District. Such claim shall be submitted promptly, but in no event later than forty (40) calendar
days after the Termination Date specified on the notice of termination. Such payment shall be Consultants
sole and exclusive compensation and District shall have no liability to Consultant for any other compensation
or damages, including without limitation, anticipated profit, prospective losses, legal fees or costs associated
with legal representation or consequential damages, of any kind.



















Not Project Related
Project #13-124

ND#4819-2103-6308 Exhibit C page 1 Consultant Services Agreement


EXHIBIT C
TO AGREEMENT FOR CONSULTANT SERVICES #13-124


INSURANCE

I. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to District
Superintendent or District Counsel, in full force and effect throughout the Term of this Agreement and the WAL,
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, subcontractors, representatives and/or employees.
Insurance is to be placed with insurers authorized to conduct business in the State of California and with a current
A.M. Best's rating of no less than A, as rated by the current edition of Bests Key Rating Guide, published by A.M.
Best Company, Oldwick, New J ersey 08858. Consultant shall provide the following scope and limits of insurance:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability coverage of not less than two million dollars ($2,000,000)
aggregate and one million dollars ($1,000,000) per occurrence.

(2) Auto liability insurance with limits of not less than one million dollars ($1,000,000).

(3) Insurance coverage should include:

1. owned, non-owned and hired vehicles;
2. blanket contractual;
3. broad form property damage;
4. products/completed operations; and
5. personal injury.

(4) Workers' Compensation insurance as required by the laws of the State of California.

(5) Abuse and Molestation coverage of not less than two million dollars ($2,000,000) per
occurrence and five million dollars ($5,000,000) aggregate.

(6) Professional liability (Errors and Omissions) insurance, including contractual liability, as
appropriate to the Consultants profession, in an amount of not less than the following:

Accountants, Attorneys, Education Consultants, $1,000,000
Nurses, Therapists

Architects $1,000,000 or $2,000,000

Physicians and Medical Corporations $5,000,000

Failure to maintain professional liability insurance is a material breach of this Agreement and the WAL and
grounds for immediate termination

II. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
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Project #13-124

ND#4819-2103-6308 Exhibit C page 2 Consultant Services Agreement


A. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the
coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in
coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been
given to District

B. General Liability, Automobile Liability, and Abuse/Molestation Coverages.

(1) District, and its respective elected and appointed officers, officials, employees and
volunteers are to be covered as additional insureds (collectively, additional insureds) as respects the following:
liability arising out of activities and/or Services Consultant performs; products and completed operations of
Consultant; premises owned, occupied or used by Consultant; automobiles owned, leased, hired or borrowed by
Consultant, and Abuse/Molestation. The coverage shall contain no special limitations on the scope of protection
afforded to additional insureds.

(2) Each policy shall state that the coverage provided is primary and any insurance carried by
any additional insured is in excess to and non-contributory with Consultants insurance.

(3) Consultants 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.

(4) Any failure to comply with the reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to any additional insured.

III. Other Requirements. Consultant agrees to deposit with District, at or before the effective date of this
Agreement and the WAL, certificates of insurance necessary to satisfy District that the insurance provisions of this
Agreement have been complied with. District may require that Consultant furnish District with copies of original
endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. District reserves the right to inspect complete,
certified copies of all required insurance policies, at any time.

A. If any Services are performed by a subcontractor, Consultant shall furnish certificates and
endorsements from each subcontractor identical to those Consultant provides.

B. Any deductibles or self-insured retentions must be declared to and approved by District. At the
option of District, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
District or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses
and claims.

C. The procuring of any required policy or policies of insurance shall not be construed to limit
Consultants liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.


Not Project Related
Project #13-124

ND#4819-2103-6308 Exhibit D page 1 Consultant Services Agreement

EXHIBIT D
TO AGREEMENT FOR CONSULTANT SERVICES #13-124
CONFLICT OF INTEREST CHECK

Bylaws of the Board 2030(C)E requires that the Superintendent or a designee make a determination, on a case by
case basis, concerning whether disclosure will be required from a consultant to comply with Districts Conflict of
Interest Code (commencing with Bylaws of the Board 2030 BB).

Consultants are required to file disclosures when, pursuant to a contract with District, Consultant will make certain
specified government decisions or will perform the same or substantially the same duties for District as a staff
person would.


The services to be performed by Consultant under the Agreement to which this Exhibit D is attached [] constitute
[X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code.
Therefore, Consultant, [] is [X] is not subject to disclosure obligations.


Date:

By:
Lisa A. Franz
Director, Purchasing


Not Project Related
Project #13-124

ND#4819-2103-6308 Exhibit E page 1 Consultant Services Agreement

EXHIBIT E
TO AGREEMENT FOR CONSULTANT SERVICES #13-124

BACKGROUND CHECK AND FINGERPRINTING PROCEDURES
FOR CONTRACTORS

The successful Bidder will be required to assure that its employees, subcontractors of any tier, material
suppliers, and consultants do not have direct contact with the Districts students during the performance
of the Contract in compliance with Education Code 45125.1 and 45125.2. To assure these provisions,
the successful Bidders supervisor shall be fingerprinted, and proof of same shall be provided to the
District prior to start of on-site work. The supervisor will monitor the workers conduct while on school
grounds. In addition, the successful Bidder shall barricade the Work area to separate its workers from the
students. Costs associated with this process are the responsibility of the successful Bidder.

The Contractors construction supervisors or their unsupervised employees who will be working outside
of fenced areas during the school hours must have submitted a fingerprint identification card to the
Department of J ustice (DOJ ) and have a proof of clearance in the form of an affidavit filed in the Oxnard
School Districts Purchasing Office prior to the start of the Work.

California Education Code 45125.1 and 45125.2 require that criminal checks be completed for
contractors (Contracting Firm) who provide architectural, construction, janitorial, administrative,
landscape, transportation, food-related, or other similar services to school districts.

The undersigned does hereby certify to the Board of Trustees of the Oxnard School District as follows:

That I am a representative of the Contractor currently under contract (Contract) with the District; that I
am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on
behalf of Contractor.

Contractor certifies that it has taken the following actions with respect to the construction Project that is
the subject of the Contract:

1. Pursuant to Education Code 45125.2, Contractor has installed or will install, prior to
commencement of Work, a physical barrier at the Work Site, which will limit contact between
Contractors employees and District pupils at all times (mandatory for all Projects); AND

2. The Contractor has complied with the fingerprinting requirements of Education Code 45125.1
with respect to all Contractors employees and all of its subcontractors employees who may have contact
with District pupils in the course of providing services pursuant to the Contract, and the California
Department of J ustice has determined that none of those employees has been convicted of a felony, as that
term is defined in Education Code 45122.1. A complete and accurate list of Contractors employees and
of all its subcontractors employees who may come in contact with District pupils during the course and
scope of the Contract is attached hereto; AND/OR

Not Project Related
Project #13-124

ND#4819-2103-6308 Exhibit E page 2 Consultant Services Agreement

3. Pursuant to Education Code 45125.2, Contractor certifies that all employees will be under the
continual supervision of, and monitored by, an employee of the Contractor who the California Department
of J ustice has ascertained has not been convicted of a violent or serious felony. The name and title of
each employee who will be supervising Contractors employees and its subcontractors employees is:

Name: _____________________________________

Title: ______________________________________

AND/OR

4. The Work on the Contract is at an unoccupied school site and no employee and/or subcontractor or
supplier of any tier of Contract shall come in contract with District pupils.

Contractors responsibility for background clearance extends to all of its employees, Subcontractors, and
employees of Subcontractors coming into contact with District pupils regardless of whether they are
designated as employees or acting as independent contractors of the Contractor.

Date: _________

Proper Name of Contractor: ______________________________________

Signature: _________________________

By: ______________________________________

Its: ______________________________________
Not Project Related
Project #13-124

ND#4819-2103-6308 Exhibit F page 1 Consultant Services Agreement

EXHIBIT F
TO AGREEMENT FOR CONSULTANT SERVICES #13-124

SCOPE OF SERVICES (PART 1 OF 2) GEOTECHNICAL ENGINEERING

The Geotechnicals Scope of Work includes, but is not limited to, the following:

Consultant shall ensure that project design documents are representative of actual soils conditions,
including bearing capacity and recommended slab and foundation designs. The geotechnical engineer
will also be required to monitor certain construction activities, as determined by the architect of record,
and to confirm that construction activities were performed satisfactorily and achieved required
compaction.

1. Borings:
a. The location and depth of the proposed borings proposed by the Consultant shall be submitted by
the Consultant for District approval. Quantity and locations of proposed borings must be adequate
to satisfy requirements of any and all state and federal agencies, laws and regulations governing
K12 construction. If the Consultant finds it necessary to change the location or depth of any of
these proposed borings, the Architect of Record shall be notified and a new location or depth shall
be agreed upon between the Architect and the Consultant.
b. If unusual conditions are encountered, including but not limited to unanticipated materials which
cannot be penetrated by standard sampling equipment, the Consultant shall immediately consult
with the Architect of Record for the Project.
c. The Consultant shall advise the Architect of Record as to any further exploration and testing
required to obtain information that the Consultant requires for a professional interpretation of
subsoil conditions at the building site and shall perform such additional work as authorized by the
Owner after consultation with the Architect of Record. The extent of exploration undertaken shall
be consistent with the scope of the Project as indicated by the information given above and by any
drawings attached hereto.
d. Unless otherwise stipulated, drilling and sampling will be performed in accordance with current
applicable ASTM (American Society of Testing and Materials) standards and other standards,
including, but not limited to ASTM standards D1586, D1587 and D2113.
e. The field logs and boring maps shall be prepared either by a Geotechnical Engineer or by an
experienced soils technician acting under the supervision of a Geotechnical Engineer. All samples
shall be preserved by the Consultant until all foundations are complete and accepted by DSA.

2. Drilling and sampling methods and protection of property:
a. The Consultant shall contact the Owner and all utility companies for information regarding buried
utilities and structures and shall take all reasonable precautions to prevent damage to property both
visible and concealed. All drilling and digging locations shall be coordinated with verified
underground utility locations to avoid damaging existing infrastructure and/or utilities. Consultant
is responsible for any and all impacts, damages, and delays caused by boring operations that
damage existing infrastructure and/or utilities. The Consultant shall reasonably restore the site to
the condition existing prior to the Consultant's entry and work. Such restoration shall include, but
not be limited to, backfilling of borings, patching of slabs and pavements, and repair of lawns and
Not Project Related
Project #13-124

ND#4819-2103-6308 Exhibit F page 2 Consultant Services Agreement

plantings. Each boring should be temporarily plugged, pending additional groundwater readings.
At the completion of the groundwater readings, the borings shall be permanently plugged,
including patching of slabs and pavements.
b. Again, field logs and boring maps shall be prepared either by a Geotechnical Engineer or by an
experienced soils technician acting under the supervision of a Geotechnical Engineer. All samples
shall be preserved by the Consultant until all foundations are complete and accepted by DSA.

3. Percolation Testing:
a. The Consultant shall perform percolation testing at a minimum of three (3) locations agreed upon
between the District, Architect of Record, and Consultant.

As part of the Services, Consultant will prepare and deliver the following tangible work products to
District:

4. Reports
a. The Consultant shall prepare both draft and final reports reflecting the results of all investigation,
analysis, study and findings. The reports shall be prepared on white paper, 8 1/2 x 11 inches,
suitable for photocopying, and shall be bound in booklet form.
b. The Consultant shall prepare reports in accordance with the items listed below:
i. All data required to be recorded according to the ASTM standards or other standard test methods
employed shall be obtained, recorded in the field and referenced to boring numbers; soil shall be
classified in the field logs in accordance with applicable ASTM standards and other standards,
including, but not limited to, ASTM standard D2488. Classification for final logs shall be based
on field information, results of tests, and further inspection of samples in the laboratory by the
Geotechnical Engineer preparing the reports. The Report shall:
Include a chart illustrating the soil classification criteria and the terminology and symbols used
on the boring logs;
Identify the ASTM standards or other recognized standard sampling and test methods utilized;
and,
Provide a plot plan giving dimensioned locations, size, & depths of test borings, and
percolation testing locations.
Provide vertical sections for each boring plotted and graphically presented showing number of
borings, sampling method used, date of start and finish, surface elevations, description of soil
and thickness of each layer, depth to loss or gain of drilling fluid, hydraulic pressure required
or number of blows per foot (N value for each sample) and, where applicable, depth to wet
cave-in, depth to artesian head, groundwater elevation and time when water reading was made
and presence of gases. Note the location of strata containing organic materials, wet materials
or other inconsistencies that might affect engineering conclusions. The report shall also:
Describe the existing surface conditions and summarize the subsurface conditions, including
percolation rates and related information;
Provide appropriate subsurface profiles of rock or other bearing stratum;
Estimate potential variations in elevation and movements of subsurface water due to seasonal
influences; and,
Report all laboratory determinations of soil properties.
Not Project Related
Project #13-124

ND#4819-2103-6308 Exhibit F page 3 Consultant Services Agreement

c. Disposition of Samples: After all laboratory tests have been completed, dispose of samples after
foundation installation is complete and accepted by DSA
d. Foundation Engineering Evaluation and Recommendations: The Consultant shall analyze the
information developed by investigation or otherwise available to the Consultant, including those
aspects of the subsurface conditions which may affect design and construction of proposed
structures, and shall consult with the Architect of Record on the design and engineering
requirements of the Project. Based on such analysis and consultation, the Consultant shall submit a
professional evaluation and recommendations for the necessary areas of consideration including,
but not limited to, the items listed below:
i. Foundation support of the structure and slabs, including bearing pressures, bearing elevations,
foundation design recommendations and anticipated settlement.
ii. Anticipation of, and management of, groundwater for design of structures and pavements.
iii. Lateral earth pressures for design of walls below grade, including backfill, compaction and
subdrainage, and their requirements.
iv. Soil material and compaction requirements for site fill, construction backfill, and for the support
of structures and pavements.
v. Subgrade modules for design of pavements or slabs.
vi. Temporary excavation and temporary protection, such as excavation sheeting, underpinning and
temporary dewatering systems.
vii. Stability of slopes.
viii. Seismic activity.
ix. Frost penetration depth and effect.
x. Analysis of the effect of weather or construction equipment or both on soil during construction.
xi. Analysis of soils to ascertain presence of potentially expansive, deleterious, chemically active or
corrosive materials or conditions, or presence of gas.
xii. Evaluation of depth of material requiring rock excavation and methods of removal.
e. Report Submittal and Approval: A draft report shall be submitted to the District and Architect of
Record for review and comment prior to the preparation of a final report for submittal to the
District. Thereafter, the final report shall be prepared by the Consultant and shall comply with all
requirements of those State and Federal authorities having jurisdiction over K-12 construction. The
Consultant shall evaluate and respond to all comments in a prompt and satisfactory manner. The
Geotechnical Engineering report will be submitted by the Architect of Record to the State as part of
the DSA approval process for this project.

5. Construction Phase Services
a. Respond to all RFIs generated related to the Consultants report prepared pursuant to this RFP and
perform field observation duties as required by T-24 Part1, Sections 4-211, 4-214, 4-215, 4-216
and 4-217.
b. During performance of the Services, Consultant will keep District appraised of the status of
performance by delivering the following status reports under the indicated schedule:

STATUS REPORT FOR ACTIVITY: DUE DATE
A. Work plan and schedule for completion of services NTP + 3 days
B. Confirmation of completion of boring, drilling, sampling & testing
activities
NTP + 15 days
Not Project Related
Project #13-124

ND#4819-2103-6308 Exhibit F page 4 Consultant Services Agreement

C. Draft geotechnical engineering report for District review & comments NTP + 25 days
D. Final geotechnical engineering report for District approval NTP + 30 days

6. Time
The final geotechnical engineering report shall be completed and hard copies with electronic files
transmitted within 30 calendar days of the notice to proceed.

7. Accuracy Standards
Precision of the geotechnical engineering report and recommendations shall be in accordance with the
professional standard of care to be expected of professional engineers and geologists licensed to practice
within the State of California.
Not Project Related
Project #13-124

ND#4819-2103-6308 Exhibit G page 1 Consultant Services Agreement

EXHIBIT G
TO AGREEMENT FOR CONSULTANT SERVICES #13-124

INVOICE APPROVAL LETTER & BILLING COVER SHEET

DATE:
Project No.___: [INSERT PROJECT NAME]
Consultant: Construction Testing & Engineering, Inc. (CTE)

CTE has submitted Invoice No. _________ for review by the Districts Program Manager, Caldwell
Flores Winters, Inc. (CFW), and Assistant Superintendent of Business Services, Lisa Cline.

By signing below, a representative of CTE, hereby certifies that the invoice submitted is a true and
accurate reflection of the work performed to date, is an accurate representation of the percent work
completed for the phase identified in the invoice, and that the invoice submitted does not include any
charges for services that have been previously paid, or rejected by the District and/or CFW.



Construction Testing & Engineering, Inc. Date


The invoice has been reviewed by the following and is recommended for payment:



Caldwell Flores Winters, Inc. Date




Oxnard School District Date
Lisa Cline, Assistant Superintendent,
Business and Fiscal Services
Not Project Related
Project #13-124

ND#4819-2103-6308 Exhibit G page 2 Consultant Services Agreement


















































Not Project Related
Project #13-124

ND#4819-2103-6308 Exhibit G page 3 Consultant Services Agreement


Agreement #13-154
OXNARD SCHOOL DISTRICT
AGREEMENT FOR CONSULTANT SERVICES
(MASTER AGREEMENT MATERIALS TESTING, & SPECIAL INSPECTIONS)

This Agreement for Consultant Services (Agreement) is entered into as of this 13
th
day of November,
2013 by and between the Oxnard School District (District), with offices located at 1051 South A Street, Oxnard,
CA 93030, and BTC Labs Vertical Five (Consultant) with a business address at 1868 Palma Avenue, Suite D,
Ventura, CA 93003. District and Consultant are sometimes hereinafter individually referred to as Party and
hereinafter collectively referred to as the Parties.
RECITALS
A. District is authorized by California Government Code Section 53060, and Board Policy 4368, to
contract with independent contractors for the furnishing of services concerning financial, economic, accounting,
engineering, legal, administrative and other matters. District has sought, by issuance of a Request for
Qualifications, the performance of certain services, with the precise scope of work to be specified at the time of
assignment of work.
B. Following submission of a Statement of Qualifications for the performance of services, Consultant
was prequalified by District to perform services on behalf of District that may be assigned, or not assigned, at the
Districts sole discretion.
C. The Parties desire to formalize the prequalification of Consultant for performance of services and
desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and
contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties
agree as follows:
1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all exhibits attached to this
Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein.
2. Master Agreement. This Agreement sets forth the basic terms and conditions between District and
Consultant. It may be supplemented from time to time with an individual Work Authorization Letter
(WAL) which shall be considered an amendment to this Agreement, and which shall be subject to all
the terms and conditions of this Agreement, and any further terms and conditions as set forth in the
WAL.
3. Scope of Services. The scope of Services to be assigned to Consultant pursuant to a WAL is further
defined in Exhibit F Scope of Services, wherein the general responsibilities of Consultant are
described pursuant to the discipline(s) for which the Consultant has been deemed prequalified by
District as described in this Agreement.
4. Agreement, Scope of Work, and Assignment of Projects. District may, from time to time, and at the
sole discretion of District, assign to Consultant specific services to be performed by Consultant (the
Services) pursuant to a WAL. The WAL assignment procedure and associated forms are set forth in
Exhibit A, which is attached hereto. This Agreement, together with the WAL, sets forth the terms and
conditions pursuant to which Consultant will perform such Services on behalf of District. The WAL
ND#4819-2103-6308 Consultant Services Agreement 2
shall particularize and describe, among other things, such project(s) for which Consultant is to perform
Services, such Services to be performed by Consultant at such project(s), the timeline for the
performance of such Services, and the compensation to be paid to Consultant for the performance of
such Services.
Term of Agreement. Subject to earlier termination as provided below, this Agreement shall remain in
effect from November 13, 2013 through November 12, 2018 (the Term). This Agreement may be
extended only by amendment, signed by the Parties, prior to the expiration of the Term. Such
agreement for extension shall be based upon the showing of good and sufficient cause by Consultant
that such extension(s) shall be granted. District shall not be obligated to compensate Consultant for
any additional costs if such an extension has been granted to this Agreement. Any provision for
additional compensation shall be accommodated via the WAL process as indicated in Exhibit A.
5. Time for Performance. The scope of the Services set forth in the WAL shall be completed during the
Term pursuant to the schedule specified in the WAL. If Services indicated in the WAL cannot be
completed within the schedule set forth in the WAL, or if the schedule exceeds the Term of this
Agreement, it is the responsibility of Consultant to notify District at least ninety (90) days prior to the
expiration of either, with a request for a time extension clearly identifying the cause(s) for the failure to
complete the Services within the schedule and/or the Term. Should Consultant fail to provide such
notice, and/or the Services not be completed pursuant to that schedule or within the Term, Consultant
shall be deemed to be in Default as provided below. District, in its sole discretion, may choose not to
enforce the Default provisions of this Agreement and may instead allow Consultant to continue
performing the Services.
6. Additional Services. Additional Services are services in addition to the Services set forth in the WAL
that are provided by Consultant pursuant to a written request by District. Additional Services will
require a written request or pre-authorization in writing by District following specific approval of such
services by the District Board of Trustees. It is understood and agreed that Consultant shall not
perform any Additional Services unless and until Consultant receives specific written approval for such
Additional Services from the District Board of Trustees. Any modification of the compensation to be
paid to Consultant as a result of Additional Services must be specifically approved in writing by the
District Board of Trustees. In the event that the District Board of Trustees approves in writing a
modification of the compensation, then Consultant shall be paid for such Additional Services pursuant
to Section 8, below. However, it is understood and agreed that if the cause of the Additional Services
is the sole or partial responsibility of Consultant, its agents, or any subconsultants or other parties under
the charge of Consultant, no additional compensation shall be paid to Consultant. If such conditions
exist so as to justify Additional Services as indicated above, which require additional compensation or
time in order to be performed, it is the sole responsibility of Consultant to submit a request for
Additional Services within ten (10) days of Consultants discovery of such conditions which require
Additional Services. It is understood and agreed that if Consultant performs any services that it claims
are Additional Services without receiving prior written approval from the District Board of Trustees,
Consultant shall not be paid for such claimed Additional Services.
7. Compensation and Method of Payment. This Agreement does not guarantee that District will issue a
WAL to Consultant nor does this Agreement guarantee any compensation to Consultant. This
Agreement does not create any obligation on the part of District to compensate Consultant absent a
WAL indicating compensation due to Consultant once Services are performed. Specific compensation
and payment amounts, including approved reimbursable expenses, shall be set forth in the WAL.
However, it is understood and agreed that the compensation to be paid to Consultant shall not be in
excess of or exceed the rates set forth in Exhibit B Compensation.
ND#4819-2103-6308 Consultant Services Agreement 3
a. Each month Consultant shall furnish to District an original invoice for all work performed and
expenses incurred during the preceding month for Services performed pursuant to a WAL. The invoice
shall clearly indicate the assigned project, the approved WAL, and shall detail charges by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts.
Sub-consultant charges, if any, shall be detailed by the following categories: labor, travel, materials,
equipment and supplies. District shall independently review each invoice submitted by Consultant to
determine whether the work performed and expenses incurred are in compliance with the provisions of
this Agreement and the WAL. In the event that no charges or expenses are disputed, the invoice shall
be approved and paid according to the terms set forth in subsection b. In the event any charges or
expenses are disputed by District, the original invoice shall be returned by District to Consultant for
correction and resubmission.
b. Except as to any charges for work performed or expenses incurred by Consultant which are
disputed by District, District will use its best efforts to cause Consultant to be paid within forty-five
(45) days of receipt of Consultants correct and undisputed invoice.
c. Payment to Consultant for work performed pursuant to this Agreement and a WAL shall not be
deemed to waive any defects in work performed by Consultant.
8. Responsibilities of Consultant:
a. Consultant shall perform all Services as indicated in this Agreement and the WAL to the
satisfaction of District.
b. The specific Services of Consultant to be performed shall be indicated in the WAL.
c. Consultant hereby represents and warrants that (a) it is an experienced consultant in the
discipline(s) identified in Exhibit F, having the skill and the legal and professional ability and the
flexibility necessary to perform all of the Services required under this Agreement; (b) it has the
capabilities and resources necessary to perform its obligations hereunder; (c) it is familiar with all
current laws, rules, regulations and other restrictions which are and may become applicable to the
scope of Services under this Agreement, including but not limited to all local ordinances, building
codes, and requirements of all Authorities Having J urisdiction (AHJ ) including but not limited to the
Division of State Architect (DSA), the Office of Public School Construction (OPSC), the State
Facilities Planning Division (SFPD), California Department of Education (CDE), the California
Department of General Services (DGS), the Department of Toxic Substances Control (DTSC), the
California Environmental Quality Act (CEQA), Title 24 of the California Code of Regulations, the
California Education Code, State and Local Fire Authorities, air quality districts, water quality and
control boards, and any/all other AHJ ; (d) that it will assume full responsibility for all Services
performed and all work prepared and furnished to District by its employees, agents, and subconsultants;
(e) that it has sufficient financial strength and resources to undertake and complete the Services
provided for under this Agreement within the schedule set forth in the WAL; and (f) that it certifies and
covenants that all reports, certifications, studies, analyses, and other documents prepared by Consultant
shall be prepared in accordance with all applicable laws, rules, regulations, and other requirements in
effect at the time of their preparation, or required at their time of submittal to District and or agencies.
d. Consultant shall follow accepted industry standards and practices and comply with all federal,
state, and local laws and ordinances applicable to the Services required by this Agreement and the
WAL.
9. Responsibilities of District.
ND#4819-2103-6308 Consultant Services Agreement 4
a. District will prepare and furnish to Consultant upon Consultants request, such information as is
reasonably necessary to the performance of the Services required under this Agreement and the WAL.
Consultant understands that all information provided to Consultant remains the property of District and
shall only be removed from Districts possession/premises and/or be photocopied, reproduced,
distributed, or otherwise made available to others if such activities are expressly approved in writing by
District and/or the Program Manager. Failure to comply with the above requirements shall be
reasonable cause for termination of this Agreement, and may subject Consultant to liability for
damages to District.
b. If needed by Consultant, District shall provide information as to the requirements and educational
program for each project assigned by a WAL, including approved budget and schedule limitations.
c. District shall facilitate and coordinate cooperation amongst and between District consultants,
including but not limited to architects, construction managers, surveyors, geotechnical engineers,
inspectors, testing laboratories, hazardous materials specialists, CEQA/DTSC compliance specialists,
technology experts, and any other professional consultants District deems necessary to execute the
Facilities Implementation Program. Such coordination shall include the distribution of documentation
prepared by individual consultants which may be of service to Consultant in the course of completing
the Services.
d. District shall facilitate and coordinate cooperation amongst and between District staff and
Consultant, as required to complete the Services.
e. District shall provide for the timely approval and execution of the WALs, Additional Services
requests, invoices, and any other documentation that requires District action in order for Consultant to
complete the Services.
10. Suspension. District may, for any reason or no reason, in Districts sole discretion, suspend all or a
portion of this Agreement, the WAL, or the Services by giving ten (10) calendar days written notice of
suspension to Consultant. In the event such notice is given, Consultant shall cease immediately all
work in progress. If District suspends the Services for a period of ninety (90) consecutive calendar
days or more and, in addition, if such suspension is not caused by Consultant or the acts or omissions
of Consultant, then if the Services are resumed, Consultants compensation shall be subject to
adjustment to provide for actual direct costs and expenses incurred by Consultant as a direct result of
the suspension and resumption by District of the Services.
11. Termination. This Agreement, the WAL, or the Services may be terminated at any time by mutual
agreement of the Parties or by either Party as follows:
a. District may terminate all or a portion of this Agreement, the WAL, or the Services without cause
at any time by giving ten (10) calendar days written notice of termination to Consultant. In the event
such notice is given, Consultant shall cease immediately all work in progress; or
b. District may terminate all or a portion of this Agreement, the WAL, or the Services for cause in the
event of a Default by giving written notice pursuant to Section 15, below; or
c. Consultant may terminate this Agreement or the WAL at any time upon thirty (30) calendar days
written notice if District fails to make any undisputed payment to Consultant when due and such failure
remains uncured for forty-five (45) calendar days after written notice to District.
ND#4819-2103-6308 Consultant Services Agreement 5
12. Similar or Identical Services. In the event that this Agreement, the WAL, or any of the Services are
terminated in whole or in part as provided herein, District may procure, upon such terms and in such
manner as District may determine appropriate, services similar or identical to those terminated to
complete any unfinished Services or new services as needed by District.
13. Inspection and Final Acceptance. District acceptance of any of work or Services, whether specifically
in writing or by virtue of payment, shall not constitute a waiver of any of the provisions of this
Agreement or the WAL including, but not limited to, indemnification and insurance provisions.
14. Default. Failure of Consultant to perform any Services or comply with any provisions of this
Agreement or the WAL constitutes a Default. District may terminate all or any portion of this
Agreement, the WAL, or the Services for cause in the event of a Default. The termination shall be
effective if Consultant fails to cure such Default within thirty (30) calendar days following issuance of
written notice thereof by District, or if the cure by its nature takes longer, fails to commence such cure
within thirty (30) calendar days from the date of issuance of the notice and diligently prosecutes such
cure to the satisfaction of District. If Consultant has not cured the Default, District may hold all
invoices and may choose to proceed with payment on said invoices only after the Default is cured to
Districts satisfaction. In the alternative, District may, in its sole discretion, during the period before
Consultant has cured the Default, elect to pay any portion of outstanding invoices that corresponds to
Services satisfactorily rendered. Any failure on the part of District to give notice of Consultants
default shall not be deemed to result in a waiver of Districts legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to Districts termination rights set forth above, District shall have (i) the right to cure
Consultants Default at Consultants cost, in which case all amounts expended by District in connection
with such cure shall accrue interest from the date incurred until repaid to District by Consultant at the
rate of ten percent (10%) per annum; and (ii) all other rights and remedies available to District at law
and in equity, including, without limitation, an action for damages. District shall have the right to
retain unpaid earned balances to offset damages, and/or charge Consultant for all damages above and
beyond unpaid balance of WAL.
15. Ownership of Documents. All maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any Services pursuant to this Agreement or the WAL
(collectively and individually, the Documents) shall become the sole property of District and may be
used, reused or otherwise disposed of by District without the permission of Consultant. Upon
completion, expiration or termination of this Agreement or the WAL, Consultant shall turn over to
District all such Documents.
16. Use of Documents by District. If and to the extent that District utilizes for any purpose not related to
this Agreement or the WAL any Documents, Consultants guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
17. Consultants Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultants performance of Services pursuant to this Agreement or the
WAL for a minimum of four years after termination or expiration of this Agreement and the WAL, or
longer if required by law. Such records shall include at minimum a detailed record of daily
performance, staff time records, subconsultants time records, documentation of all costs incurred by
Consultant that were billed to District, and detailed records of all Consultant fees, overhead, and profit
on earned amounts.
ND#4819-2103-6308 Consultant Services Agreement 6
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled
checks, or other documents or records evidencing or relating to work, services, expenditures and
disbursements charged to District pursuant to this Agreement or the WAL for a minimum of four years,
or longer if required by law, all in accordance with generally accepted accounting principles and with
sufficient detail so as to permit an accurate evaluation of the Services provided by Consultant pursuant
to this Agreement or the WAL.
b. Any and all such records or documents shall be made available for inspection, audit and copying, at
any time during regular business hours, upon request by District or its designated representative.
Copies of such documents or records shall be provided directly to District for inspection, audit and
copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such
documents and records shall be made available at Consultants address indicated for receipt of notices
in this Agreement.
c. District has the right to acquire custody of such records by written request if Consultant decides to
dissolve or terminate its business. Consultant shall deliver or cause to be delivered all such records and
documents to District within sixty (60) days of receipt of the request.

18. Independent Contractor. Consultant is retained as an independent contractor and is not employed by
District. No employee or agent of Consultant shall become, or be considered to be, an employee of
District for any purpose. It is agreed that District is interested only in the results obtained from the
Services under this Agreement and the WAL and that Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the Services required under this
Agreement and the WAL. Consultant shall complete this Agreement and the WAL according to its
own methods of work which shall be in the exclusive charge and control of Consultant and which shall
not be subject to control or supervision by District except as to results of the Services. Consultant shall
provide all of its own supplies, equipment, facilities, materials, manpower, and any/all other resources
that may become necessary in the course of completing the Services. It is expressly understood and
agreed that Consultant and its employees shall in no event be entitled to any benefits to which District
employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation,
workers compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultants employees wages, payroll taxes, employee benefits and any
amounts due for federal and state income taxes and Social Security taxes since these taxes will not be
withheld from payments under this Agreement or the WAL.
a. The personnel performing the Services under this Agreement and the WAL on behalf of Consultant
shall at all times be under Consultants exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultants
officers, employees, or agents are in any manner officials, officers, employees or agents of District.
b. Consultant shall have no authority to bind District in any manner, or to incur any obligation, debt
or liability of any kind on behalf of or against District, whether by contract or otherwise, unless such
authority is expressly conferred in writing by District, or under this Agreement.
19. Standard of Performance. Consultant represents and warrants that it has the skill, qualifications,
experience and facilities necessary to properly perform the Services required under this Agreement and
the WAL in a thorough, competent and professional manner. Consultant represents and warrants that
its employees and subcontractors have all legally required licenses, permits, qualifications and
approvals necessary to perform the Services and that all such licenses and approvals shall be
maintained throughout the term of this Agreement and the WAL. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all Services
ND#4819-2103-6308 Consultant Services Agreement 7
described herein and the WAL. In meeting its obligations under this Agreement and the WAL,
Consultant shall employ, at a minimum, the standard of care utilized by persons engaged in providing
services similar to those required of Consultant under this Agreement and the WAL for California
school districts in or around the same geographic area of District (the Standard of Performance).
20. Confidential Information. All information gained during performance of the Services and all
Documents or other work product produced by Consultant in performance of this Agreement and the
WAL shall be considered confidential (confidential information). Consultant shall not release or
disclose any such confidential information, Documents or work product to persons or entities other
than District without prior written authorization from the Superintendent of District and/or Program
Manager, except as may be required by law. Confidential information does not include information
that: (i) Consultant had in its possession prior to considering entering into this Agreement; (ii) becomes
public knowledge through no fault of Consultant; (iii) Consultant lawfully acquires from a third party
not under an obligation of confidentiality to the disclosing party; or (iv) is independently developed by
Consultant without benefit of the information provided by District. In connection with confidential
information:
a. Consultant shall promptly notify District if it is served with any summons, complaint, subpoena or
other discovery request, court order or other request from any party regarding this Agreement or the
WAL or the Services performed hereunder or the WAL.
b. District retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to
provide District with the opportunity to review any response to discovery requests provided by
Consultant; provided that this does not imply or mean the right by District to control, direct, or rewrite
said response.
21. Conflict of Interest; Disclosure of Interest. Consultant covenants that neither it, nor any officer or
principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of District or which would in any way hinder Consultants performance of the
Services under this Agreement or the WAL. Consultant further covenants that in the performance of
this Agreement and the WAL, no person having any such interest shall be employed by it as an officer,
employee, agent or subcontractor without the express written consent of District. Consultant agrees to
at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of
District in the performance of this Agreement and the WAL.
a. Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E, as hereinafter amended or renumbered,
require that a consultant that qualifies as a designated employee must disclose certain financial
interests by filing financial interest disclosures. By its initials below, Consultant (i) represents that it
has received and reviewed a copy of the Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E and
that it [____] does [X] does not qualify as a designated employee; and (ii) agrees to notify District, in
writing, if Consultant believes that it is a designate employee and should be filing financial interest
disclosures, but has not been previously required to do so by District.
______ (Initials)
22. Compliance with Applicable Laws. In connection with the Services and its operations, Consultant
shall keep itself informed of and comply with all applicable federal, state and local laws, statutes,
codes, ordinances, regulations and rules including, but not limited to, minimum wages and/or
prohibitions against discrimination, in effect during the Term. Consultant shall obtain any and all
licenses, permits and authorizations necessary to perform the Services. Neither District, nor any
ND#4819-2103-6308 Consultant Services Agreement 8
elected or appointed boards, officers, officials, employees or agents of District shall be liable, at law or
in equity, as a result of any failure of Consultant to comply with this section.
a. Without limiting the generality of the foregoing, Consultant, unless exempted, shall comply with
the requirements of Education Code Section 45125.1 with respect to fingerprinting of employees who
may have contact with Districts pupils. Consultant must complete Districts certification form,
attached herein as Exhibit E, prior to any of Consultants employees coming into contact with any of
Districts pupils. Consultant also agrees to comply with all other operational requirements of District,
as may be revised from time to time, including but not limited to any obligations relating to vaccination
or testing for infectious diseases.
______ (Initials)
23. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of
the Federal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seq., as amended, and in
connection therewith, shall not employ unauthorized aliens as that term is defined in 8 U.S.C.A.
1324a(h)(3). Should Consultant so employ such individuals for the performance of work and/or
Services covered by this Agreement or the WAL, and should any liability or sanctions be imposed
against District for such employment, Consultant hereby agrees to and shall reimburse District for the
cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys'
fees, incurred by District.
24. Non-Discrimination. Consultant shall abide by the applicable provisions of the United States Civil
Rights Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in
any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex,
sexual orientation, age, physical handicap, medical condition or marital status in connection with or
related to the performance of this Agreement or the WAL.
25. Disabled Veteran Business Enterprise Participation. Pursuant to Education Code section 17076.11,
District has a participation goal for disabled veteran business enterprises (DVBEs) of at least three (3)
percent, per year, of funds expended each year by District on projects that use funds allocated by the
State Allocation Board pursuant to the Leroy F. Greene School Facilities Act. Unless waived in
writing by District, Consultant shall provide proof of DVBE compliance, in accordance with any
applicable policies of District or the State Allocation Board, within thirty (30) days of its execution of
this Agreement
26. Assignment. The expertise and experience of Consultant are material considerations for this
Agreement and the WAL. District has an interest in the qualifications of and capability of the persons
and entities that will fulfill the duties and obligations imposed upon Consultant under this Agreement
and the WAL. In recognition of that interest, Consultant shall not assign or transfer this Agreement or
any portion of this Agreement or any portion of the WAL or the performance of any of Consultants
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by Districts Board of Trustees. Any attempted assignment shall be ineffective,
null and void, and shall constitute a material breach of this Agreement and the WAL entitling District
to any and all remedies at law or in equity, including summary termination of this Agreement and the
WAL.
27. Subcontracting. Notwithstanding the above, Consultant may utilize subcontractors in the performance
of its duties pursuant to this Agreement and the WAL, but only with the prior written consent of
District. Consultant shall be as fully responsible to District for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by Consultants subcontractors, as
if the acts and omissions were performed by Consultant directly.
ND#4819-2103-6308 Consultant Services Agreement 9
28. District Administrator. Lisa Franz shall be in charge of administering this Agreement on behalf of
District, (the Administrator) provided that any written notice or any consent, waiver or approval of
District must be signed by the Superintendent or a designated employee of District to be valid. The
Administrator has completed Exhibit D Conflict of Interest Check attached hereto.
29. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultants staff and subcontractors consistent with the staff proposed as part of the
Statement of Qualifications, if any, assigned to perform Services under this Agreement and the WAL.
a. Consultant shall provide District and the Administrator a list of all personnel and subcontractors
providing Services and shall maintain said list current and up to date at all times during the Term. The
list shall include the following information: (1) all full or part-time staff positions by title, including
volunteer positions whose direct services are required to provide the Services; (2) a brief description of
the functions of each such position and the hours each position works each week or, for part-time
positions, each day or month, as appropriate; (3) the professional degree, if applicable, and experience
required for each position; and (4) the name of the person responsible for fulfilling the terms of this
Agreement and the WAL.
30. Indemnification. To the fullest extent permitted by law, Consultant shall defend and indemnify
District and its officials, elected board members, employees and agents (Indemnified Parties) from
and against all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, its officers, employees, consultants, subcontractors, or agents, pursuant
to this Agreement and/or the WAL, but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of any of the Indemnified Parties.
a. Consultant agrees to obtain executed indemnity agreements with provisions identical to the above
from each and every subcontractor retained or employed by Consultant in the performance of this
Agreement and the WAL. Failure of District to monitor compliance with these requirements imposes
no additional obligations on District and will in no way act as a waiver of any rights hereunder.
Consultants obligation to indemnify and defend District as set forth above is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and the
WAL.
______ (Initials)
31. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit C Insurance and made a part of this
Agreement. All insurance policies shall be subject to approval by District as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the District
Superintendent.
32. Notices. All notices required or permitted to be given under this Agreement or the WAL shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and
return receipt requested, addressed as follows:
To District: Oxnard School District
1051 South A Street
Oxnard, California, 93030
Attention: Lisa Cline
Assistant Superintendent, Business & Fiscal Services
Re: [Insert Project Name]
ND#4819-2103-6308 Consultant Services Agreement 10
With electronic copy to: Caldwell Flores Winters, Inc.
Oxnard School District Program Manager
6425 Christie Ave., Suite 270
Emeryville, California 94608
Attention: Yuri Calderon
T: 510-596-8170
Email: ycalderon@cfwinc.com
To Consultant: BTC Labs Vertical Five
1868 Palma Drive, Suite A
Ventura, CA 93003
Attention: Scott Moors
T: (805) 656-6074
Email: scott.moors@nv5.com
All notices, demands, or requests to be given under this Agreement or the WAL shall be given in writing
and conclusively shall be deemed received when delivered in any of the following ways: (i) on the date
delivered if delivered personally; (ii) on the date sent if sent by facsimile transmission and confirmation of
transmission is received; (iii) on the date it is accepted or rejected if sent by certified mail; and (iv) the date
it is received if sent by regular United States mail.
33. Excusable Delays. Neither Party will be liable to the other for unanticipated delays or failures in
performance resulting from causes beyond the reasonable control of that Party, including, but not
limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war,
governmental regulations, communications or utility failures, or casualties; provided that the delayed
Party: (i) gives the other Party prompt written notice of such cause; and (ii) uses its reasonable efforts
to correct such failure or delay in its performance. The delayed Party's time for performance or cure
under this section will be extended for a period equal to the duration of the cause or sixty (60) days,
whichever is less.
34. Entire Agreement; Binding Effect. This Agreement including Exhibits hereto, contains the entire
understanding of the Parties, and supersedes all other written or oral agreements. Consultant shall be
entitled to no other benefits other than those specified herein. No changes, amendments or alternations
shall be effective unless in writing and signed by both Parties and approved by Districts Board of
Trustees. Consultant specifically acknowledges that in entering into this Agreement, Consultant relied
solely upon the provisions contained in this Agreement and no others. This Agreement shall be
binding upon the heirs, executors, administrators, successors and assigns of the Parties.
35. Amendment. No changes, amendments to or modifications of this Agreement or the WAL shall be
valid, effective or binding unless made in writing and signed by both Parties and approved by the
Districts Board of Trustees. The Parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
36. Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement or the WAL shall
not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of
the provisions of this Agreement or the WAL shall not constitute a waiver of any other provision or a
waiver of any subsequent breach or violation of any provision of this Agreement or the WAL. None of
the provisions of this Agreement or the WAL shall be considered waived by either Party unless such
waiver is specifically specified in writing. Neither Districts review, approval of, nor payment for, any
of the Services required under this Agreement or the WAL shall be construed to operate as a waiver of
ND#4819-2103-6308 Consultant Services Agreement 11
any rights under this Agreement or the WAL, and Consultant shall remain liable to District in
accordance with this Agreement and the WAL for all damages to District caused by Consultants
failure to perform any of the Services to the Standard of Performance. This provision shall survive the
termination of this Agreement and the WAL.
37. Governing Law. This Agreement and the WAL shall be interpreted, construed and governed
according to the laws of the State of California. With respect to litigation involving this Agreement,
the WAL or the Services, venue in state trial courts shall lie exclusively in the County of Ventura,
California.
38. Severability. If any term, condition or covenant of this Agreement or the WAL is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement and the WAL shall not be affected thereby and the Agreement and WAL
shall be read and construed without the invalid, void or unenforceable provision(s).
39. Authority to Execute. The person or persons executing this Agreement on behalf of Consultant
represents and warrants that he/she/they has/have the authority to so execute this Agreement and to
bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, District and Consultant have executed and delivered this Agreement for
consultant services as of the date first written above.

OXNARD SCHOOL DISTRICT: BTC LABS - VERTICAL FIVE:



Signature Signature

Lisa A. Franz, Director, Purchasing
Typed Name/Title Typed Name/Title


Date Date

Tax Identification Number: 95-6002318 Tax Identification Number:

Not Project Related
Project #13-154


ND#4819-2103-6308 Exhibit A page 1 Consultant Services Agreement

EXHIBIT A
TO AGREEMENT FOR CONSULTANT SERVICES #13-154

WORK AUTHORIZATION PROCEDURES

1. Assignment of Work Authorization
1.1. Request For Proposal (RFP): At the sole discretion of District, one or more prequalified
professional services consultants shall be solicited with a Request For Proposal (RFP) for a
specific lump sum fixed fee proposal for defined Services to be complete within a defined timeline.
For a proposal to be valid it must clearly acknowledge the complete Services requested by District
and must include a lump sum fixed fee amount to complete all defined Services, a clearly defined
schedule for completion of Services which meets the required timeline defined by District and
shows final completion to occur within the Term of this Agreement.

1.2. Evaluation of Proposal: Districts Program Manager, in consultation with District, shall review each
proposal for validity, accuracy, competitiveness, and overall quality of the Services proposed to be
performed. In the case where more than one firm is solicited for a scope of defined Services, the
Program Manager shall evaluate each proposal thoroughly based on predetermined, objective
criteria to ensure a just and fair review of all proposals.

1.3. Selection of Consultant: Following evaluation of proposals, the consultant whose proposal exhibits
the best value for the benefit of District shall be recommended to the Superintendent for approval.

1.4. Work Authorization Letter (WAL): With the approval of the District Superintendent, the Program
Manager shall issue a Work Authorization Letter (WAL) to the selected consultant to perform the
defined Services as indicated in the RFP, for the lump sum fixed fee amount reflected in the
proposal, with all Services to complete within the timeline indicated in the RFP, and the Term set
forth in this Agreement. District retains the right to negotiate all terms of the WAL subsequent to
the receipt of proposal(s) in order to clarify the scope of Services, and/or make any adjustments to
the fee amount and required schedule prior to issuance of the WAL. The WAL shall be considered
a binding agreement, and amendment to this Agreement, once executed by Consultant, approved by
the District Board of Trustees, and executed by the Superintendent.

1.5. Performance of Services Set Forth in the WAL: Performance of Services set forth in the WAL shall
not commence until final approval by the District Superintendent and Board of Trustees, unless
expressly authorized by the District Superintendent and Program Manager. During the course of
completing the Services, Consultant shall comply will all provisions of this Agreement and the
WAL. All Services set forth in the WAL shall be completed within the schedule set forth in the
WAL.

1.6. Close Out of WAL Services: Upon completion of all Services required by the WAL, Consultant
shall submit all required close-out documentation, certifications, records, reports, warranties, and
any other information required or requested by District prior to submitting Consultants invoice for
final payment.

1.7. WAL Form: See next page for sample Work Authorization Letter.
Not Project Related
Project #13-154


ND#4819-2103-6308 Exhibit A page 2 Consultant Services Agreement


Not Project Related
Project #13-154

ND#4819-2103-6308 Exhibit B page 1 Consultant Services Agreement

EXHIBIT B
TO AGREEMENT FOR CONSULTANT SERVICES #13-154
COMPENSATION & RATE/FEE SCHEDULE

I. The following rates of pay shall apply in the performance of the Services under this Agreement and the
WAL:

MATERIALS TESTING & SPECIAL INSPECTIONS FEE SCHEDULE


Not Project Related
Project #13-154

ND#4819-2103-6308 Exhibit B page 2 Consultant Services Agreement


Not Project Related
Project #13-154

ND#4819-2103-6308 Exhibit B page 3 Consultant Services Agreement




Not Project Related
Project #13-154

ND#4819-2103-6308 Exhibit B page 4 Consultant Services Agreement

II. Consultant may utilize subcontractors as permitted in the Agreement and the WAL. The hourly rate for
any subcontractor shall be consistent with the rate and fee schedule indicated in Section I above, unless
other direction is provided with written authorization from District Superintendent or his/her designee.

III. Claims for reimbursable expenses shall be documented by appropriate invoices and supporting receipts.
Consultant may be reimbursed for those reasonable out-of-pocket expenses set forth below that are
incurred and paid for by Consultant beyond the typical obligations under this Agreement and the WAL,
but only to the extent that such expenses are directly related to Services satisfactorily completed, are
approved by District in writing and do not cause the amounts paid to Consultant to exceed the amounts
allowed under this Agreement and the WAL. No mark-up of any expense is permitted. The following is
the EXCLUSIVE list of reimbursable expenses:

A. Travel and Mileage. Consultant must request the travel in writing and justify why the travel
should be reimbursed. Travel expenses must be approved in writing by District, in its sole discretion.
Trips from any Consultants office to Districts office or to the subject project site will not be
approved for reimbursement.

B. Reimbursable Reprographic Services. Print sets or copies requested in writing by District beyond
the quantities required under the WAL.

C. Fees for Subcontractors. Fees for subcontractors hired and paid by Consultant at the written
request of District and are permitted in the Agreement and the WAL.

D. Fees advanced for securing approval of public agencies having jurisdiction over any project
hereunder.

IV. Consultant shall provide to District a complete Schedule of Values (SOV), identifying major work
activities required to complete the authorized scope of work. All invoices must reflect the appropriate
progress percentage for each SOV item billed, to be verified by District. District will compensate
Consultant for the Services performed upon approval by District of a valid and complete invoice, in form
and substance acceptable to District. See Exhibit G for required Invoice Approval Form and Billing
Cover Sheet. The Billing Cover Sheet shall reflect the approved SOV. In connection with Services that
are only partially completed at the time an invoice is paid, notwithstanding any provision of the
Agreement, the WAL, or any other document, payment of the invoice does not constitute acceptance of
the partially completed work or Service. Each invoice is to include:

A. Billing Cover Sheet/SOV with all appropriate progress percentages identified toward completion of the
Services.
B. Acceptable back-up for billings shall include, but not be limited to:
a. Records for all personnel describing the work performed, the number of hours worked, and the
hourly rate, for all time charged to the Services.
b. Records for all supplies, materials and equipment properly charged to the Services.
c. Records for all travel pre-approved by District and properly charged to the Services.
d. Records for all subcontractor labor, supplies, equipment, materials, and travel properly charged
to the Services.

Unless otherwise directed by District, in writing, completed invoices are to be submitted to the attention of the
Director of Purchasing and the Assistant Superintendent, Business and Fiscal Services. To be considered complete,
the invoice packet shall include all back-up documentation required by District and sign-off from District staff,
Program Manager or project manager assigned by District to supervise the Services.
Not Project Related
Project #13-154

ND#4819-2103-6308 Exhibit B page 5 Consultant Services Agreement


V. The total compensation for the Services shall be provided for in the WAL(s) issued subsequent to this
Agreement.

VI. Compensation Upon Termination. In the event that District suspends or terminates this Agreement, the
WAL or any of the Services pursuant to Section 11 or Section 12a of the Agreement, District will pay
Consultant as provided herein and the WAL for all Services and authorized Additional Work actually
performed, and all authorized reimbursable expenses actually incurred and paid, under and in accordance with
this Agreement and the WAL, up to and including the date of suspension or termination; provided that such
payments shall not exceed the amounts specified in the Agreement and the WAL as compensation for the
Services completed, plus any authorized Additional Work and authorized reimbursable expenses completed
prior to suspension or termination. No payment for demobilization shall be paid unless District at its sole
discretion determines that demobilization or other compensation is appropriate. After a notice of termination is
given, Consultant shall submit to District a final claim for payment, in the form and with certifications
prescribed by District. Such claim shall be submitted promptly, but in no event later than forty (40) calendar
days after the Termination Date specified on the notice of termination. Such payment shall be Consultants
sole and exclusive compensation and District shall have no liability to Consultant for any other compensation
or damages, including without limitation, anticipated profit, prospective losses, legal fees or costs associated
with legal representation or consequential damages, of any kind.
Not Project Related
Project #13-154

ND#4819-2103-6308 Exhibit C page 1 Consultant Services Agreement


EXHIBIT C
TO AGREEMENT FOR CONSULTANT SERVICES #13-154


INSURANCE

I. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to District
Superintendent or District Counsel, in full force and effect throughout the Term of this Agreement and the WAL,
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, subcontractors, representatives and/or employees.
Insurance is to be placed with insurers authorized to conduct business in the State of California and with a current
A.M. Best's rating of no less than A, as rated by the current edition of Bests Key Rating Guide, published by A.M.
Best Company, Oldwick, New J ersey 08858. Consultant shall provide the following scope and limits of insurance:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability coverage of not less than two million dollars ($2,000,000)
aggregate and one million dollars ($1,000,000) per occurrence.

(2) Auto liability insurance with limits of not less than one million dollars ($1,000,000).

(3) Insurance coverage should include:

1. owned, non-owned and hired vehicles;
2. blanket contractual;
3. broad form property damage;
4. products/completed operations; and
5. personal injury.

(4) Workers' Compensation insurance as required by the laws of the State of California.

(5) Abuse and Molestation coverage of not less than two million dollars ($2,000,000) per
occurrence and five million dollars ($5,000,000) aggregate.

(6) Professional liability (Errors and Omissions) insurance, including contractual liability, as
appropriate to the Consultants profession, in an amount of not less than the following:

Accountants, Attorneys, Education Consultants, $1,000,000
Nurses, Therapists

Architects $1,000,000 or $2,000,000

Physicians and Medical Corporations $5,000,000

Failure to maintain professional liability insurance is a material breach of this Agreement and the WAL and
grounds for immediate termination

II. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
Not Project Related
Project #13-154

ND#4819-2103-6308 Exhibit C page 2 Consultant Services Agreement


A. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the
coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in
coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been
given to District

B. General Liability, Automobile Liability, and Abuse/Molestation Coverages.

(1) District, and its respective elected and appointed officers, officials, employees and
volunteers are to be covered as additional insureds (collectively, additional insureds) as respects the following:
liability arising out of activities and/or Services Consultant performs; products and completed operations of
Consultant; premises owned, occupied or used by Consultant; automobiles owned, leased, hired or borrowed by
Consultant, and Abuse/Molestation. The coverage shall contain no special limitations on the scope of protection
afforded to additional insureds.

(2) Each policy shall state that the coverage provided is primary and any insurance carried by
any additional insured is in excess to and non-contributory with Consultants insurance.

(3) Consultants 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.

(4) Any failure to comply with the reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to any additional insured.

III. Other Requirements. Consultant agrees to deposit with District, at or before the effective date of this
Agreement and the WAL, certificates of insurance necessary to satisfy District that the insurance provisions of this
Agreement have been complied with. District may require that Consultant furnish District with copies of original
endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. District reserves the right to inspect complete,
certified copies of all required insurance policies, at any time.

A. If any Services are performed by a subcontractor, Consultant shall furnish certificates and
endorsements from each subcontractor identical to those Consultant provides.

B. Any deductibles or self-insured retentions must be declared to and approved by District. At the
option of District, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
District or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses
and claims.

C. The procuring of any required policy or policies of insurance shall not be construed to limit
Consultants liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.


Not Project Related
Project #13-154

ND#4819-2103-6308 Exhibit D page 1 Consultant Services Agreement

EXHIBIT D
TO AGREEMENT FOR CONSULTANT SERVICES #13-154
CONFLICT OF INTEREST CHECK

Bylaws of the Board 2030(C)E requires that the Superintendent or a designee make a determination, on a case by
case basis, concerning whether disclosure will be required from a consultant to comply with Districts Conflict of
Interest Code (commencing with Bylaws of the Board 2030 BB).

Consultants are required to file disclosures when, pursuant to a contract with District, Consultant will make certain
specified government decisions or will perform the same or substantially the same duties for District as a staff
person would.


The services to be performed by Consultant under the Agreement to which this Exhibit D is attached [] constitute
[X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code.
Therefore, Consultant, [] is [X] is not subject to disclosure obligations.


Date:

By:
Lisa A. Franz
Director, Purchasing


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ND#4819-2103-6308 Exhibit E page 1 Consultant Services Agreement

EXHIBIT E
TO AGREEMENT FOR CONSULTANT SERVICES #13-154

BACKGROUND CHECK AND FINGERPRINTING PROCEDURES
FOR CONTRACTORS

The successful Bidder will be required to assure that its employees, subcontractors of any tier, material
suppliers, and consultants do not have direct contact with the Districts students during the performance
of the Contract in compliance with Education Code 45125.1 and 45125.2. To assure these provisions,
the successful Bidders supervisor shall be fingerprinted, and proof of same shall be provided to the
District prior to start of on-site work. The supervisor will monitor the workers conduct while on school
grounds. In addition, the successful Bidder shall barricade the Work area to separate its workers from the
students. Costs associated with this process are the responsibility of the successful Bidder.

The Contractors construction supervisors or their unsupervised employees who will be working outside
of fenced areas during the school hours must have submitted a fingerprint identification card to the
Department of J ustice (DOJ ) and have a proof of clearance in the form of an affidavit filed in the Oxnard
School Districts Purchasing Office prior to the start of the Work.

California Education Code 45125.1 and 45125.2 require that criminal checks be completed for
contractors (Contracting Firm) who provide architectural, construction, janitorial, administrative,
landscape, transportation, food-related, or other similar services to school districts.

The undersigned does hereby certify to the Board of Trustees of the Oxnard School District as follows:

That I am a representative of the Contractor currently under contract (Contract) with the District; that I
am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on
behalf of Contractor.

Contractor certifies that it has taken the following actions with respect to the construction Project that is
the subject of the Contract:

1. Pursuant to Education Code 45125.2, Contractor has installed or will install, prior to
commencement of Work, a physical barrier at the Work Site, which will limit contact between
Contractors employees and District pupils at all times (mandatory for all Projects); AND

2. The Contractor has complied with the fingerprinting requirements of Education Code 45125.1
with respect to all Contractors employees and all of its subcontractors employees who may have contact
with District pupils in the course of providing services pursuant to the Contract, and the California
Department of J ustice has determined that none of those employees has been convicted of a felony, as that
term is defined in Education Code 45122.1. A complete and accurate list of Contractors employees and
of all its subcontractors employees who may come in contact with District pupils during the course and
scope of the Contract is attached hereto; AND/OR

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ND#4819-2103-6308 Exhibit E page 2 Consultant Services Agreement

3. Pursuant to Education Code 45125.2, Contractor certifies that all employees will be under the
continual supervision of, and monitored by, an employee of the Contractor who the California Department
of J ustice has ascertained has not been convicted of a violent or serious felony. The name and title of
each employee who will be supervising Contractors employees and its subcontractors employees is:

Name: _____________________________________

Title: ______________________________________

AND/OR

4. The Work on the Contract is at an unoccupied school site and no employee and/or subcontractor or
supplier of any tier of Contract shall come in contract with District pupils.

Contractors responsibility for background clearance extends to all of its employees, Subcontractors, and
employees of Subcontractors coming into contact with District pupils regardless of whether they are
designated as employees or acting as independent contractors of the Contractor.

Date: _________

Proper Name of Contractor: ______________________________________

Signature: _________________________

By: ______________________________________

Its: ______________________________________
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ND#4819-2103-6308 Exhibit F page 1 Consultant Services Agreement

EXHIBIT F
TO AGREEMENT FOR CONSULTANT SERVICES #13-154

SCOPE OF SERVICES Materials Testing Laboratory & Special Inspections

The Materials Testing Laboratory & Special Inspectors Scope of Work includes, but is not limited
to, the following:

Consultant shall ensure that the materials, means, and methods utilized in the field are in accordance with
DSA approved design documents and Title 24 and its referenced standards. Consultant shall be
responsible for verifying that such materials are manufactured, fabricated, assembled, and constructed in
accordance with the approved design.

1. Qualifications and Special Inspection Services:
a. The geotechnical portions of this project shall be performed under the direction of a Geotechnical
Engineer, which shall be the Geotechnical Engineer of Record for the geotechnical portions of this
project shall be performed under the direction of a Geotechnical Engineer, which shall be the
Geotechnical Engineer of Record for the project. A technician with a nuclear gauge shall perform
density and moisture testing in the field during grading, utility trench backfilling, and pavement
operations utilizing ASTM D2922, D3017, and ASTM D1556 methods. Laboratory maximum
density and optimum moisture determination shall be performed in accordance with ASTM D1557
or D698. Asphalt pavement placement and testing shall be performed in accordance with Caltrans
methods.

2. General Scope of Services:
a. Perform a site reconnaissance, review the geotechnical engineering report for the Project, review
the drawings, and prepare a transfer of geotechnical engineer of record responsibility letter.
b. Project management, consultation during construction, and preparation of daily field, foundation
excavation observation, and final grading reports.
c. Ensure that soils conditions are in conformance to soils report.
d. Foundation inspection.
e. Caisson, drilled piers or driven piles inspection.
f. As-graded soils reports.
g. Observations and testing during site clearing and mass grading.
h. Observing the foundations excavations for structures.
i. Observation and testing during backfilling of utility trenches.
j. Observation and testing during backfilling around retaining walls.
k. Observation and testing during subgrade preparation and base rock placement in asphalt paved
areas.
l. Observation and testing during asphalt concrete placement.
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ND#4819-2103-6308 Exhibit F page 2 Consultant Services Agreement

m. Perform the Sampling and Testing of Materials and Testing of Work-in-Place as may be required
by the DSA Testing and Inspection Listing, and as required by the DISTRICT. The Testing shall
be performed in accordance with ASTM test methods and California test methods as appropriate.
All Laboratory testing shall be accomplished in a DSA-certified laboratory. The required testing
and special inspection shall include, but not be limited to:
i. Soil, Aggregate & Asphalt
Maximum Dry Density
Expansion Index (ASTM D4318)
R-Value
Sand Equivalent
Sieve Analysis (ASTM C136)
Hveem Stability
Asphalt Extraction (ASTM 2172)
Hardness and Abrasion
Atterberg limits (ASTM 4318)
No. 200 Sieve Analysis (ASTM D422)
Specific Gravity C127lC128
Asphalt and Asphaltic Concrete Gradation (ASTM C136)
Asphalt and Asphaltic Concrete Specific Gravity (ASTM Dl 188)
Asphalt and Asphaltic Concrete Stability & Flow Marshall (ASTM Dl 559)
Asphalt and Asphaltic Concrete Abrasion (ASTM C131)
Asphalt and Asphaltic Concrete Unit Weight (ASTM D2726)
Asphalt Cores
3. Observation and Testing:
a. Observation and testing shall consist of visual observation of earthwork activities and taking field
density and moisture tests for the purpose of ascertaining that the work is in substantial
conformance with the contract documents. Such observation and testing shall not be relied upon
by others as acceptance of the work nor shall it be construed to relieve the contractor in any way
from the contractor's obligation and responsibilities under the construction contract. Specifically,
but without limitations, observation and testing shall not require the technician and engineer to
assume responsibilities for the means and methods of construction nor for safety on the jobsite.
Consultant's performance of its work shall not result in safety hazards on the site.
4. Concrete Mix Design Review:
a. Types of Inspection Services Provided. Inspection services shall be provided for concrete,
prestressed concrete, reinforcing steel and prestressing steel, batch plant, insulating concrete,
lightweight concrete, field sampling (slump, air entertainment, unit weight and yield tests),
concrete coring, proof testing (installed epoxy & non-shrink grout bolts) and proof testing
(installed wedge and expansion anchors).
b. Laboratory Review. The Consultant shall review the proposed concrete mixes in its laboratory for
conformance with the specifications.
c. Tests to be Performed. The Consultant shall perform the following tests:
i. Concrete Compression Tests
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ND#4819-2103-6308 Exhibit F page 3 Consultant Services Agreement

Concrete Cylinders (ASTM C29)
Concrete Cores (ASTM C39)
Lightweight Concrete (ASTM C495)
Insulating Concrete (ASTM C332)
ii. Concrete Flexural Tests
Flexural Test (ASTM C293lC78)
iii. Steel Reinforcing
Tensile (ASTM A61 5)
Bend (ASTM A61 5)
iv. Concrete Aggregate
Conformance Test (ASTM C33)
(Sieve Analysis, Deleterious Substances & Soundness)
5. Reinforcing Steel Placement:
a. Prior to the pours, the consultant shall inspect the reinforcing steel placement to determine that it
is according to plans and specifications. The consultant shall check:
i. Bars. Size and spacing of bars.
ii. Splices. Location and length of splices.
iii. Clearances. Check clearances.
iv. Cleanliness of Bars. Observe cleanliness of bars.
v. Spacing tolerances. Confirm spacing tolerances.
vi. Steel Support. Proper support of steel with ties.

5. Concrete Placement:
a. During the pours, the Consultant shall be on site continuously, as required by code, to monitor
placement. The Consultant shall:
i. Bar Displacement Determine that no bars are displaced during the pouring.
ii. Cleanliness of Steel. Observe cleanliness of steel.
iii. Placement. Determine adequacy of placement and vibratory equipment.
iv. Delivery Rate. Determine proper delivery rate of concrete and monitor batch times.
v. Correct Mix. Determine that the correct mix is being utilized.
vi. Slump. Monitor slump of each truck.
vii. Temperature. Record temperature of air and concrete.
viii. Cast Cylinders. Cast cylinders for compression tests at the specified frequency.
ix. Air Checks. Perform air checks, if required by specifications, during concrete placement.
x. Anchor Bolt/Dowel Installation. Observe anchor bolt/dowel installation operations to
determine hold depth, embedment and cleanliness, as well as materials and workmanship.
The Consultant shall inspect to determine that all dowels are installed in accordance with
contract documents and/or manufacturer's requirements.

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ND#4819-2103-6308 Exhibit F page 4 Consultant Services Agreement

6. Compression Testing:
a. The consultant shall transport all samples to CONSULTANT'S laboratory for compression testing
in strict accordance with ASTM requirements. The CONSULTANT shall distribute compression
test reports to the appropriate parties.
7. Mix Design Review:
a. Grout and Mortar Mixes. The CONSULTANT shall review the proposed grout and mortar mixes
in CONSULTANT'S laboratory for conformance with the specifications.
b. Masonry Wall Prisms. During preparation of masonry wall prisms, sampling and placing of all
masonry units, placement of reinforcement, and inspection of grout space immediately prior to
closing or cleanouts and during all grouting operations.
c. Laboratory Tests. Laboratory tests shall include:
i. Masonry Compression Tests
Mortar (UBC 21 - 16)
Grout (UBC 21 - 18lASTM GI 01 9)
Masonry Prism (ASTM E447)
Masonry Cores (ASTM C42)
Shear Tests - Masonry Cores (UBC 2405(c)4.C)
Dry Shrinkage - Masonry Units (ASTM C426)
Sample Pick-up & Delivery
ii. Steel Reinforcing
Tensile (ASTM A61 5)
Bend (ASTM A61 5)
Steel Tagging, Pick-up and Delivery
iii. Concrete Aggregate
Conformance Test (ASTM C404)
(Sieve Analysis, Deleterious Substances and Soundness)

8. Duties:
a. The consultant's duties shall include the following:
i. Review mill test certifications of block and reinforcing steel.
ii. Inspect to determine size and spacing of dowels.
iii. Inspect to determine that cleanouts are provided for high-lift grouting methods.
iv. Inspect proper lay-up of block units.
v. Inspect reinforcing steel prior to grouting.
vi. Inspect dowels, anchor bolts and inserts to make sure they are in place and properly
secured prior to grouting.
vii. Inspect to determine proper consolidation of grout.
viii. Check that curing requirements are being followed.

9. Structural Steel:
a. Inspection Services. The CONSULTANT shall provide inspection services for the following:
i. Field Welding
ii. High Strength Bolting
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ND#4819-2103-6308 Exhibit F page 5 Consultant Services Agreement

iii. Metal Decking
iv. Welded Stud Connectors
v. Fabrication Shop
b. Non-Destructive Examinations, Fabrication, Field Testing. The CONSULTANT shall provide the
following Non-Destructive Examinations (Field Testing) in strict conformance with ASTM
standards:
i. Ultrasonic Examination
ii. Magnetic Particle Examination
iii. Liquid Penetrant Examination
iv. Radiographic Examination
c. Non-Destructive Examinations, Fabrication Shop Testing. The CONSULTANT shall provide the
following Non-Destructive Examinations (Fabrication Shop Testing):
i. Ultrasonic Examination
ii. Magnetic Particle Examination
iii. Liquid Penetrant Examination
iv. Radiographic Examination
d. Laboratory Tests. Laboratory tests shall be performed on the following:
i. High strength bolts
ii. Hardness Test (ASTM A325)
iii. Tensile Strength (ASTM F606)

10. Reports
As part of the Services, Consultant will prepare and deliver the following tangible work products to
District:
a. All DSA required inspections, reporting, processes and procedures required by the DSA Testing &
Inspection Listing, and/or required by the Architect of Record.

11. Time
All DSA required reporting shall be delivered to the District concurrent with the submittal to DSA, and
pursuant to DSA required timelines. The final inspection report (DSA Form 6) shall be completed and
electronic filed within 30 calendar days of the notice of completion.

12. Accuracy Standards
Precision of the soils and materials testing and inspection reports and recommendations shall be in
accordance with the professional standard of care to be expected of professional engineers, geologists, and
inspectors licensed to practice in the State of California, and acceptable to the Architect of Record and the
Division of State Architect.


Not Project Related
Project #13-154

ND#4819-2103-6308 Exhibit G page 1 Consultant Services Agreement

EXHIBIT G
TO AGREEMENT FOR CONSULTANT SERVICES #13-154

INVOICE APPROVAL LETTER & BILLING COVER SHEET

DATE:
Project No.___: [INSERT PROJECT NAME]
Consultant: BTC Labs - Vertical Five (BTC)

BTC has submitted Invoice No. _________ for review by the Districts Program Manager, Caldwell
Flores Winters, Inc. (CFW), and Assistant Superintendent of Business Services, Lisa Cline.

By signing below, a representative of BTC, hereby certifies that the invoice submitted is a true and
accurate reflection of the work performed to date, is an accurate representation of the percent work
completed for the phase identified in the invoice, and that the invoice submitted does not include any
charges for services that have been previously paid, or rejected by the District and/or CFW.



BTC Labs - Vertical Five Date


The invoice has been reviewed by the following and is recommended for payment:



Caldwell Flores Winters, Inc. Date




Oxnard School District Date
Lisa Cline, Assistant Superintendent,
Business and Fiscal Services
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ND#4819-2103-6308 Exhibit G page 2 Consultant Services Agreement

















































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ND#4819-2103-6308 Exhibit G page 3 Consultant Services Agreement


Agreement #13-125
OXNARD SCHOOL DISTRICT
AGREEMENT FOR CONSULTANT SERVICES
(MASTER AGREEMENT PROJECT SURVEYOR)

This Agreement for Consultant Services (Agreement) is entered into as of this 13
th
day of November,
2013 by and between the Oxnard School District (District), with offices located at 1051 South A Street, Oxnard,
CA 93030, and Jensen Design & Survey, Inc. (Consultant) with a business address at 1672 Donlon Street,
Ventura, CA 93003. District and Consultant are sometimes hereinafter individually referred to as Party and
hereinafter collectively referred to as the Parties.
RECITALS
A. District is authorized by California Government Code Section 53060, and Board Policy 4368, to
contract with independent contractors for the furnishing of services concerning financial, economic, accounting,
engineering, legal, administrative and other matters. District has sought, by issuance of a Request for
Qualifications, the performance of certain services, with the precise scope of work to be specified at the time of
assignment of work.
B. Following submission of a Statement of Qualifications for the performance of services, Consultant
was prequalified by District to perform services on behalf of District that may be assigned, or not assigned, at the
Districts sole discretion.
C. The Parties desire to formalize the prequalification of Consultant for performance of services and
desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and
contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties
agree as follows:
1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all exhibits attached to this
Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein.
2. Master Agreement. This Agreement sets forth the basic terms and conditions between District and
Consultant. It may be supplemented from time to time with an individual Work Authorization Letter
(WAL) which shall be considered an amendment to this Agreement, and which shall be subject to all
the terms and conditions of this Agreement, and any further terms and conditions as set forth in the
WAL.
3. Scope of Services. The scope of Services to be assigned to Consultant pursuant to a WAL is further
defined in Exhibit F Scope of Services, wherein the general responsibilities of Consultant are
described pursuant to the discipline(s) for which the Consultant has been deemed prequalified by
District as described in this Agreement.
4. Agreement, Scope of Work, and Assignment of Projects. District may, from time to time, and at the
sole discretion of District, assign to Consultant specific services to be performed by Consultant (the
Services) pursuant to a WAL. The WAL assignment procedure and associated forms are set forth in
Exhibit A, which is attached hereto. This Agreement, together with the WAL, sets forth the terms and
conditions pursuant to which Consultant will perform such Services on behalf of District. The WAL
ND#4819-2103-6308 Consultant Services Agreement 2
shall particularize and describe, among other things, such project(s) for which Consultant is to perform
Services, such Services to be performed by Consultant at such project(s), the timeline for the
performance of such Services, and the compensation to be paid to Consultant for the performance of
such Services.
5. Term of Agreement. Subject to earlier termination as provided below, this Agreement shall remain in
effect from November 13, 2013 through November 12, 2018 (the Term). This Agreement may be
extended only by amendment, signed by the Parties, prior to the expiration of the Term. Such
agreement for extension shall be based upon the showing of good and sufficient cause by Consultant
that such extension(s) shall be granted. District shall not be obligated to compensate Consultant for
any additional costs if such an extension has been granted to this Agreement. Any provision for
additional compensation shall be accommodated via the WAL process as indicated in Exhibit A.
6. Time for Performance. The scope of the Services set forth in the WAL shall be completed during the
Term pursuant to the schedule specified in the WAL. If Services indicated in the WAL cannot be
completed within the schedule set forth in the WAL, or if the schedule exceeds the Term of this
Agreement, it is the responsibility of Consultant to notify District at least ninety (90) days prior to the
expiration of either, with a request for a time extension clearly identifying the cause(s) for the failure to
complete the Services within the schedule and/or the Term. Should Consultant fail to provide such
notice, and/or the Services not be completed pursuant to that schedule or within the Term, Consultant
shall be deemed to be in Default as provided below. District, in its sole discretion, may choose not to
enforce the Default provisions of this Agreement and may instead allow Consultant to continue
performing the Services.
7. Additional Services. Additional Services are services in addition to the Services set forth in the WAL
that are provided by Consultant pursuant to a written request by District. Additional Services will
require a written request or pre-authorization in writing by District following specific approval of such
services by the District Board of Trustees. It is understood and agreed that Consultant shall not
perform any Additional Services unless and until Consultant receives specific written approval for such
Additional Services from the District Board of Trustees. Any modification of the compensation to be
paid to Consultant as a result of Additional Services must be specifically approved in writing by the
District Board of Trustees. In the event that the District Board of Trustees approves in writing a
modification of the compensation, then Consultant shall be paid for such Additional Services pursuant
to Section 8, below. However, it is understood and agreed that if the cause of the Additional Services
is the sole or partial responsibility of Consultant, its agents, or any subconsultants or other parties under
the charge of Consultant, no additional compensation shall be paid to Consultant. If such conditions
exist so as to justify Additional Services as indicated above, which require additional compensation or
time in order to be performed, it is the sole responsibility of Consultant to submit a request for
Additional Services within ten (10) days of Consultants discovery of such conditions which require
Additional Services. It is understood and agreed that if Consultant performs any services that it claims
are Additional Services without receiving prior written approval from the District Board of Trustees,
Consultant shall not be paid for such claimed Additional Services.
8. Compensation and Method of Payment. This Agreement does not guarantee that District will issue a
WAL to Consultant nor does this Agreement guarantee any compensation to Consultant. This
Agreement does not create any obligation on the part of District to compensate Consultant absent a
WAL indicating compensation due to Consultant once Services are performed. Specific compensation
and payment amounts, including approved reimbursable expenses, shall be set forth in the WAL.
However, it is understood and agreed that the compensation to be paid to Consultant shall not be in
excess of or exceed the rates set forth in Exhibit B Compensation.
ND#4819-2103-6308 Consultant Services Agreement 3
a. Each month Consultant shall furnish to District an original invoice for all work performed and
expenses incurred during the preceding month for Services performed pursuant to a WAL. The invoice
shall clearly indicate the assigned project, the approved WAL, and shall detail charges by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts.
Sub-consultant charges, if any, shall be detailed by the following categories: labor, travel, materials,
equipment and supplies. District shall independently review each invoice submitted by Consultant to
determine whether the work performed and expenses incurred are in compliance with the provisions of
this Agreement and the WAL. In the event that no charges or expenses are disputed, the invoice shall
be approved and paid according to the terms set forth in subsection b. In the event any charges or
expenses are disputed by District, the original invoice shall be returned by District to Consultant for
correction and resubmission.
b. Except as to any charges for work performed or expenses incurred by Consultant which are
disputed by District, District will use its best efforts to cause Consultant to be paid within forty-five
(45) days of receipt of Consultants correct and undisputed invoice.
c. Payment to Consultant for work performed pursuant to this Agreement and a WAL shall not be
deemed to waive any defects in work performed by Consultant.
9. Responsibilities of Consultant:
a. Consultant shall perform all Services as indicated in this Agreement and the WAL to the
satisfaction of District.
b. The specific Services of Consultant to be performed shall be indicated in the WAL.
c. Consultant hereby represents and warrants that (a) it is an experienced consultant in the
discipline(s) identified in Exhibit F, having the skill and the legal and professional ability and the
flexibility necessary to perform all of the Services required under this Agreement; (b) it has the
capabilities and resources necessary to perform its obligations hereunder; (c) it is familiar with all
current laws, rules, regulations and other restrictions which are and may become applicable to the
scope of Services under this Agreement, including but not limited to all local ordinances, building
codes, and requirements of all Authorities Having J urisdiction (AHJ ) including but not limited to the
Division of State Architect (DSA), the Office of Public School Construction (OPSC), the State
Facilities Planning Division (SFPD), California Department of Education (CDE), the California
Department of General Services (DGS), the Department of Toxic Substances Control (DTSC), the
California Environmental Quality Act (CEQA), Title 24 of the California Code of Regulations, the
California Education Code, State and Local Fire Authorities, air quality districts, water quality and
control boards, and any/all other AHJ ; (d) that it will assume full responsibility for all Services
performed and all work prepared and furnished to District by its employees, agents, and subconsultants;
(e) that it has sufficient financial strength and resources to undertake and complete the Services
provided for under this Agreement within the schedule set forth in the WAL; and (f) that it certifies and
covenants that all reports, certifications, studies, analyses, and other documents prepared by Consultant
shall be prepared in accordance with all applicable laws, rules, regulations, and other requirements in
effect at the time of their preparation, or required at their time of submittal to District and or agencies.
d. Consultant shall follow accepted industry standards and practices and comply with all federal,
state, and local laws and ordinances applicable to the Services required by this Agreement and the
WAL.
10. Responsibilities of District.
ND#4819-2103-6308 Consultant Services Agreement 4
a. District will prepare and furnish to Consultant upon Consultants request, such information as is
reasonably necessary to the performance of the Services required under this Agreement and the WAL.
Consultant understands that all information provided to Consultant remains the property of District and
shall only be removed from Districts possession/premises and/or be photocopied, reproduced,
distributed, or otherwise made available to others if such activities are expressly approved in writing by
District and/or the Program Manager. Failure to comply with the above requirements shall be
reasonable cause for termination of this Agreement, and may subject Consultant to liability for
damages to District.
b. If needed by Consultant, District shall provide information as to the requirements and educational
program for each project assigned by a WAL, including approved budget and schedule limitations.
c. District shall facilitate and coordinate cooperation amongst and between District consultants,
including but not limited to architects, construction managers, surveyors, geotechnical engineers,
inspectors, testing laboratories, hazardous materials specialists, CEQA/DTSC compliance specialists,
technology experts, and any other professional consultants District deems necessary to execute the
Facilities Implementation Program. Such coordination shall include the distribution of documentation
prepared by individual consultants which may be of service to Consultant in the course of completing
the Services.
d. District shall facilitate and coordinate cooperation amongst and between District staff and
Consultant, as required to complete the Services.
e. District shall provide for the timely approval and execution of the WALs, Additional Services
requests, invoices, and any other documentation that requires District action in order for Consultant to
complete the Services.
11. Suspension. District may, for any reason or no reason, in Districts sole discretion, suspend all or a
portion of this Agreement, the WAL, or the Services by giving ten (10) calendar days written notice of
suspension to Consultant. In the event such notice is given, Consultant shall cease immediately all
work in progress. If District suspends the Services for a period of ninety (90) consecutive calendar
days or more and, in addition, if such suspension is not caused by Consultant or the acts or omissions
of Consultant, then if the Services are resumed, Consultants compensation shall be subject to
adjustment to provide for actual direct costs and expenses incurred by Consultant as a direct result of
the suspension and resumption by District of the Services.
12. Termination. This Agreement, the WAL, or the Services may be terminated at any time by mutual
agreement of the Parties or by either Party as follows:
a. District may terminate all or a portion of this Agreement, the WAL, or the Services without cause
at any time by giving ten (10) calendar days written notice of termination to Consultant. In the event
such notice is given, Consultant shall cease immediately all work in progress; or
b. District may terminate all or a portion of this Agreement, the WAL, or the Services for cause in the
event of a Default by giving written notice pursuant to Section 15, below; or
c. Consultant may terminate this Agreement or the WAL at any time upon thirty (30) calendar days
written notice if District fails to make any undisputed payment to Consultant when due and such failure
remains uncured for forty-five (45) calendar days after written notice to District.
ND#4819-2103-6308 Consultant Services Agreement 5
13. Similar or Identical Services. In the event that this Agreement, the WAL, or any of the Services are
terminated in whole or in part as provided herein, District may procure, upon such terms and in such
manner as District may determine appropriate, services similar or identical to those terminated to
complete any unfinished Services or new services as needed by District.
14. Inspection and Final Acceptance. District acceptance of any of work or Services, whether specifically
in writing or by virtue of payment, shall not constitute a waiver of any of the provisions of this
Agreement or the WAL including, but not limited to, indemnification and insurance provisions.
15. Default. Failure of Consultant to perform any Services or comply with any provisions of this
Agreement or the WAL constitutes a Default. District may terminate all or any portion of this
Agreement, the WAL, or the Services for cause in the event of a Default. The termination shall be
effective if Consultant fails to cure such Default within thirty (30) calendar days following issuance of
written notice thereof by District, or if the cure by its nature takes longer, fails to commence such cure
within thirty (30) calendar days from the date of issuance of the notice and diligently prosecutes such
cure to the satisfaction of District. If Consultant has not cured the Default, District may hold all
invoices and may choose to proceed with payment on said invoices only after the Default is cured to
Districts satisfaction. In the alternative, District may, in its sole discretion, during the period before
Consultant has cured the Default, elect to pay any portion of outstanding invoices that corresponds to
Services satisfactorily rendered. Any failure on the part of District to give notice of Consultants
default shall not be deemed to result in a waiver of Districts legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to Districts termination rights set forth above, District shall have (i) the right to cure
Consultants Default at Consultants cost, in which case all amounts expended by District in connection
with such cure shall accrue interest from the date incurred until repaid to District by Consultant at the
rate of ten percent (10%) per annum; and (ii) all other rights and remedies available to District at law
and in equity, including, without limitation, an action for damages. District shall have the right to
retain unpaid earned balances to offset damages, and/or charge Consultant for all damages above and
beyond unpaid balance of WAL.
16. Ownership of Documents. All maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any Services pursuant to this Agreement or the WAL
(collectively and individually, the Documents) shall become the sole property of District and may be
used, reused or otherwise disposed of by District without the permission of Consultant. Upon
completion, expiration or termination of this Agreement or the WAL, Consultant shall turn over to
District all such Documents.
17. Use of Documents by District. If and to the extent that District utilizes for any purpose not related to
this Agreement or the WAL any Documents, Consultants guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
18. Consultants Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultants performance of Services pursuant to this Agreement or the
WAL for a minimum of four years after termination or expiration of this Agreement and the WAL, or
longer if required by law. Such records shall include at minimum a detailed record of daily
performance, staff time records, subconsultants time records, documentation of all costs incurred by
Consultant that were billed to District, and detailed records of all Consultant fees, overhead, and profit
on earned amounts.
ND#4819-2103-6308 Consultant Services Agreement 6
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled
checks, or other documents or records evidencing or relating to work, services, expenditures and
disbursements charged to District pursuant to this Agreement or the WAL for a minimum of four years,
or longer if required by law, all in accordance with generally accepted accounting principles and with
sufficient detail so as to permit an accurate evaluation of the Services provided by Consultant pursuant
to this Agreement or the WAL.
b. Any and all such records or documents shall be made available for inspection, audit and copying, at
any time during regular business hours, upon request by District or its designated representative.
Copies of such documents or records shall be provided directly to District for inspection, audit and
copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such
documents and records shall be made available at Consultants address indicated for receipt of notices
in this Agreement.
c. District has the right to acquire custody of such records by written request if Consultant decides to
dissolve or terminate its business. Consultant shall deliver or cause to be delivered all such records and
documents to District within sixty (60) days of receipt of the request.

19. Independent Contractor. Consultant is retained as an independent contractor and is not employed by
District. No employee or agent of Consultant shall become, or be considered to be, an employee of
District for any purpose. It is agreed that District is interested only in the results obtained from the
Services under this Agreement and the WAL and that Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the Services required under this
Agreement and the WAL. Consultant shall complete this Agreement and the WAL according to its
own methods of work which shall be in the exclusive charge and control of Consultant and which shall
not be subject to control or supervision by District except as to results of the Services. Consultant shall
provide all of its own supplies, equipment, facilities, materials, manpower, and any/all other resources
that may become necessary in the course of completing the Services. It is expressly understood and
agreed that Consultant and its employees shall in no event be entitled to any benefits to which District
employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation,
workers compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultants employees wages, payroll taxes, employee benefits and any
amounts due for federal and state income taxes and Social Security taxes since these taxes will not be
withheld from payments under this Agreement or the WAL.
a. The personnel performing the Services under this Agreement and the WAL on behalf of Consultant
shall at all times be under Consultants exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultants
officers, employees, or agents are in any manner officials, officers, employees or agents of District.
b. Consultant shall have no authority to bind District in any manner, or to incur any obligation, debt
or liability of any kind on behalf of or against District, whether by contract or otherwise, unless such
authority is expressly conferred in writing by District, or under this Agreement.
20. Standard of Performance. Consultant represents and warrants that it has the skill, qualifications,
experience and facilities necessary to properly perform the Services required under this Agreement and
the WAL in a thorough, competent and professional manner. Consultant represents and warrants that
its employees and subcontractors have all legally required licenses, permits, qualifications and
approvals necessary to perform the Services and that all such licenses and approvals shall be
maintained throughout the term of this Agreement and the WAL. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all Services
ND#4819-2103-6308 Consultant Services Agreement 7
described herein and the WAL. In meeting its obligations under this Agreement and the WAL,
Consultant shall employ, at a minimum, the standard of care utilized by persons engaged in providing
services similar to those required of Consultant under this Agreement and the WAL for California
school districts in or around the same geographic area of District (the Standard of Performance).
21. Confidential Information. All information gained during performance of the Services and all
Documents or other work product produced by Consultant in performance of this Agreement and the
WAL shall be considered confidential (confidential information). Consultant shall not release or
disclose any such confidential information, Documents or work product to persons or entities other
than District without prior written authorization from the Superintendent of District and/or Program
Manager, except as may be required by law. Confidential information does not include information
that: (i) Consultant had in its possession prior to considering entering into this Agreement; (ii) becomes
public knowledge through no fault of Consultant; (iii) Consultant lawfully acquires from a third party
not under an obligation of confidentiality to the disclosing party; or (iv) is independently developed by
Consultant without benefit of the information provided by District. In connection with confidential
information:
a. Consultant shall promptly notify District if it is served with any summons, complaint, subpoena or
other discovery request, court order or other request from any party regarding this Agreement or the
WAL or the Services performed hereunder or the WAL.
b. District retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to
provide District with the opportunity to review any response to discovery requests provided by
Consultant; provided that this does not imply or mean the right by District to control, direct, or rewrite
said response.
22. Conflict of Interest; Disclosure of Interest. Consultant covenants that neither it, nor any officer or
principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of District or which would in any way hinder Consultants performance of the
Services under this Agreement or the WAL. Consultant further covenants that in the performance of
this Agreement and the WAL, no person having any such interest shall be employed by it as an officer,
employee, agent or subcontractor without the express written consent of District. Consultant agrees to
at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of
District in the performance of this Agreement and the WAL.
a. Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E, as hereinafter amended or renumbered,
require that a consultant that qualifies as a designated employee must disclose certain financial
interests by filing financial interest disclosures. By its initials below, Consultant (i) represents that it
has received and reviewed a copy of the Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E and
that it [____] does [X] does not qualify as a designated employee; and (ii) agrees to notify District, in
writing, if Consultant believes that it is a designate employee and should be filing financial interest
disclosures, but has not been previously required to do so by District.
______ (Initials)
23. Compliance with Applicable Laws. In connection with the Services and its operations, Consultant
shall keep itself informed of and comply with all applicable federal, state and local laws, statutes,
codes, ordinances, regulations and rules including, but not limited to, minimum wages and/or
prohibitions against discrimination, in effect during the Term. Consultant shall obtain any and all
licenses, permits and authorizations necessary to perform the Services. Neither District, nor any
ND#4819-2103-6308 Consultant Services Agreement 8
elected or appointed boards, officers, officials, employees or agents of District shall be liable, at law or
in equity, as a result of any failure of Consultant to comply with this section.
a. Without limiting the generality of the foregoing, Consultant, unless exempted, shall comply with
the requirements of Education Code Section 45125.1 with respect to fingerprinting of employees who
may have contact with Districts pupils. Consultant must complete Districts certification form,
attached herein as Exhibit E, prior to any of Consultants employees coming into contact with any of
Districts pupils. Consultant also agrees to comply with all other operational requirements of District,
as may be revised from time to time, including but not limited to any obligations relating to vaccination
or testing for infectious diseases.
______ (Initials)
24. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of
the Federal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seq., as amended, and in
connection therewith, shall not employ unauthorized aliens as that term is defined in 8 U.S.C.A.
1324a(h)(3). Should Consultant so employ such individuals for the performance of work and/or
Services covered by this Agreement or the WAL, and should any liability or sanctions be imposed
against District for such employment, Consultant hereby agrees to and shall reimburse District for the
cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys'
fees, incurred by District.
25. Non-Discrimination. Consultant shall abide by the applicable provisions of the United States Civil
Rights Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in
any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex,
sexual orientation, age, physical handicap, medical condition or marital status in connection with or
related to the performance of this Agreement or the WAL.
26. Disabled Veteran Business Enterprise Participation. Pursuant to Education Code section 17076.11,
District has a participation goal for disabled veteran business enterprises (DVBEs) of at least three (3)
percent, per year, of funds expended each year by District on projects that use funds allocated by the
State Allocation Board pursuant to the Leroy F. Greene School Facilities Act. Unless waived in
writing by District, Consultant shall provide proof of DVBE compliance, in accordance with any
applicable policies of District or the State Allocation Board, within thirty (30) days of its execution of
this Agreement
27. Assignment. The expertise and experience of Consultant are material considerations for this
Agreement and the WAL. District has an interest in the qualifications of and capability of the persons
and entities that will fulfill the duties and obligations imposed upon Consultant under this Agreement
and the WAL. In recognition of that interest, Consultant shall not assign or transfer this Agreement or
any portion of this Agreement or any portion of the WAL or the performance of any of Consultants
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by Districts Board of Trustees. Any attempted assignment shall be ineffective,
null and void, and shall constitute a material breach of this Agreement and the WAL entitling District
to any and all remedies at law or in equity, including summary termination of this Agreement and the
WAL.
28. Subcontracting. Notwithstanding the above, Consultant may utilize subcontractors in the performance
of its duties pursuant to this Agreement and the WAL, but only with the prior written consent of
District. Consultant shall be as fully responsible to District for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by Consultants subcontractors, as
if the acts and omissions were performed by Consultant directly.
ND#4819-2103-6308 Consultant Services Agreement 9
29. District Administrator. Lisa Franz shall be in charge of administering this Agreement on behalf of
District, (the Administrator) provided that any written notice or any consent, waiver or approval of
District must be signed by the Superintendent or a designated employee of District to be valid. The
Administrator has completed Exhibit D Conflict of Interest Check attached hereto.
30. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultants staff and subcontractors consistent with the staff proposed as part of the
Statement of Qualifications, if any, assigned to perform Services under this Agreement and the WAL.
a. Consultant shall provide District and the Administrator a list of all personnel and subcontractors
providing Services and shall maintain said list current and up to date at all times during the Term. The
list shall include the following information: (1) all full or part-time staff positions by title, including
volunteer positions whose direct services are required to provide the Services; (2) a brief description of
the functions of each such position and the hours each position works each week or, for part-time
positions, each day or month, as appropriate; (3) the professional degree, if applicable, and experience
required for each position; and (4) the name of the person responsible for fulfilling the terms of this
Agreement and the WAL.
31. Indemnification. To the fullest extent permitted by law, Consultant shall defend and indemnify
District and its officials, elected board members, employees and agents (Indemnified Parties) from
and against all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, its officers, employees, consultants, subcontractors, or agents, pursuant
to this Agreement and/or the WAL, but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of any of the Indemnified Parties.
a. Consultant agrees to obtain executed indemnity agreements with provisions identical to the above
from each and every subcontractor retained or employed by Consultant in the performance of this
Agreement and the WAL. Failure of District to monitor compliance with these requirements imposes
no additional obligations on District and will in no way act as a waiver of any rights hereunder.
Consultants obligation to indemnify and defend District as set forth above is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and the
WAL.
______ (Initials)
32. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit C Insurance and made a part of this
Agreement. All insurance policies shall be subject to approval by District as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the District
Superintendent.
33. Notices. All notices required or permitted to be given under this Agreement or the WAL shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and
return receipt requested, addressed as follows:
To District: Oxnard School District
1051 South A Street
Oxnard, California, 93030
Attention: Lisa Cline
Assistant Superintendent, Business & Fiscal Services
Re: [Insert Project Name]
ND#4819-2103-6308 Consultant Services Agreement 10
With electronic copy to: Caldwell Flores Winters, Inc.
Oxnard School District Program Manager
6425 Christie Ave., Suite 270
Emeryville, California 94608
Attention: Yuri Calderon
T: 510-596-8170
Email: ycalderon@cfwinc.com
To Consultant: J ensen Design & Survey, Inc.
1672 Donlon Street
Ventura, CA 93003
ATTN: Richard J ensen
T: (805) 654-6977
Email: rjensen@jdscivil.com
All notices, demands, or requests to be given under this Agreement or the WAL shall be given in writing
and conclusively shall be deemed received when delivered in any of the following ways: (i) on the date
delivered if delivered personally; (ii) on the date sent if sent by facsimile transmission and confirmation of
transmission is received; (iii) on the date it is accepted or rejected if sent by certified mail; and (iv) the date
it is received if sent by regular United States mail.
34. Excusable Delays. Neither Party will be liable to the other for unanticipated delays or failures in
performance resulting from causes beyond the reasonable control of that Party, including, but not
limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war,
governmental regulations, communications or utility failures, or casualties; provided that the delayed
Party: (i) gives the other Party prompt written notice of such cause; and (ii) uses its reasonable efforts
to correct such failure or delay in its performance. The delayed Party's time for performance or cure
under this section will be extended for a period equal to the duration of the cause or sixty (60) days,
whichever is less.
35. Entire Agreement; Binding Effect. This Agreement including Exhibits hereto, contains the entire
understanding of the Parties, and supersedes all other written or oral agreements. Consultant shall be
entitled to no other benefits other than those specified herein. No changes, amendments or alternations
shall be effective unless in writing and signed by both Parties and approved by Districts Board of
Trustees. Consultant specifically acknowledges that in entering into this Agreement, Consultant relied
solely upon the provisions contained in this Agreement and no others. This Agreement shall be
binding upon the heirs, executors, administrators, successors and assigns of the Parties.
36. Amendment. No changes, amendments to or modifications of this Agreement or the WAL shall be
valid, effective or binding unless made in writing and signed by both Parties and approved by the
Districts Board of Trustees. The Parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
37. Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement or the WAL shall
not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of
the provisions of this Agreement or the WAL shall not constitute a waiver of any other provision or a
waiver of any subsequent breach or violation of any provision of this Agreement or the WAL. None of
the provisions of this Agreement or the WAL shall be considered waived by either Party unless such
waiver is specifically specified in writing. Neither Districts review, approval of, nor payment for, any
of the Services required under this Agreement or the WAL shall be construed to operate as a waiver of
ND#4819-2103-6308 Consultant Services Agreement 11
any rights under this Agreement or the WAL, and Consultant shall remain liable to District in
accordance with this Agreement and the WAL for all damages to District caused by Consultants
failure to perform any of the Services to the Standard of Performance. This provision shall survive the
termination of this Agreement and the WAL.
38. Governing Law. This Agreement and the WAL shall be interpreted, construed and governed
according to the laws of the State of California. With respect to litigation involving this Agreement,
the WAL or the Services, venue in state trial courts shall lie exclusively in the County of Ventura,
California.
39. Severability. If any term, condition or covenant of this Agreement or the WAL is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement and the WAL shall not be affected thereby and the Agreement and WAL
shall be read and construed without the invalid, void or unenforceable provision(s).
40. Authority to Execute. The person or persons executing this Agreement on behalf of Consultant
represents and warrants that he/she/they has/have the authority to so execute this Agreement and to
bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, District and Consultant have executed and delivered this Agreement for
consultant services as of the date first written above.

OXNARD SCHOOL DISTRICT: JENSEN DESIGN & SURVEY INC.:



Signature Signature

Lisa A. Franz, Director, Purchasing
Typed Name/Title Typed Name/Title


Date Date

Tax Identification Number: 95-6002318 Tax Identification Number:

Not Project Related
Project #13-125


ND#4819-2103-6308 Exhibit A page 1 Consultant Services Agreement

EXHIBIT A
TO AGREEMENT FOR CONSULTANT SERVICES #13-125

WORK AUTHORIZATION PROCEDURES

1. Assignment of Work Authorization
1.1. Request For Proposal (RFP): At the sole discretion of District, one or more prequalified
professional services consultants shall be solicited with a Request For Proposal (RFP) for a
specific lump sum fixed fee proposal for defined Services to be complete within a defined timeline.
For a proposal to be valid it must clearly acknowledge the complete Services requested by District
and must include a lump sum fixed fee amount to complete all defined Services, a clearly defined
schedule for completion of Services which meets the required timeline defined by District and
shows final completion to occur within the Term of this Agreement.

1.2. Evaluation of Proposal: Districts Program Manager, in consultation with District, shall review each
proposal for validity, accuracy, competitiveness, and overall quality of the Services proposed to be
performed. In the case where more than one firm is solicited for a scope of defined Services, the
Program Manager shall evaluate each proposal thoroughly based on predetermined, objective
criteria to ensure a just and fair review of all proposals.

1.3. Selection of Consultant: Following evaluation of proposals, the consultant whose proposal exhibits
the best value for the benefit of District shall be recommended to the Superintendent for approval.

1.4. Work Authorization Letter (WAL): With the approval of the District Superintendent, the Program
Manager shall issue a Work Authorization Letter (WAL) to the selected consultant to perform the
defined Services as indicated in the RFP, for the lump sum fixed fee amount reflected in the
proposal, with all Services to complete within the timeline indicated in the RFP, and the Term set
forth in this Agreement. District retains the right to negotiate all terms of the WAL subsequent to
the receipt of proposal(s) in order to clarify the scope of Services, and/or make any adjustments to
the fee amount and required schedule prior to issuance of the WAL. The WAL shall be considered
a binding agreement, and amendment to this Agreement, once executed by Consultant, approved by
the District Board of Trustees, and executed by the Superintendent.

1.5. Performance of Services Set Forth in the WAL: Performance of Services set forth in the WAL shall
not commence until final approval by the District Superintendent and Board of Trustees, unless
expressly authorized by the District Superintendent and Program Manager. During the course of
completing the Services, Consultant shall comply will all provisions of this Agreement and the
WAL. All Services set forth in the WAL shall be completed within the schedule set forth in the
WAL.

1.6. Close Out of WAL Services: Upon completion of all Services required by the WAL, Consultant
shall submit all required close-out documentation, certifications, records, reports, warranties, and
any other information required or requested by District prior to submitting Consultants invoice for
final payment.

1.7. WAL Form: See next page for sample Work Authorization Letter.

Not Project Related
Project #13-125


ND#4819-2103-6308 Exhibit A page 2 Consultant Services Agreement

Not Project Related
Project #13-125

ND#4819-2103-6308 Exhibit B page 1 Consultant Services Agreement

EXHIBIT B
TO AGREEMENT FOR CONSULTANT SERVICES #13-125
COMPENSATION & RATE/FEE SCHEDULE

I. The following rates of pay shall apply in the performance of the Services under this Agreement and the
WAL:



II. Consultant may utilize subcontractors as permitted in the Agreement and the WAL. The hourly rate for
any subcontractor shall be consistent with the rate and fee schedule indicated in Section I above, unless
other direction is provided with written authorization from District Superintendent or his/her designee.

Not Project Related
Project #13-125

ND#4819-2103-6308 Exhibit B page 2 Consultant Services Agreement

III. Claims for reimbursable expenses shall be documented by appropriate invoices and supporting receipts.
Consultant may be reimbursed for those reasonable out-of-pocket expenses set forth below that are
incurred and paid for by Consultant beyond the typical obligations under this Agreement and the WAL,
but only to the extent that such expenses are directly related to Services satisfactorily completed, are
approved by District in writing and do not cause the amounts paid to Consultant to exceed the amounts
allowed under this Agreement and the WAL. No mark-up of any expense is permitted. The following is
the EXCLUSIVE list of reimbursable expenses:

A. Travel and Mileage. Consultant must request the travel in writing and justify why the travel
should be reimbursed. Travel expenses must be approved in writing by District, in its sole discretion.
Trips from any Consultants office to Districts office or to the subject project site will not be
approved for reimbursement.

B. Reimbursable Reprographic Services. Print sets or copies requested in writing by District beyond
the quantities required under the WAL.

C. Fees for Subcontractors. Fees for subcontractors hired and paid by Consultant at the written
request of District and are permitted in the Agreement and the WAL.

D. Fees advanced for securing approval of public agencies having jurisdiction over any project
hereunder.

IV. Consultant shall provide to District a complete Schedule of Values (SOV), identifying major work
activities required to complete the authorized scope of work. All invoices must reflect the appropriate
progress percentage for each SOV item billed, to be verified by District. District will compensate
Consultant for the Services performed upon approval by District of a valid and complete invoice, in form
and substance acceptable to District. See Exhibit G for required Invoice Approval Form and Billing
Cover Sheet. The Billing Cover Sheet shall reflect the approved SOV. In connection with Services that
are only partially completed at the time an invoice is paid, notwithstanding any provision of the
Agreement, the WAL, or any other document, payment of the invoice does not constitute acceptance of
the partially completed work or Service. Each invoice is to include:

A. Billing Cover Sheet/SOV with all appropriate progress percentages identified toward completion of the
Services.
B. Acceptable back-up for billings shall include, but not be limited to:
a. Records for all personnel describing the work performed, the number of hours worked, and the
hourly rate, for all time charged to the Services.
b. Records for all supplies, materials and equipment properly charged to the Services.
c. Records for all travel pre-approved by District and properly charged to the Services.
d. Records for all subcontractor labor, supplies, equipment, materials, and travel properly charged
to the Services.

Unless otherwise directed by District, in writing, completed invoices are to be submitted to the attention of the
Director of Purchasing and the Assistant Superintendent, Business and Fiscal Services. To be considered complete,
the invoice packet shall include all back-up documentation required by District and sign-off from District staff,
Program Manager or project manager assigned by District to supervise the Services.

V. The total compensation for the Services shall be provided for in the WAL(s) issued subsequent to this
Agreement.

Not Project Related
Project #13-125

ND#4819-2103-6308 Exhibit B page 3 Consultant Services Agreement

VI. Compensation Upon Termination. In the event that District suspends or terminates this Agreement, the
WAL or any of the Services pursuant to Section 11 or Section 12a of the Agreement, District will pay
Consultant as provided herein and the WAL for all Services and authorized Additional Work actually
performed, and all authorized reimbursable expenses actually incurred and paid, under and in accordance with
this Agreement and the WAL, up to and including the date of suspension or termination; provided that such
payments shall not exceed the amounts specified in the Agreement and the WAL as compensation for the
Services completed, plus any authorized Additional Work and authorized reimbursable expenses completed
prior to suspension or termination. No payment for demobilization shall be paid unless District at its sole
discretion determines that demobilization or other compensation is appropriate. After a notice of termination is
given, Consultant shall submit to District a final claim for payment, in the form and with certifications
prescribed by District. Such claim shall be submitted promptly, but in no event later than forty (40) calendar
days after the Termination Date specified on the notice of termination. Such payment shall be Consultants
sole and exclusive compensation and District shall have no liability to Consultant for any other compensation
or damages, including without limitation, anticipated profit, prospective losses, legal fees or costs associated
with legal representation or consequential damages, of any kind.














Not Project Related
Project #13-125

ND#4819-2103-6308 Exhibit C page 1 Consultant Services Agreement


EXHIBIT C
TO AGREEMENT FOR CONSULTANT SERVICES #13-125


INSURANCE

I. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to District
Superintendent or District Counsel, in full force and effect throughout the Term of this Agreement and the WAL,
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, subcontractors, representatives and/or employees.
Insurance is to be placed with insurers authorized to conduct business in the State of California and with a current
A.M. Best's rating of no less than A, as rated by the current edition of Bests Key Rating Guide, published by A.M.
Best Company, Oldwick, New J ersey 08858. Consultant shall provide the following scope and limits of insurance:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability coverage of not less than two million dollars ($2,000,000)
aggregate and one million dollars ($1,000,000) per occurrence.

(2) Auto liability insurance with limits of not less than one million dollars ($1,000,000).

(3) Insurance coverage should include:

1. owned, non-owned and hired vehicles;
2. blanket contractual;
3. broad form property damage;
4. products/completed operations; and
5. personal injury.

(4) Workers' Compensation insurance as required by the laws of the State of California.

(5) Abuse and Molestation coverage of not less than two million dollars ($2,000,000) per
occurrence and five million dollars ($5,000,000) aggregate.

(6) Professional liability (Errors and Omissions) insurance, including contractual liability, as
appropriate to the Consultants profession, in an amount of not less than the following:

Accountants, Attorneys, Education Consultants, $1,000,000
Nurses, Therapists

Architects $1,000,000 or $2,000,000

Physicians and Medical Corporations $5,000,000

Failure to maintain professional liability insurance is a material breach of this Agreement and the WAL and
grounds for immediate termination

II. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
Not Project Related
Project #13-125

ND#4819-2103-6308 Exhibit C page 2 Consultant Services Agreement


A. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the
coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in
coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been
given to District

B. General Liability, Automobile Liability, and Abuse/Molestation Coverages.

(1) District, and its respective elected and appointed officers, officials, employees and
volunteers are to be covered as additional insureds (collectively, additional insureds) as respects the following:
liability arising out of activities and/or Services Consultant performs; products and completed operations of
Consultant; premises owned, occupied or used by Consultant; automobiles owned, leased, hired or borrowed by
Consultant, and Abuse/Molestation. The coverage shall contain no special limitations on the scope of protection
afforded to additional insureds.

(2) Each policy shall state that the coverage provided is primary and any insurance carried by
any additional insured is in excess to and non-contributory with Consultants insurance.

(3) Consultants 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.

(4) Any failure to comply with the reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to any additional insured.

III. Other Requirements. Consultant agrees to deposit with District, at or before the effective date of this
Agreement and the WAL, certificates of insurance necessary to satisfy District that the insurance provisions of this
Agreement have been complied with. District may require that Consultant furnish District with copies of original
endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. District reserves the right to inspect complete,
certified copies of all required insurance policies, at any time.

A. If any Services are performed by a subcontractor, Consultant shall furnish certificates and
endorsements from each subcontractor identical to those Consultant provides.

B. Any deductibles or self-insured retentions must be declared to and approved by District. At the
option of District, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
District or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses
and claims.

C. The procuring of any required policy or policies of insurance shall not be construed to limit
Consultants liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.


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Project #13-125

ND#4819-2103-6308 Exhibit D page 1 Consultant Services Agreement

EXHIBIT D
TO AGREEMENT FOR CONSULTANT SERVICES #13-125
CONFLICT OF INTEREST CHECK

Bylaws of the Board 2030(C)E requires that the Superintendent or a designee make a determination, on a case by
case basis, concerning whether disclosure will be required from a consultant to comply with Districts Conflict of
Interest Code (commencing with Bylaws of the Board 2030 BB).

Consultants are required to file disclosures when, pursuant to a contract with District, Consultant will make certain
specified government decisions or will perform the same or substantially the same duties for District as a staff
person would.


The services to be performed by Consultant under the Agreement to which this Exhibit D is attached [] constitute
[X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code.
Therefore, Consultant, [] is [X] is not subject to disclosure obligations.


Date:

By:
Lisa A. Franz
Director, Purchasing


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Project #13-125

ND#4819-2103-6308 Exhibit E page 1 Consultant Services Agreement

EXHIBIT E
TO AGREEMENT FOR CONSULTANT SERVICES #13-125

BACKGROUND CHECK AND FINGERPRINTING PROCEDURES
FOR CONTRACTORS

The successful Bidder will be required to assure that its employees, subcontractors of any tier, material
suppliers, and consultants do not have direct contact with the Districts students during the performance
of the Contract in compliance with Education Code 45125.1 and 45125.2. To assure these provisions,
the successful Bidders supervisor shall be fingerprinted, and proof of same shall be provided to the
District prior to start of on-site work. The supervisor will monitor the workers conduct while on school
grounds. In addition, the successful Bidder shall barricade the Work area to separate its workers from the
students. Costs associated with this process are the responsibility of the successful Bidder.

The Contractors construction supervisors or their unsupervised employees who will be working outside
of fenced areas during the school hours must have submitted a fingerprint identification card to the
Department of J ustice (DOJ ) and have a proof of clearance in the form of an affidavit filed in the Oxnard
School Districts Purchasing Office prior to the start of the Work.

California Education Code 45125.1 and 45125.2 require that criminal checks be completed for
contractors (Contracting Firm) who provide architectural, construction, janitorial, administrative,
landscape, transportation, food-related, or other similar services to school districts.

The undersigned does hereby certify to the Board of Trustees of the Oxnard School District as follows:

That I am a representative of the Contractor currently under contract (Contract) with the District; that I
am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on
behalf of Contractor.

Contractor certifies that it has taken the following actions with respect to the construction Project that is
the subject of the Contract:

1. Pursuant to Education Code 45125.2, Contractor has installed or will install, prior to
commencement of Work, a physical barrier at the Work Site, which will limit contact between
Contractors employees and District pupils at all times (mandatory for all Projects); AND

2. The Contractor has complied with the fingerprinting requirements of Education Code 45125.1
with respect to all Contractors employees and all of its subcontractors employees who may have contact
with District pupils in the course of providing services pursuant to the Contract, and the California
Department of J ustice has determined that none of those employees has been convicted of a felony, as that
term is defined in Education Code 45122.1. A complete and accurate list of Contractors employees and
of all its subcontractors employees who may come in contact with District pupils during the course and
scope of the Contract is attached hereto; AND/OR

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Project #13-125

ND#4819-2103-6308 Exhibit E page 2 Consultant Services Agreement

3. Pursuant to Education Code 45125.2, Contractor certifies that all employees will be under the
continual supervision of, and monitored by, an employee of the Contractor who the California Department
of J ustice has ascertained has not been convicted of a violent or serious felony. The name and title of
each employee who will be supervising Contractors employees and its subcontractors employees is:

Name: _____________________________________

Title: ______________________________________

AND/OR

4. The Work on the Contract is at an unoccupied school site and no employee and/or subcontractor or
supplier of any tier of Contract shall come in contract with District pupils.

Contractors responsibility for background clearance extends to all of its employees, Subcontractors, and
employees of Subcontractors coming into contact with District pupils regardless of whether they are
designated as employees or acting as independent contractors of the Contractor.

Date: _________

Proper Name of Contractor: ______________________________________

Signature: _________________________

By: ______________________________________

Its: ______________________________________
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Project #13-125

ND#4819-2103-6308 Exhibit F page 1 Consultant Services Agreement

EXHIBIT F
TO AGREEMENT FOR CONSULTANT SERVICES #13-125

SCOPE OF SERVICES PROJECT SURVEYOR

The Project Surveyors Scope of Work includes, but is not limited to, the following:
Consultant shall ensure that project design documents are in accordance with all legal boundaries,
representative of actual topographical elevations, and inclusive of all existing improvements including
locations, extents, and depths/heights, of all existing structures, slabs, utilities, and other physical
infrastructure and other improvements.

1) Boundary Survey-General Requirements:
a. Obtain a preliminary title report for the assigned property.
b. Perform a field survey to located boundary monuments related to a project site boundary. If an
existing Record of Survey, Parcel Map or Final Map exists for the project site, and sufficient
record monuments are found, locate and place the record boundary lines in the topographic
mapping. Reference monuments used to place boundary lines in the topographic map will also be
shown. No missing or destroyed monuments will be replaced.
c. If no Record of Survey, Parcel Map or Final Map exists for the project site, perform a field survey
in accordance with Business and Professions Code 8762. Monuments shall be set at property
corners or at alternate locations if corner monument cannot be set. A supplemental drawing of the
boundary and monuments will be provided to the Client for placement in the topographic
mapping. The location of easements and rights-of-way, both over and in favor of subject
properties should be included in this proposal, including costs for obtaining a preliminary title
report for the subject property if such report is not readily available from the District.

2) Topographic Survey Scope of Services:
a. Consultant shall retain a qualified underground utility location service to provide thorough data
collection and facilitate completion of the work tasks listed below:
1. Note width of adjoining roadways, width and type of pavement. Identify existing landmarks
and monuments;
2. Plot location of existing structures and corners on the property and structures on adjacent
properties within 75 feet;
3. Locate and describe relevant features, including, but not limited to fences, power poles, light
standards, signage, equipment, play structures, and walls;
4. Show recorded or otherwise known easements and rights-of-way; state the owner of right of
each;
5. Note possibilities of prescriptive rights-of-way and the nature of each;
6. Establish a minimum of one permanent benchmark on site; description and elevation to nearest
.01. Location of benchmark to be determined by Architect of Record;
7. Indicate contours at one foot intervals; error shall not exceed one half contour interval;
8. Indicate spot elevations at each intersection of a 50 foot square grid covering the property;
9. Provide spot elevations at joint points and match lines where new pavement and/or structures
will interface with existing surfaces and/or building finish floor, and roof elevations in the area
of project construction;
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ND#4819-2103-6308 Exhibit F page 2 Consultant Services Agreement

10. Provide spot elevations at street or walkway intersections and at 25 feet on center on curb,
sidewalk and edge of paving, including center line and far side of street. If elevations vary from
established grades, state established grades;
11. Plot location of existing structures, above and below ground, man-made (e.g., paved areas and
buildings or structures covered or obscured by trees will be located by conventional survey
methods, together with finished floor elevations for all buildings within the survey limits that
are to be retained for future use. Individual trees greater than two (2) inches in diameter are to
be located by conventional methods. Clusters of trees will be shown by locating the center of
the cluster, with a perimeter drip line. Frontage improvements within the survey limits, (such as
curbs, gutter, walks, paving and centerlines will be supplemented by conventional survey
methods) and natural features; all finish floor elevations and elevations at each entrance of
buildings on the property including elevations of adjacent natural grade and/or existing
pavement and curbs, cross slopes of adjacent walks, etc.;
12. Retain Underground Utility Location service to:
a. Indicate location, size, depth and pressure of water and gas mains, central steam and other
utilities including, but not limited to: buried tanks and septic fields serving, or on, the property;
b. Indicate location of fire hydrants available to the property and the size of the main serving
each;
c. Indicate location, depth, and characteristics of power and communications systems above and
below grade; and,
d. Indicate location, size, depth and direction of flow of sanitary sewers, combination sewers,
storm drains and culverts serving, or on, the property; location and elevation of catch basins and
manholes, and inverts of pipe at each;
13. Review District archives for relevant information and compare to field observations; Review
county recorder and city clerk archives for relevant information and compare to field
observations.

3) Reports
As part of the Services, Consultant will prepare and deliver the following tangible work products to
District:
1. Six (6) copies of complete site survey map, stamped, certified and wet-signed by licensed civil
engineer, indicating all information noted above. Digital file must accompany final survey with
all information indicated above provided in an Auto Cad file, 2007 and 2010 versions. Layering
shall be as directed by the Architect of Record.
2. Add-alternate may be considered for delivery final survey documentation in GIS mapping
format for use in 3D design model.

4) Time
The surveys shall be completed and hard copies with electronic files transmitted within 30 calendar days
of the notice to proceed.

5) Accuracy Standards
Precision of the survey shall be based on the positional accuracy concept. The Surveyor shall recommend
positional accuracy limits and error of closure limits for the property being surveyed in the proposal.
Not Project Related
Project #13-125

ND#4819-2103-6308 Exhibit G page 1 Consultant Services Agreement

EXHIBIT G
TO AGREEMENT FOR CONSULTANT SERVICES #13-125

INVOICE APPROVAL LETTER & BILLING COVER SHEET

DATE:
Project No.___: [INSERT PROJECT NAME]
Consultant: Jensen Design & Survey, Inc. (JDS)

J DS has submitted Invoice No. _________ for review by the Districts Program Manager, Caldwell
Flores Winters, Inc. (CFW), and Assistant Superintendent of Business Services, Lisa Cline.

By signing below, a representative of J DS, hereby certifies that the invoice submitted is a true and
accurate reflection of the work performed to date, is an accurate representation of the percent work
completed for the phase identified in the invoice, and that the invoice submitted does not include any
charges for services that have been previously paid, or rejected by the District and/or CFW.



J ensen Design & Survey, Inc. Date


The invoice has been reviewed by the following and is recommended for payment:



Caldwell Flores Winters, Inc. Date




Oxnard School District Date
Lisa Cline, Assistant Superintendent,
Business and Fiscal Services
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Project #13-125

ND#4819-2103-6308 Exhibit G page 2 Consultant Services Agreement


















































Not Project Related
Project #13-125

ND#4819-2103-6308 Exhibit G page 3 Consultant Services Agreement


Agreement #13-126
OXNARD SCHOOL DISTRICT
AGREEMENT FOR CONSULTANT SERVICES
(MASTER AGREEMENT)

This Agreement for Consultant Services (Agreement) is entered into as of this 13
th
day of November,
2013 by and between the Oxnard School District (District), with offices located at 1051 South A Street, Oxnard,
CA 93030, and MNS Engineers, Inc. (Consultant) with a business address at 4580 E. Thousand Oaks Blvd.,
Suite 101, Westlake Village, CA 91362. District and Consultant are sometimes hereinafter individually referred to
as Party and hereinafter collectively referred to as the Parties.
RECITALS
A. District is authorized by California Government Code Section 53060, and Board Policy 4368, to
contract with independent contractors for the furnishing of services concerning financial, economic, accounting,
engineering, legal, administrative and other matters. District has sought, by issuance of a Request for
Qualifications, the performance of certain services, with the precise scope of work to be specified at the time of
assignment of work.
B. Following submission of a Statement of Qualifications for the performance of services, Consultant
was prequalified by District to perform services on behalf of District that may be assigned, or not assigned, at the
Districts sole discretion.
C. The Parties desire to formalize the prequalification of Consultant for performance of services and
desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and
contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties
agree as follows:
1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all exhibits attached to this
Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein.
2. Master Agreement. This Agreement sets forth the basic terms and conditions between District and
Consultant. It may be supplemented from time to time with an individual Work Authorization Letter
(WAL) which shall be considered an amendment to this Agreement, and which shall be subject to all
the terms and conditions of this Agreement, and any further terms and conditions as set forth in the
WAL.
3. Scope of Services. The scope of Services to be assigned to Consultant pursuant to a WAL is further
defined in Exhibit F Scope of Services, wherein the general responsibilities of Consultant are
described pursuant to the discipline(s) for which the Consultant has been deemed prequalified by
District as described in this Agreement.
4. Agreement, Scope of Work, and Assignment of Projects. District may, from time to time, and at the
sole discretion of District, assign to Consultant specific services to be performed by Consultant (the
Services) pursuant to a WAL. The WAL assignment procedure and associated forms are set forth in
Exhibit A, which is attached hereto. This Agreement, together with the WAL, sets forth the terms and
conditions pursuant to which Consultant will perform such Services on behalf of District. The WAL
ND#4819-2103-6308 Consultant Services Agreement 2
shall particularize and describe, among other things, such project(s) for which Consultant is to perform
Services, such Services to be performed by Consultant at such project(s), the timeline for the
performance of such Services, and the compensation to be paid to Consultant for the performance of
such Services.
5. Term of Agreement. Subject to earlier termination as provided below, this Agreement shall remain in
effect from November 13, 2013 through November 12, 2018 (the Term). This Agreement may be
extended only by amendment, signed by the Parties, prior to the expiration of the Term. Such
agreement for extension shall be based upon the showing of good and sufficient cause by Consultant
that such extension(s) shall be granted. District shall not be obligated to compensate Consultant for
any additional costs if such an extension has been granted to this Agreement. Any provision for
additional compensation shall be accommodated via the WAL process as indicated in Exhibit A.
6. Time for Performance. The scope of the Services set forth in the WAL shall be completed during the
Term pursuant to the schedule specified in the WAL. If Services indicated in the WAL cannot be
completed within the schedule set forth in the WAL, or if the schedule exceeds the Term of this
Agreement, it is the responsibility of Consultant to notify District at least ninety (90) days prior to the
expiration of either, with a request for a time extension clearly identifying the cause(s) for the failure to
complete the Services within the schedule and/or the Term. Should Consultant fail to provide such
notice, and/or the Services not be completed pursuant to that schedule or within the Term, Consultant
shall be deemed to be in Default as provided below. District, in its sole discretion, may choose not to
enforce the Default provisions of this Agreement and may instead allow Consultant to continue
performing the Services.
7. Additional Services. Additional Services are services in addition to the Services set forth in the WAL
that are provided by Consultant pursuant to a written request by District. Additional Services will
require a written request or pre-authorization in writing by District following specific approval of such
services by the District Board of Trustees. It is understood and agreed that Consultant shall not
perform any Additional Services unless and until Consultant receives specific written approval for such
Additional Services from the District Board of Trustees. Any modification of the compensation to be
paid to Consultant as a result of Additional Services must be specifically approved in writing by the
District Board of Trustees. In the event that the District Board of Trustees approves in writing a
modification of the compensation, then Consultant shall be paid for such Additional Services pursuant
to Section 8, below. However, it is understood and agreed that if the cause of the Additional Services
is the sole or partial responsibility of Consultant, its agents, or any subconsultants or other parties under
the charge of Consultant, no additional compensation shall be paid to Consultant. If such conditions
exist so as to justify Additional Services as indicated above, which require additional compensation or
time in order to be performed, it is the sole responsibility of Consultant to submit a request for
Additional Services within ten (10) days of Consultants discovery of such conditions which require
Additional Services. It is understood and agreed that if Consultant performs any services that it claims
are Additional Services without receiving prior written approval from the District Board of Trustees,
Consultant shall not be paid for such claimed Additional Services.
8. Compensation and Method of Payment. This Agreement does not guarantee that District will issue a
WAL to Consultant nor does this Agreement guarantee any compensation to Consultant. This
Agreement does not create any obligation on the part of District to compensate Consultant absent a
WAL indicating compensation due to Consultant once Services are performed. Specific compensation
and payment amounts, including approved reimbursable expenses, shall be set forth in the WAL.
However, it is understood and agreed that the compensation to be paid to Consultant shall not be in
excess of or exceed the rates set forth in Exhibit B Compensation.
ND#4819-2103-6308 Consultant Services Agreement 3
a. Each month Consultant shall furnish to District an original invoice for all work performed and
expenses incurred during the preceding month for Services performed pursuant to a WAL. The invoice
shall clearly indicate the assigned project, the approved WAL, and shall detail charges by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts.
Sub-consultant charges, if any, shall be detailed by the following categories: labor, travel, materials,
equipment and supplies. District shall independently review each invoice submitted by Consultant to
determine whether the work performed and expenses incurred are in compliance with the provisions of
this Agreement and the WAL. In the event that no charges or expenses are disputed, the invoice shall
be approved and paid according to the terms set forth in subsection b. In the event any charges or
expenses are disputed by District, the original invoice shall be returned by District to Consultant for
correction and resubmission.
b. Except as to any charges for work performed or expenses incurred by Consultant which are
disputed by District, District will use its best efforts to cause Consultant to be paid within forty-five
(45) days of receipt of Consultants correct and undisputed invoice.
c. Payment to Consultant for work performed pursuant to this Agreement and a WAL shall not be
deemed to waive any defects in work performed by Consultant.
9. Responsibilities of Consultant:
a. Consultant shall perform all Services as indicated in this Agreement and the WAL to the
satisfaction of District.
b. The specific Services of Consultant to be performed shall be indicated in the WAL.
c. Consultant hereby represents and warrants that (a) it is an experienced consultant in the
discipline(s) identified in Exhibit F, having the skill and the legal and professional ability and the
flexibility necessary to perform all of the Services required under this Agreement; (b) it has the
capabilities and resources necessary to perform its obligations hereunder; (c) it is familiar with all
current laws, rules, regulations and other restrictions which are and may become applicable to the
scope of Services under this Agreement, including but not limited to all local ordinances, building
codes, and requirements of all Authorities Having J urisdiction (AHJ ) including but not limited to the
Division of State Architect (DSA), the Office of Public School Construction (OPSC), the State
Facilities Planning Division (SFPD), California Department of Education (CDE), the California
Department of General Services (DGS), the Department of Toxic Substances Control (DTSC), the
California Environmental Quality Act (CEQA), Title 24 of the California Code of Regulations, the
California Education Code, State and Local Fire Authorities, air quality districts, water quality and
control boards, and any/all other AHJ ; (d) that it will assume full responsibility for all Services
performed and all work prepared and furnished to District by its employees, agents, and subconsultants;
(e) that it has sufficient financial strength and resources to undertake and complete the Services
provided for under this Agreement within the schedule set forth in the WAL; and (f) that it certifies and
covenants that all reports, certifications, studies, analyses, and other documents prepared by Consultant
shall be prepared in accordance with all applicable laws, rules, regulations, and other requirements in
effect at the time of their preparation, or required at their time of submittal to District and or agencies.
d. Consultant shall follow accepted industry standards and practices and comply with all federal,
state, and local laws and ordinances applicable to the Services required by this Agreement and the
WAL.
10. Responsibilities of District.
ND#4819-2103-6308 Consultant Services Agreement 4
a. District will prepare and furnish to Consultant upon Consultants request, such information as is
reasonably necessary to the performance of the Services required under this Agreement and the WAL.
Consultant understands that all information provided to Consultant remains the property of District and
shall only be removed from Districts possession/premises and/or be photocopied, reproduced,
distributed, or otherwise made available to others if such activities are expressly approved in writing by
District and/or the Program Manager. Failure to comply with the above requirements shall be
reasonable cause for termination of this Agreement, and may subject Consultant to liability for
damages to District.
b. If needed by Consultant, District shall provide information as to the requirements and educational
program for each project assigned by a WAL, including approved budget and schedule limitations.
c. District shall facilitate and coordinate cooperation amongst and between District consultants,
including but not limited to architects, construction managers, surveyors, geotechnical engineers,
inspectors, testing laboratories, hazardous materials specialists, CEQA/DTSC compliance specialists,
technology experts, and any other professional consultants District deems necessary to execute the
Facilities Implementation Program. Such coordination shall include the distribution of documentation
prepared by individual consultants which may be of service to Consultant in the course of completing
the Services.
d. District shall facilitate and coordinate cooperation amongst and between District staff and
Consultant, as required to complete the Services.
e. District shall provide for the timely approval and execution of the WALs, Additional Services
requests, invoices, and any other documentation that requires District action in order for Consultant to
complete the Services.
11. Suspension. District may, for any reason or no reason, in Districts sole discretion, suspend all or a
portion of this Agreement, the WAL, or the Services by giving ten (10) calendar days written notice of
suspension to Consultant. In the event such notice is given, Consultant shall cease immediately all
work in progress. If District suspends the Services for a period of ninety (90) consecutive calendar
days or more and, in addition, if such suspension is not caused by Consultant or the acts or omissions
of Consultant, then if the Services are resumed, Consultants compensation shall be subject to
adjustment to provide for actual direct costs and expenses incurred by Consultant as a direct result of
the suspension and resumption by District of the Services.
12. Termination. This Agreement, the WAL, or the Services may be terminated at any time by mutual
agreement of the Parties or by either Party as follows:
a. District may terminate all or a portion of this Agreement, the WAL, or the Services without cause
at any time by giving ten (10) calendar days written notice of termination to Consultant. In the event
such notice is given, Consultant shall cease immediately all work in progress; or
b. District may terminate all or a portion of this Agreement, the WAL, or the Services for cause in the
event of a Default by giving written notice pursuant to Section 15, below; or
c. Consultant may terminate this Agreement or the WAL at any time upon thirty (30) calendar days
written notice if District fails to make any undisputed payment to Consultant when due and such failure
remains uncured for forty-five (45) calendar days after written notice to District.
ND#4819-2103-6308 Consultant Services Agreement 5
13. Similar or Identical Services. In the event that this Agreement, the WAL, or any of the Services are
terminated in whole or in part as provided herein, District may procure, upon such terms and in such
manner as District may determine appropriate, services similar or identical to those terminated to
complete any unfinished Services or new services as needed by District.
14. Inspection and Final Acceptance. District acceptance of any of work or Services, whether specifically
in writing or by virtue of payment, shall not constitute a waiver of any of the provisions of this
Agreement or the WAL including, but not limited to, indemnification and insurance provisions.
15. Default. Failure of Consultant to perform any Services or comply with any provisions of this
Agreement or the WAL constitutes a Default. District may terminate all or any portion of this
Agreement, the WAL, or the Services for cause in the event of a Default. The termination shall be
effective if Consultant fails to cure such Default within thirty (30) calendar days following issuance of
written notice thereof by District, or if the cure by its nature takes longer, fails to commence such cure
within thirty (30) calendar days from the date of issuance of the notice and diligently prosecutes such
cure to the satisfaction of District. If Consultant has not cured the Default, District may hold all
invoices and may choose to proceed with payment on said invoices only after the Default is cured to
Districts satisfaction. In the alternative, District may, in its sole discretion, during the period before
Consultant has cured the Default, elect to pay any portion of outstanding invoices that corresponds to
Services satisfactorily rendered. Any failure on the part of District to give notice of Consultants
default shall not be deemed to result in a waiver of Districts legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to Districts termination rights set forth above, District shall have (i) the right to cure
Consultants Default at Consultants cost, in which case all amounts expended by District in connection
with such cure shall accrue interest from the date incurred until repaid to District by Consultant at the
rate of ten percent (10%) per annum; and (ii) all other rights and remedies available to District at law
and in equity, including, without limitation, an action for damages. District shall have the right to
retain unpaid earned balances to offset damages, and/or charge Consultant for all damages above and
beyond unpaid balance of WAL.
16. Ownership of Documents. All maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any Services pursuant to this Agreement or the WAL
(collectively and individually, the Documents) shall become the sole property of District and may be
used, reused or otherwise disposed of by District without the permission of Consultant. Upon
completion, expiration or termination of this Agreement or the WAL, Consultant shall turn over to
District all such Documents.
17. Use of Documents by District. If and to the extent that District utilizes for any purpose not related to
this Agreement or the WAL any Documents, Consultants guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
18. Consultants Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultants performance of Services pursuant to this Agreement or the
WAL for a minimum of four years after termination or expiration of this Agreement and the WAL, or
longer if required by law. Such records shall include at minimum a detailed record of daily
performance, staff time records, subconsultants time records, documentation of all costs incurred by
Consultant that were billed to District, and detailed records of all Consultant fees, overhead, and profit
on earned amounts.
ND#4819-2103-6308 Consultant Services Agreement 6
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled
checks, or other documents or records evidencing or relating to work, services, expenditures and
disbursements charged to District pursuant to this Agreement or the WAL for a minimum of four years,
or longer if required by law, all in accordance with generally accepted accounting principles and with
sufficient detail so as to permit an accurate evaluation of the Services provided by Consultant pursuant
to this Agreement or the WAL.
b. Any and all such records or documents shall be made available for inspection, audit and copying, at
any time during regular business hours, upon request by District or its designated representative.
Copies of such documents or records shall be provided directly to District for inspection, audit and
copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such
documents and records shall be made available at Consultants address indicated for receipt of notices
in this Agreement.
c. District has the right to acquire custody of such records by written request if Consultant decides to
dissolve or terminate its business. Consultant shall deliver or cause to be delivered all such records and
documents to District within sixty (60) days of receipt of the request.

19. Independent Contractor. Consultant is retained as an independent contractor and is not employed by
District. No employee or agent of Consultant shall become, or be considered to be, an employee of
District for any purpose. It is agreed that District is interested only in the results obtained from the
Services under this Agreement and the WAL and that Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the Services required under this
Agreement and the WAL. Consultant shall complete this Agreement and the WAL according to its
own methods of work which shall be in the exclusive charge and control of Consultant and which shall
not be subject to control or supervision by District except as to results of the Services. Consultant shall
provide all of its own supplies, equipment, facilities, materials, manpower, and any/all other resources
that may become necessary in the course of completing the Services. It is expressly understood and
agreed that Consultant and its employees shall in no event be entitled to any benefits to which District
employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation,
workers compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultants employees wages, payroll taxes, employee benefits and any
amounts due for federal and state income taxes and Social Security taxes since these taxes will not be
withheld from payments under this Agreement or the WAL.
a. The personnel performing the Services under this Agreement and the WAL on behalf of Consultant
shall at all times be under Consultants exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultants
officers, employees, or agents are in any manner officials, officers, employees or agents of District.
b. Consultant shall have no authority to bind District in any manner, or to incur any obligation, debt
or liability of any kind on behalf of or against District, whether by contract or otherwise, unless such
authority is expressly conferred in writing by District, or under this Agreement.
20. Standard of Performance. Consultant represents and warrants that it has the skill, qualifications,
experience and facilities necessary to properly perform the Services required under this Agreement and
the WAL in a thorough, competent and professional manner. Consultant represents and warrants that
its employees and subcontractors have all legally required licenses, permits, qualifications and
approvals necessary to perform the Services and that all such licenses and approvals shall be
maintained throughout the term of this Agreement and the WAL. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all Services
ND#4819-2103-6308 Consultant Services Agreement 7
described herein and the WAL. In meeting its obligations under this Agreement and the WAL,
Consultant shall employ, at a minimum, the standard of care utilized by persons engaged in providing
services similar to those required of Consultant under this Agreement and the WAL for California
school districts in or around the same geographic area of District (the Standard of Performance).
21. Confidential Information. All information gained during performance of the Services and all
Documents or other work product produced by Consultant in performance of this Agreement and the
WAL shall be considered confidential (confidential information). Consultant shall not release or
disclose any such confidential information, Documents or work product to persons or entities other
than District without prior written authorization from the Superintendent of District and/or Program
Manager, except as may be required by law. Confidential information does not include information
that: (i) Consultant had in its possession prior to considering entering into this Agreement; (ii) becomes
public knowledge through no fault of Consultant; (iii) Consultant lawfully acquires from a third party
not under an obligation of confidentiality to the disclosing party; or (iv) is independently developed by
Consultant without benefit of the information provided by District. In connection with confidential
information:
a. Consultant shall promptly notify District if it is served with any summons, complaint, subpoena or
other discovery request, court order or other request from any party regarding this Agreement or the
WAL or the Services performed hereunder or the WAL.
b. District retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to
provide District with the opportunity to review any response to discovery requests provided by
Consultant; provided that this does not imply or mean the right by District to control, direct, or rewrite
said response.
22. Conflict of Interest; Disclosure of Interest. Consultant covenants that neither it, nor any officer or
principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of District or which would in any way hinder Consultants performance of the
Services under this Agreement or the WAL. Consultant further covenants that in the performance of
this Agreement and the WAL, no person having any such interest shall be employed by it as an officer,
employee, agent or subcontractor without the express written consent of District. Consultant agrees to
at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of
District in the performance of this Agreement and the WAL.
a. Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E, as hereinafter amended or renumbered,
require that a consultant that qualifies as a designated employee must disclose certain financial
interests by filing financial interest disclosures. By its initials below, Consultant (i) represents that it
has received and reviewed a copy of the Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E and
that it [____] does [X] does not qualify as a designated employee; and (ii) agrees to notify District, in
writing, if Consultant believes that it is a designate employee and should be filing financial interest
disclosures, but has not been previously required to do so by District.
______ (Initials)
23. Compliance with Applicable Laws. In connection with the Services and its operations, Consultant
shall keep itself informed of and comply with all applicable federal, state and local laws, statutes,
codes, ordinances, regulations and rules including, but not limited to, minimum wages and/or
prohibitions against discrimination, in effect during the Term. Consultant shall obtain any and all
licenses, permits and authorizations necessary to perform the Services. Neither District, nor any
ND#4819-2103-6308 Consultant Services Agreement 8
elected or appointed boards, officers, officials, employees or agents of District shall be liable, at law or
in equity, as a result of any failure of Consultant to comply with this section.
a. Without limiting the generality of the foregoing, Consultant, unless exempted, shall comply with
the requirements of Education Code Section 45125.1 with respect to fingerprinting of employees who
may have contact with Districts pupils. Consultant must complete Districts certification form,
attached herein as Exhibit E, prior to any of Consultants employees coming into contact with any of
Districts pupils. Consultant also agrees to comply with all other operational requirements of District,
as may be revised from time to time, including but not limited to any obligations relating to vaccination
or testing for infectious diseases.
______ (Initials)
24. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of
the Federal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seq., as amended, and in
connection therewith, shall not employ unauthorized aliens as that term is defined in 8 U.S.C.A.
1324a(h)(3). Should Consultant so employ such individuals for the performance of work and/or
Services covered by this Agreement or the WAL, and should any liability or sanctions be imposed
against District for such employment, Consultant hereby agrees to and shall reimburse District for the
cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys'
fees, incurred by District.
25. Non-Discrimination. Consultant shall abide by the applicable provisions of the United States Civil
Rights Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in
any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex,
sexual orientation, age, physical handicap, medical condition or marital status in connection with or
related to the performance of this Agreement or the WAL.
26. Disabled Veteran Business Enterprise Participation. Pursuant to Education Code section 17076.11,
District has a participation goal for disabled veteran business enterprises (DVBEs) of at least three (3)
percent, per year, of funds expended each year by District on projects that use funds allocated by the
State Allocation Board pursuant to the Leroy F. Greene School Facilities Act. Unless waived in
writing by District, Consultant shall provide proof of DVBE compliance, in accordance with any
applicable policies of District or the State Allocation Board, within thirty (30) days of its execution of
this Agreement
27. Assignment. The expertise and experience of Consultant are material considerations for this
Agreement and the WAL. District has an interest in the qualifications of and capability of the persons
and entities that will fulfill the duties and obligations imposed upon Consultant under this Agreement
and the WAL. In recognition of that interest, Consultant shall not assign or transfer this Agreement or
any portion of this Agreement or any portion of the WAL or the performance of any of Consultants
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by Districts Board of Trustees. Any attempted assignment shall be ineffective,
null and void, and shall constitute a material breach of this Agreement and the WAL entitling District
to any and all remedies at law or in equity, including summary termination of this Agreement and the
WAL.
28. Subcontracting. Notwithstanding the above, Consultant may utilize subcontractors in the performance
of its duties pursuant to this Agreement and the WAL, but only with the prior written consent of
District. Consultant shall be as fully responsible to District for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by Consultants subcontractors, as
if the acts and omissions were performed by Consultant directly.
ND#4819-2103-6308 Consultant Services Agreement 9
29. District Administrator. Lisa Franz shall be in charge of administering this Agreement on behalf of
District, (the Administrator) provided that any written notice or any consent, waiver or approval of
District must be signed by the Superintendent or a designated employee of District to be valid. The
Administrator has completed Exhibit D Conflict of Interest Check attached hereto.
30. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultants staff and subcontractors consistent with the staff proposed as part of the
Statement of Qualifications, if any, assigned to perform Services under this Agreement and the WAL.
a. Consultant shall provide District and the Administrator a list of all personnel and subcontractors
providing Services and shall maintain said list current and up to date at all times during the Term. The
list shall include the following information: (1) all full or part-time staff positions by title, including
volunteer positions whose direct services are required to provide the Services; (2) a brief description of
the functions of each such position and the hours each position works each week or, for part-time
positions, each day or month, as appropriate; (3) the professional degree, if applicable, and experience
required for each position; and (4) the name of the person responsible for fulfilling the terms of this
Agreement and the WAL.
31. Indemnification. To the fullest extent permitted by law, Consultant shall defend and indemnify
District and its officials, elected board members, employees and agents (Indemnified Parties) from
and against all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, its officers, employees, consultants, subcontractors, or agents, pursuant
to this Agreement and/or the WAL, but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of any of the Indemnified Parties.
a. Consultant agrees to obtain executed indemnity agreements with provisions identical to the above
from each and every subcontractor retained or employed by Consultant in the performance of this
Agreement and the WAL. Failure of District to monitor compliance with these requirements imposes
no additional obligations on District and will in no way act as a waiver of any rights hereunder.
Consultants obligation to indemnify and defend District as set forth above is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and the
WAL.
______ (Initials)
32. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit C Insurance and made a part of this
Agreement. All insurance policies shall be subject to approval by District as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the District
Superintendent.
33. Notices. All notices required or permitted to be given under this Agreement or the WAL shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and
return receipt requested, addressed as follows:
To District: Oxnard School District
1051 South A Street
Oxnard, California, 93030
Attention: Lisa Cline
Assistant Superintendent , Business & Fiscal Services
Re: [Insert Project Name]
ND#4819-2103-6308 Consultant Services Agreement 10
With electronic copy to: Caldwell Flores Winters, Inc.
Oxnard School District Program Manager
6425 Christie Ave., Suite 270
Emeryville, California 94608
Attention: Yuri Calderon
T: 510-596-8170
Email: ycalderon@cfwinc.com
To Consultant: MNS Engineers, Inc.
4580 E. Thousand Oaks Blvd., Suite 101
Westlake Village, CA 91362
Attention: Fred Tice
T: (805) 648-4840
Email: ftice@mnsengineers.com
All notices, demands, or requests to be given under this Agreement or the WAL shall be given in writing
and conclusively shall be deemed received when delivered in any of the following ways: (i) on the date
delivered if delivered personally; (ii) on the date sent if sent by facsimile transmission and confirmation of
transmission is received; (iii) on the date it is accepted or rejected if sent by certified mail; and (iv) the date
it is received if sent by regular United States mail.
34. Excusable Delays. Neither Party will be liable to the other for unanticipated delays or failures in
performance resulting from causes beyond the reasonable control of that Party, including, but not
limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war,
governmental regulations, communications or utility failures, or casualties; provided that the delayed
Party: (i) gives the other Party prompt written notice of such cause; and (ii) uses its reasonable efforts
to correct such failure or delay in its performance. The delayed Party's time for performance or cure
under this section will be extended for a period equal to the duration of the cause or sixty (60) days,
whichever is less.
35. Entire Agreement; Binding Effect. This Agreement including Exhibits hereto, contains the entire
understanding of the Parties, and supersedes all other written or oral agreements. Consultant shall be
entitled to no other benefits other than those specified herein. No changes, amendments or alternations
shall be effective unless in writing and signed by both Parties and approved by Districts Board of
Trustees. Consultant specifically acknowledges that in entering into this Agreement, Consultant relied
solely upon the provisions contained in this Agreement and no others. This Agreement shall be
binding upon the heirs, executors, administrators, successors and assigns of the Parties.
36. Amendment. No changes, amendments to or modifications of this Agreement or the WAL shall be
valid, effective or binding unless made in writing and signed by both Parties and approved by the
Districts Board of Trustees. The Parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
37. Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement or the WAL shall
not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of
the provisions of this Agreement or the WAL shall not constitute a waiver of any other provision or a
waiver of any subsequent breach or violation of any provision of this Agreement or the WAL. None of
the provisions of this Agreement or the WAL shall be considered waived by either Party unless such
waiver is specifically specified in writing. Neither Districts review, approval of, nor payment for, any
of the Services required under this Agreement or the WAL shall be construed to operate as a waiver of
ND#4819-2103-6308 Consultant Services Agreement 11
any rights under this Agreement or the WAL, and Consultant shall remain liable to District in
accordance with this Agreement and the WAL for all damages to District caused by Consultants to
perform any of the Services to the Standard of Performance. This provision shall survive the
termination of this Agreement and the WAL.
38. Governing Law. This Agreement and the WAL shall be interpreted, construed and governed
according to the laws of the State of California. With respect to litigation involving this Agreement,
the WAL or the Services, venue in state trial courts shall lie exclusively in the County of Ventura,
California.
39. Severability. If any term, condition or covenant of this Agreement or the WAL is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement and the WAL shall not be affected thereby and the Agreement and WAL
shall be read and construed without the invalid, void or unenforceable provision(s).
40. Authority to Execute. The person or persons executing this Agreement on behalf of Consultant
represents and warrants that he/she/they has/have the authority to so execute this Agreement and to
bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, District and Consultant have executed and delivered this Agreement for
consultant services as of the date first written above.

OXNARD SCHOOL DISTRICT: MNS ENGINEERS INC.:



Signature Signature

Lisa A. Franz, Director, Purchasing
Typed Name/Title Typed Name/Title


Date Date

Tax Identification Number: 95-6002318 Tax Identification Number:

Not Project Related
Project #13-126


ND#4819-2103-6308 Exhibit A page 1 Consultant Services Agreement

EXHIBIT A
TO AGREEMENT FOR CONSULTANT SERVICES #13-126

WORK AUTHORIZATION PROCEDURES

1. Assignment of Work Authorization
1.1. Request For Proposal (RFP): At the sole discretion of District, one or more prequalified
professional services consultants shall be solicited with a Request For Proposal (RFP) for a
specific lump sum fixed fee proposal for defined Services to be complete within a defined timeline.
For a proposal to be valid it must clearly acknowledge the complete Services requested by District
and must include a lump sum fixed fee amount to complete all defined Services, a clearly defined
schedule for completion of Services which meets the required timeline defined by District and
shows final completion to occur within the Term of this Agreement.

1.2. Evaluation of Proposal: Districts Program Manager, in consultation with District, shall review each
proposal for validity, accuracy, competitiveness, and overall quality of the Services proposed to be
performed. In the case where more than one firm is solicited for a scope of defined Services, the
Program Manager shall evaluate each proposal thoroughly based on predetermined, objective
criteria to ensure a just and fair review of all proposals.

1.3. Selection of Consultant: Following evaluation of proposals, the consultant whose proposal exhibits
the best value for the benefit of District shall be recommended to the Superintendent for approval.

1.4. Work Authorization Letter (WAL): With the approval of the District Superintendent, the Program
Manager shall issue a Work Authorization Letter (WAL) to the selected consultant to perform the
defined Services as indicated in the RFP, for the lump sum fixed fee amount reflected in the
proposal, with all Services to complete within the timeline indicated in the RFP, and the Term set
forth in this Agreement. District retains the right to negotiate all terms of the WAL subsequent to
the receipt of proposal(s) in order to clarify the scope of Services, and/or make any adjustments to
the fee amount and required schedule prior to issuance of the WAL. The WAL shall be considered
a binding agreement, and amendment to this Agreement, once executed by Consultant, approved by
the District Board of Trustees, and executed by the Superintendent.

1.5. Performance of Services Set Forth in the WAL: Performance of Services set forth in the WAL shall
not commence until final approval by the District Superintendent and Board of Trustees, unless
expressly authorized by the District Superintendent and Program Manager. During the course of
completing the Services, Consultant shall comply will all provisions of this Agreement and the
WAL. All Services set forth in the WAL shall be completed within the schedule set forth in the
WAL.

1.6. Close Out of WAL Services: Upon completion of all Services required by the WAL, Consultant
shall submit all required close-out documentation, certifications, records, reports, warranties, and
any other information required or requested by District prior to submitting Consultants invoice for
final payment.

1.7. WAL Form: See next page for sample Work Authorization Letter.
Not Project Related
Project #13-126


ND#4819-2103-6308 Exhibit A page 2 Consultant Services Agreement

Not Project Related
Project #13-126

ND#4819-2103-6308 Exhibit B page 1 Consultant Services Agreement

EXHIBIT B
TO AGREEMENT FOR CONSULTANT SERVICES #13-126
COMPENSATION & RATE/FEE SCHEDULE

I. The following rates of pay shall apply in the performance of the Services under this Agreement and the
WAL:



II. Consultant may utilize subcontractors as permitted in the Agreement and the WAL. The hourly rate for
any subcontractor shall be consistent with the rate and fee schedule indicated in Section I above, unless
other direction is provided with written authorization from District Superintendent or his/her designee.

III. Claims for reimbursable expenses shall be documented by appropriate invoices and supporting receipts.
Consultant may be reimbursed for those reasonable out-of-pocket expenses set forth below that are
incurred and paid for by Consultant beyond the typical obligations under this Agreement and the WAL,
but only to the extent that such expenses are directly related to Services satisfactorily completed, are
approved by District in writing and do not cause the amounts paid to Consultant to exceed the amounts
Not Project Related
Project #13-126

ND#4819-2103-6308 Exhibit B page 2 Consultant Services Agreement

allowed under this Agreement and the WAL. No mark-up of any expense is permitted. The following is
the EXCLUSIVE list of reimbursable expenses:

A. Travel and Mileage. Consultant must request the travel in writing and justify why the travel
should be reimbursed. Travel expenses must be approved in writing by District, in its sole discretion.
Trips from any Consultants office to Districts office or to the subject project site will not be
approved for reimbursement.

B. Reimbursable Reprographic Services. Print sets or copies requested in writing by District beyond
the quantities required under the WAL.

C. Fees for Subcontractors. Fees for subcontractors hired and paid by Consultant at the written
request of District and are permitted in the Agreement and the WAL.

D. Fees advanced for securing approval of public agencies having jurisdiction over any project
hereunder.

IV. Consultant shall provide to District a complete Schedule of Values (SOV), identifying major work
activities required to complete the authorized scope of work. All invoices must reflect the appropriate
progress percentage for each SOV item billed, to be verified by District. District will compensate
Consultant for the Services performed upon approval by District of a valid and complete invoice, in form
and substance acceptable to District. See Exhibit G for required Invoice Approval Form and Billing
Cover Sheet. The Billing Cover Sheet shall reflect the approved SOV. In connection with Services that
are only partially completed at the time an invoice is paid, notwithstanding any provision of the
Agreement, the WAL, or any other document, payment of the invoice does not constitute acceptance of
the partially completed work or Service. Each invoice is to include:

1) Billing Cover Sheet/SOV with all appropriate progress percentages identified toward completion of the
Services.
2) Acceptable back-up for billings shall include, but not be limited to:
a) Records for all personnel describing the work performed, the number of hours worked, and the hourly
rate, for all time charged to the Services.
b) Records for all supplies, materials and equipment properly charged to the Services.
c) Records for all travel pre-approved by District and properly charged to the Services.
d) Records for all subcontractor labor, supplies, equipment, materials, and travel properly charged to the
Services.

Unless otherwise directed by District, in writing, completed invoices are to be submitted to the attention of the
Director of Purchasing and the Assistant Superintendent, Business and Fiscal Services. To be considered complete,
the invoice packet shall include all back-up documentation required by District and sign-off from District staff,
Program Manager or project manager assigned by District to supervise the Services.

V. The total compensation for the Services shall be provided for in the WAL(s) issued subsequent to this
Agreement.

VI. Compensation Upon Termination. In the event that District suspends or terminates this Agreement, the
WAL or any of the Services pursuant to Section 11 or Section 12a of the Agreement, District will pay
Consultant as provided herein and the WAL for all Services and authorized Additional Work actually
performed, and all authorized reimbursable expenses actually incurred and paid, under and in accordance with
Not Project Related
Project #13-126

ND#4819-2103-6308 Exhibit B page 3 Consultant Services Agreement

this Agreement and the WAL, up to and including the date of suspension or termination; provided that such
payments shall not exceed the amounts specified in the Agreement and the WAL as compensation for the
Services completed, plus any authorized Additional Work and authorized reimbursable expenses completed
prior to suspension or termination. No payment for demobilization shall be paid unless District at its sole
discretion determines that demobilization or other compensation is appropriate. After a notice of termination is
given, Consultant shall submit to District a final claim for payment, in the form and with certifications
prescribed by District. Such claim shall be submitted promptly, but in no event later than forty (40) calendar
days after the Termination Date specified on the notice of termination. Such payment shall be Consultants
sole and exclusive compensation and District shall have no liability to Consultant for any other compensation
or damages, including without limitation, anticipated profit, prospective losses, legal fees or costs associated
with legal representation or consequential damages, of any kind.
Not Project Related
Project #13-126

ND#4819-2103-6308 Exhibit C page 1 Consultant Services Agreement


EXHIBIT C
TO AGREEMENT FOR CONSULTANT SERVICES #13-126


INSURANCE

I. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to District
Superintendent or District Counsel, in full force and effect throughout the Term of this Agreement and the WAL,
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, subcontractors, representatives and/or employees.
Insurance is to be placed with insurers authorized to conduct business in the State of California and with a current
A.M. Best's rating of no less than A, as rated by the current edition of Bests Key Rating Guide, published by A.M.
Best Company, Oldwick, New J ersey 08858. Consultant shall provide the following scope and limits of insurance:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability coverage of not less than two million dollars ($2,000,000)
aggregate and one million dollars ($1,000,000) per occurrence.

(2) Auto liability insurance with limits of not less than one million dollars ($1,000,000).

(3) Insurance coverage should include:

1. owned, non-owned and hired vehicles;
2. blanket contractual;
3. broad form property damage;
4. products/completed operations; and
5. personal injury.

(4) Workers' Compensation insurance as required by the laws of the State of California.

(5) Abuse and Molestation coverage of not less than two million dollars ($2,000,000) per
occurrence and five million dollars ($5,000,000) aggregate.

(6) Professional liability (Errors and Omissions) insurance, including contractual liability, as
appropriate to the Consultants profession, in an amount of not less than the following:

Accountants, Attorneys, Education Consultants, $1,000,000
Nurses, Therapists

Architects $1,000,000 or $2,000,000

Physicians and Medical Corporations $5,000,000

Failure to maintain professional liability insurance is a material breach of this Agreement and the WAL and
grounds for immediate termination

II. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
Not Project Related
Project #13-126

ND#4819-2103-6308 Exhibit C page 2 Consultant Services Agreement


A. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the
coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in
coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been
given to District

B. General Liability, Automobile Liability, and Abuse/Molestation Coverages.

(1) District, and its respective elected and appointed officers, officials, employees and
volunteers are to be covered as additional insureds (collectively, additional insureds) as respects the following:
liability arising out of activities and/or Services Consultant performs; products and completed operations of
Consultant; premises owned, occupied or used by Consultant; automobiles owned, leased, hired or borrowed by
Consultant, and Abuse/Molestation. The coverage shall contain no special limitations on the scope of protection
afforded to additional insureds.

(2) Each policy shall state that the coverage provided is primary and any insurance carried by
any additional insured is in excess to and non-contributory with Consultants insurance.

(3) Consultants 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.

(4) Any failure to comply with the reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to any additional insured.

III. Other Requirements. Consultant agrees to deposit with District, at or before the effective date of this
Agreement and the WAL, certificates of insurance necessary to satisfy District that the insurance provisions of this
Agreement have been complied with. District may require that Consultant furnish District with copies of original
endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. District reserves the right to inspect complete,
certified copies of all required insurance policies, at any time.

A. If any Services are performed by a subcontractor, Consultant shall furnish certificates and
endorsements from each subcontractor identical to those Consultant provides.

B. Any deductibles or self-insured retentions must be declared to and approved by District. At the
option of District, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
District or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses
and claims.

C. The procuring of any required policy or policies of insurance shall not be construed to limit
Consultants liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.


Not Project Related
Project #13-126

ND#4819-2103-6308 Exhibit D page 1 Consultant Services Agreement

EXHIBIT D
TO AGREEMENT FOR CONSULTANT SERVICES #13-126
CONFLICT OF INTEREST CHECK

Bylaws of the Board 2030(C)E requires that the Superintendent or a designee make a determination, on a case by
case basis, concerning whether disclosure will be required from a consultant to comply with Districts Conflict of
Interest Code (commencing with Bylaws of the Board 2030 BB).

Consultants are required to file disclosures when, pursuant to a contract with District, Consultant will make certain
specified government decisions or will perform the same or substantially the same duties for District as a staff
person would.


The services to be performed by Consultant under the Agreement to which this Exhibit D is attached [] constitute
[X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code.
Therefore, Consultant, [] is [X] is not subject to disclosure obligations.


Date:

By:
Lisa A. Franz
Director, Purchasing


Not Project Related
Project #13-126

ND#4819-2103-6308 Exhibit E page 1 Consultant Services Agreement

EXHIBIT E
TO AGREEMENT FOR CONSULTANT SERVICES #13-126

BACKGROUND CHECK AND FINGERPRINTING PROCEDURES
FOR CONTRACTORS

The successful Bidder will be required to assure that its employees, subcontractors of any tier, material
suppliers, and consultants do not have direct contact with the Districts students during the performance
of the Contract in compliance with Education Code 45125.1 and 45125.2. To assure these provisions,
the successful Bidders supervisor shall be fingerprinted, and proof of same shall be provided to the
District prior to start of on-site work. The supervisor will monitor the workers conduct while on school
grounds. In addition, the successful Bidder shall barricade the Work area to separate its workers from the
students. Costs associated with this process are the responsibility of the successful Bidder.

The Contractors construction supervisors or their unsupervised employees who will be working outside
of fenced areas during the school hours must have submitted a fingerprint identification card to the
Department of J ustice (DOJ ) and have a proof of clearance in the form of an affidavit filed in the Oxnard
School Districts Purchasing Office prior to the start of the Work.

California Education Code 45125.1 and 45125.2 require that criminal checks be completed for
contractors (Contracting Firm) who provide architectural, construction, janitorial, administrative,
landscape, transportation, food-related, or other similar services to school districts.

The undersigned does hereby certify to the Board of Trustees of the Oxnard School District as follows:

That I am a representative of the Contractor currently under contract (Contract) with the District; that I
am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on
behalf of Contractor.

Contractor certifies that it has taken the following actions with respect to the construction Project that is
the subject of the Contract:

1. Pursuant to Education Code 45125.2, Contractor has installed or will install, prior to
commencement of Work, a physical barrier at the Work Site, which will limit contact between
Contractors employees and District pupils at all times (mandatory for all Projects); AND

2. The Contractor has complied with the fingerprinting requirements of Education Code 45125.1
with respect to all Contractors employees and all of its subcontractors employees who may have contact
with District pupils in the course of providing services pursuant to the Contract, and the California
Department of J ustice has determined that none of those employees has been convicted of a felony, as that
term is defined in Education Code 45122.1. A complete and accurate list of Contractors employees and
of all its subcontractors employees who may come in contact with District pupils during the course and
scope of the Contract is attached hereto; AND/OR

Not Project Related
Project #13-126

ND#4819-2103-6308 Exhibit E page 2 Consultant Services Agreement

3. Pursuant to Education Code 45125.2, Contractor certifies that all employees will be under the
continual supervision of, and monitored by, an employee of the Contractor who the California Department
of J ustice has ascertained has not been convicted of a violent or serious felony. The name and title of
each employee who will be supervising Contractors employees and its subcontractors employees is:

Name: _____________________________________

Title: ______________________________________

AND/OR

4. The Work on the Contract is at an unoccupied school site and no employee and/or subcontractor or
supplier of any tier of Contract shall come in contract with District pupils.

Contractors responsibility for background clearance extends to all of its employees, Subcontractors, and
employees of Subcontractors coming into contact with District pupils regardless of whether they are
designated as employees or acting as independent contractors of the Contractor.

Date: _________

Proper Name of Contractor: ______________________________________

Signature: _________________________

By: ______________________________________

Its: ______________________________________
Not Project Related
Project #13-126

ND#4819-2103-6308 Exhibit F page 1 Consultant Services Agreement

EXHIBIT F
TO AGREEMENT FOR CONSULTANT SERVICES #13-126

SCOPE OF SERVICES PROJECT SURVEYOR

The Project Surveyors Scope of Work includes, but is not limited to, the following:
Consultant shall ensure that project design documents are in accordance with all legal boundaries,
representative of actual topographical elevations, and inclusive of all existing improvements including
locations, extents, and depths/heights, of all existing structures, slabs, utilities, and other physical
infrastructure and other improvements.

1) Boundary Survey-General Requirements:
a. Obtain a preliminary title report for the assigned property.
b. Perform a field survey to located boundary monuments related to a project site boundary. If an
existing Record of Survey, Parcel Map or Final Map exists for the project site, and sufficient
record monuments are found, locate and place the record boundary lines in the topographic
mapping. Reference monuments used to place boundary lines in the topographic map will also be
shown. No missing or destroyed monuments will be replaced.
c. If no Record of Survey, Parcel Map or Final Map exists for the project site, perform a field survey
in accordance with Business and Professions Code 8762. Monuments shall be set at property
corners or at alternate locations if corner monument cannot be set. A supplemental drawing of the
boundary and monuments will be provided to the Client for placement in the topographic
mapping. The location of easements and rights-of-way, both over and in favor of subject
properties should be included in this proposal, including costs for obtaining a preliminary title
report for the subject property if such report is not readily available from the District.

2) Topographic Survey Scope of Services:
a. Consultant shall retain a qualified underground utility location service to provide thorough data
collection and facilitate completion of the work tasks listed below:
1. Note width of adjoining roadways, width and type of pavement. Identify existing landmarks
and monuments;
2. Plot location of existing structures and corners on the property and structures on adjacent
properties within 75 feet;
3. Locate and describe relevant features, including, but not limited to fences, power poles, light
standards, signage, equipment, play structures, and walls;
4. Show recorded or otherwise known easements and rights-of-way; state the owner of right of
each;
5. Note possibilities of prescriptive rights-of-way and the nature of each;
6. Establish a minimum of one permanent benchmark on site; description and elevation to nearest
.01. Location of benchmark to be determined by Architect of Record;
7. Indicate contours at one foot intervals; error shall not exceed one half contour interval;
8. Indicate spot elevations at each intersection of a 50 foot square grid covering the property;
9. Provide spot elevations at joint points and match lines where new pavement and/or structures
will interface with existing surfaces and/or building finish floor, and roof elevations in the area
of project construction;
Not Project Related
Project #13-126

ND#4819-2103-6308 Exhibit F page 2 Consultant Services Agreement

10. Provide spot elevations at street or walkway intersections and at 25 feet on center on curb,
sidewalk and edge of paving, including center line and far side of street. If elevations vary from
established grades, state established grades;
11. Plot location of existing structures, above and below ground, man-made (e.g., paved areas and
buildings or structures covered or obscured by trees will be located by conventional survey
methods, together with finished floor elevations for all buildings within the survey limits that
are to be retained for future use. Individual trees greater than two (2) inches in diameter are to
be located by conventional methods. Clusters of trees will be shown by locating the center of
the cluster, with a perimeter drip line. Frontage improvements within the survey limits, (such as
curbs, gutter, walks, paving and centerlines will be supplemented by conventional survey
methods) and natural features; all finish floor elevations and elevations at each entrance of
buildings on the property including elevations of adjacent natural grade and/or existing
pavement and curbs, cross slopes of adjacent walks, etc.;
12. Retain Underground Utility Location service to:
a. Indicate location, size, depth and pressure of water and gas mains, central steam and other
utilities including, but not limited to: buried tanks and septic fields serving, or on, the property;
b. Indicate location of fire hydrants available to the property and the size of the main serving
each;
c. Indicate location, depth, and characteristics of power and communications systems above and
below grade; and,
d. Indicate location, size, depth and direction of flow of sanitary sewers, combination sewers,
storm drains and culverts serving, or on, the property; location and elevation of catch basins and
manholes, and inverts of pipe at each;
13. Review District archives for relevant information and compare to field observations; Review
county recorder and city clerk archives for relevant information and compare to field
observations.

3) Reports
As part of the Services, Consultant will prepare and deliver the following tangible work products to
District:
1. Six (6) copies of complete site survey map, stamped, certified and wet-signed by licensed civil
engineer, indicating all information noted above. Digital file must accompany final survey with
all information indicated above provided in an Auto Cad file, 2007 and 2010 versions. Layering
shall be as directed by the Architect of Record.
2. Add-alternate may be considered for delivery final survey documentation in GIS mapping
format for use in 3D design model.

4) Time
The surveys shall be completed and hard copies with electronic files transmitted within 30 calendar days
of the notice to proceed.

5) Accuracy Standards
Precision of the survey shall be based on the positional accuracy concept. The Surveyor shall recommend
positional accuracy limits and error of closure limits for the property being surveyed in the proposal.
Not Project Related
Project #13-126

ND#4819-2103-6308 Exhibit G page 1 Consultant Services Agreement

EXHIBIT G
TO AGREEMENT FOR CONSULTANT SERVICES #13-126

INVOICE APPROVAL LETTER & BILLING COVER SHEET

DATE:
Project No.___: [INSERT PROJECT NAME]
Consultant: MNS Engineers, Inc. (MNS)

MNS has submitted Invoice No. _________ for review by the Districts Program Manager, Caldwell
Flores Winters, Inc. (CFW), and Assistant Superintendent of Business Services, Lisa Cline.

By signing below, a representative of MNS, hereby certifies that the invoice submitted is a true and
accurate reflection of the work performed to date, is an accurate representation of the percent work
completed for the phase identified in the invoice, and that the invoice submitted does not include any
charges for services that have been previously paid, or rejected by the District and/or CFW.



MNS Engineers, Inc. Date


The invoice has been reviewed by the following and is recommended for payment:



Caldwell Flores Winters, Inc. Date




Oxnard School District Date
Lisa Cline, Assistant Superintendent,
Business and Fiscal Services
Not Project Related
Project #13-126

ND#4819-2103-6308 Exhibit G page 2 Consultant Services Agreement


















































Not Project Related
Project #13-126

ND#4819-2103-6308 Exhibit G page 3 Consultant Services Agreement


Agreement #13-127
OXNARD SCHOOL DISTRICT
AGREEMENT FOR CONSULTANT SERVICES
(MASTER AGREEMENT)

This Agreement for Consultant Services (Agreement) is entered into as of this 13
th
day of November,
2013 by and between the Oxnard School District (District), with offices located at 1051 South A Street, Oxnard,
CA 93030, and Wagner Engineering & Survey, Inc. (Consultant) with a business address at 16933 Parthenia
Street, Suite 100, Northridge, CA 91343. District and Consultant are sometimes hereinafter individually referred to
as Party and hereinafter collectively referred to as the Parties.
RECITALS
A. District is authorized by California Government Code Section 53060, and Board Policy 4368, to
contract with independent contractors for the furnishing of services concerning financial, economic, accounting,
engineering, legal, administrative and other matters. District has sought, by issuance of a Request for
Qualifications, the performance of certain services, with the precise scope of work to be specified at the time of
assignment of work.
B. Following submission of a Statement of Qualifications for the performance of services, Consultant
was prequalified by District to perform services on behalf of District that may be assigned, or not assigned, at the
Districts sole discretion.
C. The Parties desire to formalize the prequalification of Consultant for performance of services and
desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and
contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties
agree as follows:
1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all exhibits attached to this
Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein.
2. Master Agreement. This Agreement sets forth the basic terms and conditions between District and
Consultant. It may be supplemented from time to time with an individual Work Authorization Letter
(WAL) which shall be considered an amendment to this Agreement, and which shall be subject to all
the terms and conditions of this Agreement, and any further terms and conditions as set forth in the
WAL.
3. Scope of Services. The scope of Services to be assigned to Consultant pursuant to a WAL is further
defined in Exhibit F Scope of Services, wherein the general responsibilities of Consultant are
described pursuant to the discipline(s) for which the Consultant has been deemed prequalified by
District as described in this Agreement.
4. Agreement, Scope of Work, and Assignment of Projects. District may, from time to time, and at the
sole discretion of District, assign to Consultant specific services to be performed by Consultant (the
Services) pursuant to a WAL. The WAL assignment procedure and associated forms are set forth in
Exhibit A, which is attached hereto. This Agreement, together with the WAL, sets forth the terms and
conditions pursuant to which Consultant will perform such Services on behalf of District. The WAL
ND#4819-2103-6308 Consultant Services Agreement 2
shall particularize and describe, among other things, such project(s) for which Consultant is to perform
Services, such Services to be performed by Consultant at such project(s), the timeline for the
performance of such Services, and the compensation to be paid to Consultant for the performance of
such Services.
5. Term of Agreement. Subject to earlier termination as provided below, this Agreement shall remain in
effect from November 13, 2013 through November 12, 2018 (the Term). This Agreement may be
extended only by amendment, signed by the Parties, prior to the expiration of the Term. Such
agreement for extension shall be based upon the showing of good and sufficient cause by Consultant
that such extension(s) shall be granted. District shall not be obligated to compensate Consultant for
any additional costs if such an extension has been granted to this Agreement. Any provision for
additional compensation shall be accommodated via the WAL process as indicated in Exhibit A.
6. Time for Performance. The scope of the Services set forth in the WAL shall be completed during the
Term pursuant to the schedule specified in the WAL. If Services indicated in the WAL cannot be
completed within the schedule set forth in the WAL, or if the schedule exceeds the Term of this
Agreement, it is the responsibility of Consultant to notify District at least ninety (90) days prior to the
expiration of either, with a request for a time extension clearly identifying the cause(s) for the failure to
complete the Services within the schedule and/or the Term. Should Consultant fail to provide such
notice, and/or the Services not be completed pursuant to that schedule or within the Term, Consultant
shall be deemed to be in Default as provided below. District, in its sole discretion, may choose not to
enforce the Default provisions of this Agreement and may instead allow Consultant to continue
performing the Services.
7. Additional Services. Additional Services are services in addition to the Services set forth in the WAL
that are provided by Consultant pursuant to a written request by District. Additional Services will
require a written request or pre-authorization in writing by District following specific approval of such
services by the District Board of Trustees. It is understood and agreed that Consultant shall not
perform any Additional Services unless and until Consultant receives specific written approval for such
Additional Services from the District Board of Trustees. Any modification of the compensation to be
paid to Consultant as a result of Additional Services must be specifically approved in writing by the
District Board of Trustees. In the event that the District Board of Trustees approves in writing a
modification of the compensation, then Consultant shall be paid for such Additional Services pursuant
to Section 8, below. However, it is understood and agreed that if the cause of the Additional Services
is the sole or partial responsibility of Consultant, its agents, or any subconsultants or other parties under
the charge of Consultant, no additional compensation shall be paid to Consultant. If such conditions
exist so as to justify Additional Services as indicated above, which require additional compensation or
time in order to be performed, it is the sole responsibility of Consultant to submit a request for
Additional Services within ten (10) days of Consultants discovery of such conditions which require
Additional Services. It is understood and agreed that if Consultant performs any services that it claims
are Additional Services without receiving prior written approval from the District Board of Trustees,
Consultant shall not be paid for such claimed Additional Services.
8. Compensation and Method of Payment. This Agreement does not guarantee that District will issue a
WAL to Consultant nor does this Agreement guarantee any compensation to Consultant. This
Agreement does not create any obligation on the part of District to compensate Consultant absent a
WAL indicating compensation due to Consultant once Services are performed. Specific compensation
and payment amounts, including approved reimbursable expenses, shall be set forth in the WAL.
However, it is understood and agreed that the compensation to be paid to Consultant shall not be in
excess of or exceed the rates set forth in Exhibit B Compensation.
ND#4819-2103-6308 Consultant Services Agreement 3
a. Each month Consultant shall furnish to District an original invoice for all work performed and
expenses incurred during the preceding month for Services performed pursuant to a WAL. The invoice
shall clearly indicate the assigned project, the approved WAL, and shall detail charges by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts.
Sub-consultant charges, if any, shall be detailed by the following categories: labor, travel, materials,
equipment and supplies. District shall independently review each invoice submitted by Consultant to
determine whether the work performed and expenses incurred are in compliance with the provisions of
this Agreement and the WAL. In the event that no charges or expenses are disputed, the invoice shall
be approved and paid according to the terms set forth in subsection b. In the event any charges or
expenses are disputed by District, the original invoice shall be returned by District to Consultant for
correction and resubmission.
b. Except as to any charges for work performed or expenses incurred by Consultant which are
disputed by District, District will use its best efforts to cause Consultant to be paid within forty-five
(45) days of receipt of Consultants correct and undisputed invoice.
c. Payment to Consultant for work performed pursuant to this Agreement and a WAL shall not be
deemed to waive any defects in work performed by Consultant.
9. Responsibilities of Consultant:
a. Consultant shall perform all Services as indicated in this Agreement and the WAL to the
satisfaction of District.
b. The specific Services of Consultant to be performed shall be indicated in the WAL.
c. Consultant hereby represents and warrants that (a) it is an experienced consultant in the
discipline(s) identified in Exhibit F, having the skill and the legal and professional ability and the
flexibility necessary to perform all of the Services required under this Agreement; (b) it has the
capabilities and resources necessary to perform its obligations hereunder; (c) it is familiar with all
current laws, rules, regulations and other restrictions which are and may become applicable to the
scope of Services under this Agreement, including but not limited to all local ordinances, building
codes, and requirements of all Authorities Having J urisdiction (AHJ ) including but not limited to the
Division of State Architect (DSA), the Office of Public School Construction (OPSC), the State
Facilities Planning Division (SFPD), California Department of Education (CDE), the California
Department of General Services (DGS), the Department of Toxic Substances Control (DTSC), the
California Environmental Quality Act (CEQA), Title 24 of the California Code of Regulations, the
California Education Code, State and Local Fire Authorities, air quality districts, water quality and
control boards, and any/all other AHJ ; (d) that it will assume full responsibility for all Services
performed and all work prepared and furnished to District by its employees, agents, and subconsultants;
(e) that it has sufficient financial strength and resources to undertake and complete the Services
provided for under this Agreement within the schedule set forth in the WAL; and (f) that it certifies and
covenants that all reports, certifications, studies, analyses, and other documents prepared by Consultant
shall be prepared in accordance with all applicable laws, rules, regulations, and other requirements in
effect at the time of their preparation, or required at their time of submittal to District and or agencies.
d. Consultant shall follow accepted industry standards and practices and comply with all federal,
state, and local laws and ordinances applicable to the Services required by this Agreement and the
WAL.
10. Responsibilities of District.
ND#4819-2103-6308 Consultant Services Agreement 4
a. District will prepare and furnish to Consultant upon Consultants request, such information as is
reasonably necessary to the performance of the Services required under this Agreement and the WAL.
Consultant understands that all information provided to Consultant remains the property of District and
shall only be removed from Districts possession/premises and/or be photocopied, reproduced,
distributed, or otherwise made available to others if such activities are expressly approved in writing by
District and/or the Program Manager. Failure to comply with the above requirements shall be
reasonable cause for termination of this Agreement, and may subject Consultant to liability for
damages to District.
b. If needed by Consultant, District shall provide information as to the requirements and educational
program for each project assigned by a WAL, including approved budget and schedule limitations.
c. District shall facilitate and coordinate cooperation amongst and between District consultants,
including but not limited to architects, construction managers, surveyors, geotechnical engineers,
inspectors, testing laboratories, hazardous materials specialists, CEQA/DTSC compliance specialists,
technology experts, and any other professional consultants District deems necessary to execute the
Facilities Implementation Program. Such coordination shall include the distribution of documentation
prepared by individual consultants which may be of service to Consultant in the course of completing
the Services.
d. District shall facilitate and coordinate cooperation amongst and between District staff and
Consultant, as required to complete the Services.
e. District shall provide for the timely approval and execution of the WALs, Additional Services
requests, invoices, and any other documentation that requires District action in order for Consultant to
complete the Services.
11. Suspension. District may, for any reason or no reason, in Districts sole discretion, suspend all or a
portion of this Agreement, the WAL, or the Services by giving ten (10) calendar days written notice of
suspension to Consultant. In the event such notice is given, Consultant shall cease immediately all
work in progress. If District suspends the Services for a period of ninety (90) consecutive calendar
days or more and, in addition, if such suspension is not caused by Consultant or the acts or omissions
of Consultant, then if the Services are resumed, Consultants compensation shall be subject to
adjustment to provide for actual direct costs and expenses incurred by Consultant as a direct result of
the suspension and resumption by District of the Services.
12. Termination. This Agreement, the WAL, or the Services may be terminated at any time by mutual
agreement of the Parties or by either Party as follows:
a. District may terminate all or a portion of this Agreement, the WAL, or the Services without cause
at any time by giving ten (10) calendar days written notice of termination to Consultant. In the event
such notice is given, Consultant shall cease immediately all work in progress; or
b. District may terminate all or a portion of this Agreement, the WAL, or the Services for cause in the
event of a Default by giving written notice pursuant to Section 15, below; or
c. Consultant may terminate this Agreement or the WAL at any time upon thirty (30) calendar days
written notice if District fails to make any undisputed payment to Consultant when due and such failure
remains uncured for forty-five (45) calendar days after written notice to District.
ND#4819-2103-6308 Consultant Services Agreement 5
13. Similar or Identical Services. In the event that this Agreement, the WAL, or any of the Services are
terminated in whole or in part as provided herein, District may procure, upon such terms and in such
manner as District may determine appropriate, services similar or identical to those terminated to
complete any unfinished Services or new services as needed by District.
14. Inspection and Final Acceptance. District acceptance of any of work or Services, whether specifically
in writing or by virtue of payment, shall not constitute a waiver of any of the provisions of this
Agreement or the WAL including, but not limited to, indemnification and insurance provisions.
15. Default. Failure of Consultant to perform any Services or comply with any provisions of this
Agreement or the WAL constitutes a Default. District may terminate all or any portion of this
Agreement, the WAL, or the Services for cause in the event of a Default. The termination shall be
effective if Consultant fails to cure such Default within thirty (30) calendar days following issuance of
written notice thereof by District, or if the cure by its nature takes longer, fails to commence such cure
within thirty (30) calendar days from the date of issuance of the notice and diligently prosecutes such
cure to the satisfaction of District. If Consultant has not cured the Default, District may hold all
invoices and may choose to proceed with payment on said invoices only after the Default is cured to
Districts satisfaction. In the alternative, District may, in its sole discretion, during the period before
Consultant has cured the Default, elect to pay any portion of outstanding invoices that corresponds to
Services satisfactorily rendered. Any failure on the part of District to give notice of Consultants
default shall not be deemed to result in a waiver of Districts legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to Districts termination rights set forth above, District shall have (i) the right to cure
Consultants Default at Consultants cost, in which case all amounts expended by District in connection
with such cure shall accrue interest from the date incurred until repaid to District by Consultant at the
rate of ten percent (10%) per annum; and (ii) all other rights and remedies available to District at law
and in equity, including, without limitation, an action for damages. District shall have the right to
retain unpaid earned balances to offset damages, and/or charge Consultant for all damages above and
beyond unpaid balance of WAL.
16. Ownership of Documents. All maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any Services pursuant to this Agreement or the WAL
(collectively and individually, the Documents) shall become the sole property of District and may be
used, reused or otherwise disposed of by District without the permission of Consultant. Upon
completion, expiration or termination of this Agreement or the WAL, Consultant shall turn over to
District all such Documents.
17. Use of Documents by District. If and to the extent that District utilizes for any purpose not related to
this Agreement or the WAL any Documents, Consultants guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
18. Consultants Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultants performance of Services pursuant to this Agreement or the
WAL for a minimum of four years after termination or expiration of this Agreement and the WAL, or
longer if required by law. Such records shall include at minimum a detailed record of daily
performance, staff time records, subconsultants time records, documentation of all costs incurred by
Consultant that were billed to District, and detailed records of all Consultant fees, overhead, and profit
on earned amounts.
ND#4819-2103-6308 Consultant Services Agreement 6
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled
checks, or other documents or records evidencing or relating to work, services, expenditures and
disbursements charged to District pursuant to this Agreement or the WAL for a minimum of four years,
or longer if required by law, all in accordance with generally accepted accounting principles and with
sufficient detail so as to permit an accurate evaluation of the Services provided by Consultant pursuant
to this Agreement or the WAL.
b. Any and all such records or documents shall be made available for inspection, audit and copying, at
any time during regular business hours, upon request by District or its designated representative.
Copies of such documents or records shall be provided directly to District for inspection, audit and
copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such
documents and records shall be made available at Consultants address indicated for receipt of notices
in this Agreement.
c. District has the right to acquire custody of such records by written request if Consultant decides to
dissolve or terminate its business. Consultant shall deliver or cause to be delivered all such records and
documents to District within sixty (60) days of receipt of the request.

19. Independent Contractor. Consultant is retained as an independent contractor and is not employed by
District. No employee or agent of Consultant shall become, or be considered to be, an employee of
District for any purpose. It is agreed that District is interested only in the results obtained from the
Services under this Agreement and the WAL and that Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the Services required under this
Agreement and the WAL. Consultant shall complete this Agreement and the WAL according to its
own methods of work which shall be in the exclusive charge and control of Consultant and which shall
not be subject to control or supervision by District except as to results of the Services. Consultant shall
provide all of its own supplies, equipment, facilities, materials, manpower, and any/all other resources
that may become necessary in the course of completing the Services. It is expressly understood and
agreed that Consultant and its employees shall in no event be entitled to any benefits to which District
employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation,
workers compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultants employees wages, payroll taxes, employee benefits and any
amounts due for federal and state income taxes and Social Security taxes since these taxes will not be
withheld from payments under this Agreement or the WAL.
a. The personnel performing the Services under this Agreement and the WAL on behalf of Consultant
shall at all times be under Consultants exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultants
officers, employees, or agents are in any manner officials, officers, employees or agents of District.
b. Consultant shall have no authority to bind District in any manner, or to incur any obligation, debt
or liability of any kind on behalf of or against District, whether by contract or otherwise, unless such
authority is expressly conferred in writing by District, or under this Agreement.
20. Standard of Performance. Consultant represents and warrants that it has the skill, qualifications,
experience and facilities necessary to properly perform the Services required under this Agreement and
the WAL in a thorough, competent and professional manner. Consultant represents and warrants that
its employees and subcontractors have all legally required licenses, permits, qualifications and
approvals necessary to perform the Services and that all such licenses and approvals shall be
maintained throughout the term of this Agreement and the WAL. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all Services
ND#4819-2103-6308 Consultant Services Agreement 7
described herein and the WAL. In meeting its obligations under this Agreement and the WAL,
Consultant shall employ, at a minimum, the standard of care utilized by persons engaged in providing
services similar to those required of Consultant under this Agreement and the WAL for California
school districts in or around the same geographic area of District (the Standard of Performance).
21. Confidential Information. All information gained during performance of the Services and all
Documents or other work product produced by Consultant in performance of this Agreement and the
WAL shall be considered confidential (confidential information). Consultant shall not release or
disclose any such confidential information, Documents or work product to persons or entities other
than District without prior written authorization from the Superintendent of District and/or Program
Manager, except as may be required by law. Confidential information does not include information
that: (i) Consultant had in its possession prior to considering entering into this Agreement; (ii) becomes
public knowledge through no fault of Consultant; (iii) Consultant lawfully acquires from a third party
not under an obligation of confidentiality to the disclosing party; or (iv) is independently developed by
Consultant without benefit of the information provided by District. In connection with confidential
information:
a. Consultant shall promptly notify District if it is served with any summons, complaint, subpoena or
other discovery request, court order or other request from any party regarding this Agreement or the
WAL or the Services performed hereunder or the WAL.
b. District retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to
provide District with the opportunity to review any response to discovery requests provided by
Consultant; provided that this does not imply or mean the right by District to control, direct, or rewrite
said response.
22. Conflict of Interest; Disclosure of Interest. Consultant covenants that neither it, nor any officer or
principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of District or which would in any way hinder Consultants performance of the
Services under this Agreement or the WAL. Consultant further covenants that in the performance of
this Agreement and the WAL, no person having any such interest shall be employed by it as an officer,
employee, agent or subcontractor without the express written consent of District. Consultant agrees to
at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of
District in the performance of this Agreement and the WAL.
a. Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E, as hereinafter amended or renumbered,
require that a consultant that qualifies as a designated employee must disclose certain financial
interests by filing financial interest disclosures. By its initials below, Consultant (i) represents that it
has received and reviewed a copy of the Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E and
that it [____] does [X] does not qualify as a designated employee; and (ii) agrees to notify District, in
writing, if Consultant believes that it is a designate employee and should be filing financial interest
disclosures, but has not been previously required to do so by District.
______ (Initials)
23. Compliance with Applicable Laws. In connection with the Services and its operations, Consultant
shall keep itself informed of and comply with all applicable federal, state and local laws, statutes,
codes, ordinances, regulations and rules including, but not limited to, minimum wages and/or
prohibitions against discrimination, in effect during the Term. Consultant shall obtain any and all
licenses, permits and authorizations necessary to perform the Services. Neither District, nor any
ND#4819-2103-6308 Consultant Services Agreement 8
elected or appointed boards, officers, officials, employees or agents of District shall be liable, at law or
in equity, as a result of any failure of Consultant to comply with this section.
a. Without limiting the generality of the foregoing, Consultant, unless exempted, shall comply with
the requirements of Education Code Section 45125.1 with respect to fingerprinting of employees who
may have contact with Districts pupils. Consultant must complete Districts certification form,
attached herein as Exhibit E, prior to any of Consultants employees coming into contact with any of
Districts pupils. Consultant also agrees to comply with all other operational requirements of District,
as may be revised from time to time, including but not limited to any obligations relating to vaccination
or testing for infectious diseases.
______ (Initials)
24. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of
the Federal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seq., as amended, and in
connection therewith, shall not employ unauthorized aliens as that term is defined in 8 U.S.C.A.
1324a(h)(3). Should Consultant so employ such individuals for the performance of work and/or
Services covered by this Agreement or the WAL, and should any liability or sanctions be imposed
against District for such employment, Consultant hereby agrees to and shall reimburse District for the
cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys'
fees, incurred by District.
25. Non-Discrimination. Consultant shall abide by the applicable provisions of the United States Civil
Rights Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in
any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex,
sexual orientation, age, physical handicap, medical condition or marital status in connection with or
related to the performance of this Agreement or the WAL.
26. Disabled Veteran Business Enterprise Participation. Pursuant to Education Code section 17076.11,
District has a participation goal for disabled veteran business enterprises (DVBEs) of at least three (3)
percent, per year, of funds expended each year by District on projects that use funds allocated by the
State Allocation Board pursuant to the Leroy F. Greene School Facilities Act. Unless waived in
writing by District, Consultant shall provide proof of DVBE compliance, in accordance with any
applicable policies of District or the State Allocation Board, within thirty (30) days of its execution of
this Agreement
27. Assignment. The expertise and experience of Consultant are material considerations for this
Agreement and the WAL. District has an interest in the qualifications of and capability of the persons
and entities that will fulfill the duties and obligations imposed upon Consultant under this Agreement
and the WAL. In recognition of that interest, Consultant shall not assign or transfer this Agreement or
any portion of this Agreement or any portion of the WAL or the performance of any of Consultants
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by Districts Board of Trustees. Any attempted assignment shall be ineffective,
null and void, and shall constitute a material breach of this Agreement and the WAL entitling District
to any and all remedies at law or in equity, including summary termination of this Agreement and the
WAL.
28. Subcontracting. Notwithstanding the above, Consultant may utilize subcontractors in the performance
of its duties pursuant to this Agreement and the WAL, but only with the prior written consent of
District. Consultant shall be as fully responsible to District for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by Consultants subcontractors, as
if the acts and omissions were performed by Consultant directly.
ND#4819-2103-6308 Consultant Services Agreement 9
29. District Administrator. Lisa Franz shall be in charge of administering this Agreement on behalf of
District, (the Administrator) provided that any written notice or any consent, waiver or approval of
District must be signed by the Superintendent or a designated employee of District to be valid. The
Administrator has completed Exhibit D Conflict of Interest Check attached hereto.
30. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultants staff and subcontractors consistent with the staff proposed as part of the
Statement of Qualifications, if any, assigned to perform Services under this Agreement and the WAL.
a. Consultant shall provide District and the Administrator a list of all personnel and subcontractors
providing Services and shall maintain said list current and up to date at all times during the Term. The
list shall include the following information: (1) all full or part-time staff positions by title, including
volunteer positions whose direct services are required to provide the Services; (2) a brief description of
the functions of each such position and the hours each position works each week or, for part-time
positions, each day or month, as appropriate; (3) the professional degree, if applicable, and experience
required for each position; and (4) the name of the person responsible for fulfilling the terms of this
Agreement and the WAL.
31. Indemnification. To the fullest extent permitted by law, Consultant shall defend and indemnify
District and its officials, elected board members, employees and agents (Indemnified Parties) from
and against all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, its officers, employees, consultants, subcontractors, or agents, pursuant
to this Agreement and/or the WAL, but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of any of the Indemnified Parties.
a. Consultant agrees to obtain executed indemnity agreements with provisions identical to the above
from each and every subcontractor retained or employed by Consultant in the performance of this
Agreement and the WAL. Failure of District to monitor compliance with these requirements imposes
no additional obligations on District and will in no way act as a waiver of any rights hereunder.
Consultants obligation to indemnify and defend District as set forth above is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and the
WAL.
______ (Initials)
32. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit C Insurance and made a part of this
Agreement. All insurance policies shall be subject to approval by District as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the District
Superintendent.
33. Notices. All notices required or permitted to be given under this Agreement or the WAL shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and
return receipt requested, addressed as follows:
To District: Oxnard School District
1051 South A Street
Oxnard, California, 93030
Attention: Lisa Cline
Assistant Superintendent, Business & Fiscal Services
Re: [Insert Project Name]
ND#4819-2103-6308 Consultant Services Agreement 10
With electronic copy to: Caldwell Flores Winters, Inc.
Oxnard School District Program Manager
6425 Christie Ave., Suite 270
Emeryville, California 94608
Attention: Yuri Calderon
T: 510-596-8170
Email: ycalderon@cfwinc.com
To Consultant: Wagner Engineering & Survey, Inc.
16933 Parthenia Street, Suite 100
Northridge, CA 91343
ATTN: Stephanie Wagner
T: (818) 892-6565
Email: stephaniew@wesinc.org
All notices, demands, or requests to be given under this Agreement or the WAL shall be given in writing
and conclusively shall be deemed received when delivered in any of the following ways: (i) on the date
delivered if delivered personally; (ii) on the date sent if sent by facsimile transmission and confirmation of
transmission is received; (iii) on the date it is accepted or rejected if sent by certified mail; and (iv) the date
it is received if sent by regular United States mail.
34. Excusable Delays. Neither Party will be liable to the other for unanticipated delays or failures in
performance resulting from causes beyond the reasonable control of that Party, including, but not
limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war,
governmental regulations, communications or utility failures, or casualties; provided that the delayed
Party: (i) gives the other Party prompt written notice of such cause; and (ii) uses its reasonable efforts
to correct such failure or delay in its performance. The delayed Party's time for performance or cure
under this section will be extended for a period equal to the duration of the cause or sixty (60) days,
whichever is less.
35. Entire Agreement; Binding Effect. This Agreement including Exhibits hereto, contains the entire
understanding of the Parties, and supersedes all other written or oral agreements. Consultant shall be
entitled to no other benefits other than those specified herein. No changes, amendments or alternations
shall be effective unless in writing and signed by both Parties and approved by Districts Board of
Trustees. Consultant specifically acknowledges that in entering into this Agreement, Consultant relied
solely upon the provisions contained in this Agreement and no others. This Agreement shall be
binding upon the heirs, executors, administrators, successors and assigns of the Parties.
36. Amendment. No changes, amendments to or modifications of this Agreement or the WAL shall be
valid, effective or binding unless made in writing and signed by both Parties and approved by the
Districts Board of Trustees. The Parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
37. Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement or the WAL shall
not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of
the provisions of this Agreement or the WAL shall not constitute a waiver of any other provision or a
waiver of any subsequent breach or violation of any provision of this Agreement or the WAL. None of
the provisions of this Agreement or the WAL shall be considered waived by either Party unless such
waiver is specifically specified in writing. Neither Districts review, approval of, nor payment for, any
of the Services required under this Agreement or the WAL shall be construed to operate as a waiver of
ND#4819-2103-6308 Consultant Services Agreement 11
any rights under this Agreement or the WAL, and Consultant shall remain liable to District in
accordance with this Agreement and the WAL for all damages to District caused by Consultants
failure to perform any of the Services to the Standard of Performance. This provision shall survive the
termination of this Agreement and the WAL.
38. Governing Law. This Agreement and the WAL shall be interpreted, construed and governed
according to the laws of the State of California. With respect to litigation involving this Agreement,
the WAL or the Services, venue in state trial courts shall lie exclusively in the County of Ventura,
California.
39. Severability. If any term, condition or covenant of this Agreement or the WAL is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement and the WAL shall not be affected thereby and the Agreement and WAL
shall be read and construed without the invalid, void or unenforceable provision(s).
40. Authority to Execute. The person or persons executing this Agreement on behalf of Consultant
represents and warrants that he/she/they has/have the authority to so execute this Agreement and to
bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, District and Consultant have executed and delivered this Agreement for
consultant services as of the date first written above.

OXNARD SCHOOL DISTRICT WAGNER ENGINEERING & SURVEY INC.:



Signature Signature

Lisa A. Franz, Director, Purchasing
Typed Name/Title Typed Name/Title


Date Date

Tax Identification Number: 95-6002318 Tax Identification Number:

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Project #13-127


ND#4819-2103-6308 Exhibit A page 1 Consultant Services Agreement

EXHIBIT A
TO AGREEMENT FOR CONSULTANT SERVICES #13-127

WORK AUTHORIZATION PROCEDURES

1. Assignment of Work Authorization
1.1. Request For Proposal (RFP): At the sole discretion of District, one or more prequalified
professional services consultants shall be solicited with a Request For Proposal (RFP) for a
specific lump sum fixed fee proposal for defined Services to be complete within a defined timeline.
For a proposal to be valid it must clearly acknowledge the complete Services requested by District
and must include a lump sum fixed fee amount to complete all defined Services, a clearly defined
schedule for completion of Services which meets the required timeline defined by District and
shows final completion to occur within the Term of this Agreement.

1.2. Evaluation of Proposal: Districts Program Manager, in consultation with District, shall review each
proposal for validity, accuracy, competitiveness, and overall quality of the Services proposed to be
performed. In the case where more than one firm is solicited for a scope of defined Services, the
Program Manager shall evaluate each proposal thoroughly based on predetermined, objective
criteria to ensure a just and fair review of all proposals.

1.3. Selection of Consultant: Following evaluation of proposals, the consultant whose proposal exhibits
the best value for the benefit of District shall be recommended to the Superintendent for approval.

1.4. Work Authorization Letter (WAL): With the approval of the District Superintendent, the Program
Manager shall issue a Work Authorization Letter (WAL) to the selected consultant to perform the
defined Services as indicated in the RFP, for the lump sum fixed fee amount reflected in the
proposal, with all Services to complete within the timeline indicated in the RFP, and the Term set
forth in this Agreement. District retains the right to negotiate all terms of the WAL subsequent to
the receipt of proposal(s) in order to clarify the scope of Services, and/or make any adjustments to
the fee amount and required schedule prior to issuance of the WAL. The WAL shall be considered
a binding agreement, and amendment to this Agreement, once executed by Consultant, approved by
the District Board of Trustees, and executed by the Superintendent.

1.5. Performance of Services Set Forth in the WAL: Performance of Services set forth in the WAL shall
not commence until final approval by the District Superintendent and Board of Trustees, unless
expressly authorized by the District Superintendent and Program Manager. During the course of
completing the Services, Consultant shall comply will all provisions of this Agreement and the
WAL. All Services set forth in the WAL shall be completed within the schedule set forth in the
WAL.

1.6. Close Out of WAL Services: Upon completion of all Services required by the WAL, Consultant
shall submit all required close-out documentation, certifications, records, reports, warranties, and
any other information required or requested by District prior to submitting Consultants invoice for
final payment.

1.7. WAL Form: See next page for sample Work Authorization Letter.
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Project #13-127


ND#4819-2103-6308 Exhibit A page 2 Consultant Services Agreement

Not Project Related
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ND#4819-2103-6308 Exhibit B page 1 Consultant Services Agreement

EXHIBIT B
TO AGREEMENT FOR CONSULTANT SERVICES #13-127
COMPENSATION & RATE/FEE SCHEDULE

I. The following rates of pay shall apply in the performance of the Services under this Agreement and the
WAL:




II. Consultant may utilize subcontractors as permitted in the Agreement and the WAL. The hourly rate for
any subcontractor shall be consistent with the rate and fee schedule indicated in Section I above, unless
other direction is provided with written authorization from District Superintendent or his/her designee.

III. Claims for reimbursable expenses shall be documented by appropriate invoices and supporting receipts.
Consultant may be reimbursed for those reasonable out-of-pocket expenses set forth below that are
incurred and paid for by Consultant beyond the typical obligations under this Agreement and the WAL,
but only to the extent that such expenses are directly related to Services satisfactorily completed, are
approved by District in writing and do not cause the amounts paid to Consultant to exceed the amounts
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Project #13-127

ND#4819-2103-6308 Exhibit B page 2 Consultant Services Agreement

allowed under this Agreement and the WAL. No mark-up of any expense is permitted. The following is
the EXCLUSIVE list of reimbursable expenses:

A. Travel and Mileage. Consultant must request the travel in writing and justify why the travel
should be reimbursed. Travel expenses must be approved in writing by District, in its sole discretion.
Trips from any Consultants office to Districts office or to the subject project site will not be
approved for reimbursement.

B. Reimbursable Reprographic Services. Print sets or copies requested in writing by District beyond
the quantities required under the WAL.

C. Fees for Subcontractors. Fees for subcontractors hired and paid by Consultant at the written
request of District and are permitted in the Agreement and the WAL.

D. Fees advanced for securing approval of public agencies having jurisdiction over any project
hereunder.

IV. Consultant shall provide to District a complete Schedule of Values (SOV), identifying major work
activities required to complete the authorized scope of work. All invoices must reflect the appropriate
progress percentage for each SOV item billed, to be verified by District. District will compensate
Consultant for the Services performed upon approval by District of a valid and complete invoice, in form
and substance acceptable to District. See Exhibit G for required Invoice Approval Form and Billing
Cover Sheet. The Billing Cover Sheet shall reflect the approved SOV. In connection with Services that
are only partially completed at the time an invoice is paid, notwithstanding any provision of the
Agreement, the WAL, or any other document, payment of the invoice does not constitute acceptance of
the partially completed work or Service. Each invoice is to include:

A. Billing Cover Sheet/SOV with all appropriate progress percentages identified toward completion of the
Services.
B. Acceptable back-up for billings shall include, but not be limited to:
a. Records for all personnel describing the work performed, the number of hours worked, and the
hourly rate, for all time charged to the Services.
b. Records for all supplies, materials and equipment properly charged to the Services.
c. Records for all travel pre-approved by District and properly charged to the Services.
d. Records for all subcontractor labor, supplies, equipment, materials, and travel properly charged
to the Services.

Unless otherwise directed by District, in writing, completed invoices are to be submitted to the attention of the
Director of Purchasing and the Assistant Superintendent, Business and Fiscal Services. To be considered complete,
the invoice packet shall include all back-up documentation required by District and sign-off from District staff,
Program Manager or project manager assigned by District to supervise the Services.

V. The total compensation for the Services shall be provided for in the WAL(s) issued subsequent to this
Agreement.

VI. Compensation Upon Termination. In the event that District suspends or terminates this Agreement, the
WAL or any of the Services pursuant to Section 11 or Section 12a of the Agreement, District will pay
Consultant as provided herein and the WAL for all Services and authorized Additional Work actually
performed, and all authorized reimbursable expenses actually incurred and paid, under and in accordance with
Not Project Related
Project #13-127

ND#4819-2103-6308 Exhibit B page 3 Consultant Services Agreement

this Agreement and the WAL, up to and including the date of suspension or termination; provided that such
payments shall not exceed the amounts specified in the Agreement and the WAL as compensation for the
Services completed, plus any authorized Additional Work and authorized reimbursable expenses completed
prior to suspension or termination. No payment for demobilization shall be paid unless District at its sole
discretion determines that demobilization or other compensation is appropriate. After a notice of termination is
given, Consultant shall submit to District a final claim for payment, in the form and with certifications
prescribed by District. Such claim shall be submitted promptly, but in no event later than forty (40) calendar
days after the Termination Date specified on the notice of termination. Such payment shall be Consultants
sole and exclusive compensation and District shall have no liability to Consultant for any other compensation
or damages, including without limitation, anticipated profit, prospective losses, legal fees or costs associated
with legal representation or consequential damages, of any kind.








Not Project Related
Project #13-127

ND#4819-2103-6308 Exhibit C page 1 Consultant Services Agreement


EXHIBIT C
TO AGREEMENT FOR CONSULTANT SERVICES #13-127


INSURANCE

I. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to District
Superintendent or District Counsel, in full force and effect throughout the Term of this Agreement and the WAL,
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, subcontractors, representatives and/or employees.
Insurance is to be placed with insurers authorized to conduct business in the State of California and with a current
A.M. Best's rating of no less than A, as rated by the current edition of Bests Key Rating Guide, published by A.M.
Best Company, Oldwick, New J ersey 08858. Consultant shall provide the following scope and limits of insurance:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability coverage of not less than two million dollars ($2,000,000)
aggregate and one million dollars ($1,000,000) per occurrence.

(2) Auto liability insurance with limits of not less than one million dollars ($1,000,000).

(3) Insurance coverage should include:

1. owned, non-owned and hired vehicles;
2. blanket contractual;
3. broad form property damage;
4. products/completed operations; and
5. personal injury.

(4) Workers' Compensation insurance as required by the laws of the State of California.

(5) Abuse and Molestation coverage of not less than two million dollars ($2,000,000) per
occurrence and five million dollars ($5,000,000) aggregate.

(6) Professional liability (Errors and Omissions) insurance, including contractual liability, as
appropriate to the Consultants profession, in an amount of not less than the following:

Accountants, Attorneys, Education Consultants, $1,000,000
Nurses, Therapists

Architects $1,000,000 or $2,000,000

Physicians and Medical Corporations $5,000,000

Failure to maintain professional liability insurance is a material breach of this Agreement and the WAL and
grounds for immediate termination

II. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
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Project #13-127

ND#4819-2103-6308 Exhibit C page 2 Consultant Services Agreement


A. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the
coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in
coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been
given to District

B. General Liability, Automobile Liability, and Abuse/Molestation Coverages.

(1) District, and its respective elected and appointed officers, officials, employees and
volunteers are to be covered as additional insureds (collectively, additional insureds) as respects the following:
liability arising out of activities and/or Services Consultant performs; products and completed operations of
Consultant; premises owned, occupied or used by Consultant; automobiles owned, leased, hired or borrowed by
Consultant, and Abuse/Molestation. The coverage shall contain no special limitations on the scope of protection
afforded to additional insureds.

(2) Each policy shall state that the coverage provided is primary and any insurance carried by
any additional insured is in excess to and non-contributory with Consultants insurance.

(3) Consultants 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.

(4) Any failure to comply with the reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to any additional insured.

III. Other Requirements. Consultant agrees to deposit with District, at or before the effective date of this
Agreement and the WAL, certificates of insurance necessary to satisfy District that the insurance provisions of this
Agreement have been complied with. District may require that Consultant furnish District with copies of original
endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. District reserves the right to inspect complete,
certified copies of all required insurance policies, at any time.

A. If any Services are performed by a subcontractor, Consultant shall furnish certificates and
endorsements from each subcontractor identical to those Consultant provides.

B. Any deductibles or self-insured retentions must be declared to and approved by District. At the
option of District, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
District or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses
and claims.

C. The procuring of any required policy or policies of insurance shall not be construed to limit
Consultants liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.


Not Project Related
Project #13-127

ND#4819-2103-6308 Exhibit D page 1 Consultant Services Agreement

EXHIBIT D
TO AGREEMENT FOR CONSULTANT SERVICES #13-127
CONFLICT OF INTEREST CHECK

Bylaws of the Board 2030(C)E requires that the Superintendent or a designee make a determination, on a case by
case basis, concerning whether disclosure will be required from a consultant to comply with Districts Conflict of
Interest Code (commencing with Bylaws of the Board 2030 BB).

Consultants are required to file disclosures when, pursuant to a contract with District, Consultant will make certain
specified government decisions or will perform the same or substantially the same duties for District as a staff
person would.


The services to be performed by Consultant under the Agreement to which this Exhibit D is attached [] constitute
[X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code.
Therefore, Consultant, [] is [X] is not subject to disclosure obligations.


Date:

By:
Lisa A. Franz
Director, Purchasing


Not Project Related
Project #13-127

ND#4819-2103-6308 Exhibit E page 1 Consultant Services Agreement

EXHIBIT E
TO AGREEMENT FOR CONSULTANT SERVICES #13-127

BACKGROUND CHECK AND FINGERPRINTING PROCEDURES
FOR CONTRACTORS

The successful Bidder will be required to assure that its employees, subcontractors of any tier, material
suppliers, and consultants do not have direct contact with the Districts students during the performance
of the Contract in compliance with Education Code 45125.1 and 45125.2. To assure these provisions,
the successful Bidders supervisor shall be fingerprinted, and proof of same shall be provided to the
District prior to start of on-site work. The supervisor will monitor the workers conduct while on school
grounds. In addition, the successful Bidder shall barricade the Work area to separate its workers from the
students. Costs associated with this process are the responsibility of the successful Bidder.

The Contractors construction supervisors or their unsupervised employees who will be working outside
of fenced areas during the school hours must have submitted a fingerprint identification card to the
Department of J ustice (DOJ ) and have a proof of clearance in the form of an affidavit filed in the Oxnard
School Districts Purchasing Office prior to the start of the Work.

California Education Code 45125.1 and 45125.2 require that criminal checks be completed for
contractors (Contracting Firm) who provide architectural, construction, janitorial, administrative,
landscape, transportation, food-related, or other similar services to school districts.

The undersigned does hereby certify to the Board of Trustees of the Oxnard School District as follows:

That I am a representative of the Contractor currently under contract (Contract) with the District; that I
am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on
behalf of Contractor.

Contractor certifies that it has taken the following actions with respect to the construction Project that is
the subject of the Contract:

1. Pursuant to Education Code 45125.2, Contractor has installed or will install, prior to
commencement of Work, a physical barrier at the Work Site, which will limit contact between
Contractors employees and District pupils at all times (mandatory for all Projects); AND

2. The Contractor has complied with the fingerprinting requirements of Education Code 45125.1
with respect to all Contractors employees and all of its subcontractors employees who may have contact
with District pupils in the course of providing services pursuant to the Contract, and the California
Department of J ustice has determined that none of those employees has been convicted of a felony, as that
term is defined in Education Code 45122.1. A complete and accurate list of Contractors employees and
of all its subcontractors employees who may come in contact with District pupils during the course and
scope of the Contract is attached hereto; AND/OR

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Project #13-127

ND#4819-2103-6308 Exhibit E page 2 Consultant Services Agreement

3. Pursuant to Education Code 45125.2, Contractor certifies that all employees will be under the
continual supervision of, and monitored by, an employee of the Contractor who the California Department
of J ustice has ascertained has not been convicted of a violent or serious felony. The name and title of
each employee who will be supervising Contractors employees and its subcontractors employees is:

Name: _____________________________________

Title: ______________________________________

AND/OR

4. The Work on the Contract is at an unoccupied school site and no employee and/or subcontractor or
supplier of any tier of Contract shall come in contract with District pupils.

Contractors responsibility for background clearance extends to all of its employees, Subcontractors, and
employees of Subcontractors coming into contact with District pupils regardless of whether they are
designated as employees or acting as independent contractors of the Contractor.

Date: _________

Proper Name of Contractor: ______________________________________

Signature: _________________________

By: ______________________________________

Its: ______________________________________
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Project #13-127

ND#4819-2103-6308 Exhibit F page 1 Consultant Services Agreement

EXHIBIT F
TO AGREEMENT FOR CONSULTANT SERVICES #13-127

SCOPE OF SERVICES PROJECT SURVEYOR

The Project Surveyors Scope of Work includes, but is not limited to, the following:
Consultant shall ensure that project design documents are in accordance with all legal boundaries,
representative of actual topographical elevations, and inclusive of all existing improvements including
locations, extents, and depths/heights, of all existing structures, slabs, utilities, and other physical
infrastructure and other improvements.

1) Boundary Survey-General Requirements:
a. Obtain a preliminary title report for the assigned property.
b. Perform a field survey to located boundary monuments related to a project site boundary. If an
existing Record of Survey, Parcel Map or Final Map exists for the project site, and sufficient
record monuments are found, locate and place the record boundary lines in the topographic
mapping. Reference monuments used to place boundary lines in the topographic map will also be
shown. No missing or destroyed monuments will be replaced.
c. If no Record of Survey, Parcel Map or Final Map exists for the project site, perform a field survey
in accordance with Business and Professions Code 8762. Monuments shall be set at property
corners or at alternate locations if corner monument cannot be set. A supplemental drawing of the
boundary and monuments will be provided to the Client for placement in the topographic
mapping. The location of easements and rights-of-way, both over and in favor of subject
properties should be included in this proposal, including costs for obtaining a preliminary title
report for the subject property if such report is not readily available from the District.

2) Topographic Survey Scope of Services:
a. Consultant shall retain a qualified underground utility location service to provide thorough data
collection and facilitate completion of the work tasks listed below:
1. Note width of adjoining roadways, width and type of pavement. Identify existing landmarks
and monuments;
2. Plot location of existing structures and corners on the property and structures on adjacent
properties within 75 feet;
3. Locate and describe relevant features, including, but not limited to fences, power poles, light
standards, signage, equipment, play structures, and walls;
4. Show recorded or otherwise known easements and rights-of-way; state the owner of right of
each;
5. Note possibilities of prescriptive rights-of-way and the nature of each;
6. Establish a minimum of one permanent benchmark on site; description and elevation to nearest
.01. Location of benchmark to be determined by Architect of Record;
7. Indicate contours at one foot intervals; error shall not exceed one half contour interval;
8. Indicate spot elevations at each intersection of a 50 foot square grid covering the property;
9. Provide spot elevations at joint points and match lines where new pavement and/or structures
will interface with existing surfaces and/or building finish floor, and roof elevations in the area
of project construction;
Not Project Related
Project #13-127

ND#4819-2103-6308 Exhibit F page 2 Consultant Services Agreement

10. Provide spot elevations at street or walkway intersections and at 25 feet on center on curb,
sidewalk and edge of paving, including center line and far side of street. If elevations vary from
established grades, state established grades;
11. Plot location of existing structures, above and below ground, man-made (e.g., paved areas and
buildings or structures covered or obscured by trees will be located by conventional survey
methods, together with finished floor elevations for all buildings within the survey limits that
are to be retained for future use. Individual trees greater than two (2) inches in diameter are to
be located by conventional methods. Clusters of trees will be shown by locating the center of
the cluster, with a perimeter drip line. Frontage improvements within the survey limits, (such as
curbs, gutter, walks, paving and centerlines will be supplemented by conventional survey
methods) and natural features; all finish floor elevations and elevations at each entrance of
buildings on the property including elevations of adjacent natural grade and/or existing
pavement and curbs, cross slopes of adjacent walks, etc.;
12. Retain Underground Utility Location service to:
a. Indicate location, size, depth and pressure of water and gas mains, central steam and other
utilities including, but not limited to: buried tanks and septic fields serving, or on, the property;
b. Indicate location of fire hydrants available to the property and the size of the main serving
each;
c. Indicate location, depth, and characteristics of power and communications systems above and
below grade; and,
d. Indicate location, size, depth and direction of flow of sanitary sewers, combination sewers,
storm drains and culverts serving, or on, the property; location and elevation of catch basins and
manholes, and inverts of pipe at each;
13. Review District archives for relevant information and compare to field observations; Review
county recorder and city clerk archives for relevant information and compare to field
observations.

3) Reports
As part of the Services, Consultant will prepare and deliver the following tangible work products to
District:
1. Six (6) copies of complete site survey map, stamped, certified and wet-signed by licensed civil
engineer, indicating all information noted above. Digital file must accompany final survey with
all information indicated above provided in an Auto Cad file, 2007 and 2010 versions. Layering
shall be as directed by the Architect of Record.
2. Add-alternate may be considered for delivery final survey documentation in GIS mapping
format for use in 3D design model.

4) Time
The surveys shall be completed and hard copies with electronic files transmitted within 30 calendar days
of the notice to proceed.

5) Accuracy Standards
Precision of the survey shall be based on the positional accuracy concept. The Surveyor shall recommend
positional accuracy limits and error of closure limits for the property being surveyed in the proposal.
Not Project Related
Project #13-127

ND#4819-2103-6308 Exhibit G page 1 Consultant Services Agreement

EXHIBIT G
TO AGREEMENT FOR CONSULTANT SERVICES #13-127

INVOICE APPROVAL LETTER & BILLING COVER SHEET

DATE:
Project No.___: [INSERT PROJECT NAME]
Consultant: Wagner Engineering & Survey, Inc. (WES)

WES has submitted Invoice No. _________ for review by the Districts Program Manager, Caldwell
Flores Winters, Inc. (CFW), and Assistant Superintendent of Business Services, Lisa Cline.

By signing below, a representative of WES, hereby certifies that the invoice submitted is a true and
accurate reflection of the work performed to date, is an accurate representation of the percent work
completed for the phase identified in the invoice, and that the invoice submitted does not include any
charges for services that have been previously paid, or rejected by the District and/or CFW.



Wagner Engineering & Survey, Inc. Date


The invoice has been reviewed by the following and is recommended for payment:



Caldwell Flores Winters, Inc. Date




Oxnard School District Date
Lisa Cline, Assistant Superintendent,
Business and Fiscal Services
Not Project Related
Project #13-127

ND#4819-2103-6308 Exhibit G page 2 Consultant Services Agreement


















































Not Project Related
Project #13-127

ND#4819-2103-6308 Exhibit G page 3 Consultant Services Agreement


Agreement #13-128
OXNARD SCHOOL DISTRICT
AGREEMENT FOR CONSULTANT SERVICES
(MASTER AGREEMENT PROJECT DSA INSPECTION [IOR])

This Agreement for Consultant Services (Agreement) is entered into as of this 13
th
day of November,
2013 by and between the Oxnard School District (District), with offices located at 1051 South A Street, Oxnard,
CA 93030, and Kenco Construction Services, Inc. (Consultant) with a business address at 177 S. Anacapa St.,
Ventura, CA 93001. District and Consultant are sometimes hereinafter individually referred to as Party and
hereinafter collectively referred to as the Parties.
RECITALS
A. District is authorized by California Government Code Section 53060, and Board Policy 4368, to
contract with independent contractors for the furnishing of services concerning financial, economic, accounting,
engineering, legal, administrative and other matters. District has sought, by issuance of a Request for
Qualifications, the performance of certain services, with the precise scope of work to be specified at the time of
assignment of work.
B. Following submission of a Statement of Qualifications for the performance of services, Consultant
was prequalified by District to perform services on behalf of District that may be assigned, or not assigned, at the
Districts sole discretion.
C. The Parties desire to formalize the prequalification of Consultant for performance of services and
desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and
contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties
agree as follows:
1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all exhibits attached to this
Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein.
2. Master Agreement. This Agreement sets forth the basic terms and conditions between District and
Consultant. It may be supplemented from time to time with an individual Work Authorization Letter
(WAL) which shall be considered an amendment to this Agreement, and which shall be subject to all
the terms and conditions of this Agreement, and any further terms and conditions as set forth in the
WAL.
3. Scope of Services. The scope of Services to be assigned to Consultant pursuant to a WAL is further
defined in Exhibit F Scope of Services, wherein the general responsibilities of Consultant are
described pursuant to the discipline(s) for which the Consultant has been deemed prequalified by
District as described in this Agreement.
4. Agreement, Scope of Work, and Assignment of Projects. District may, from time to time, and at the
sole discretion of District, assign to Consultant specific services to be performed by Consultant (the
Services) pursuant to a WAL. The WAL assignment procedure and associated forms are set forth in
Exhibit A, which is attached hereto. This Agreement, together with the WAL, sets forth the terms and
conditions pursuant to which Consultant will perform such Services on behalf of District. The WAL
ND#4819-2103-6308 Consultant Services Agreement 2
shall particularize and describe, among other things, such project(s) for which Consultant is to perform
Services, such Services to be performed by Consultant at such project(s), the timeline for the
performance of such Services, and the compensation to be paid to Consultant for the performance of
such Services.
5. Term of Agreement. Subject to earlier termination as provided below, this Agreement shall remain in
effect from November 13, 2013 through November 12, 2018 (the Term). This Agreement may be
extended only by amendment, signed by the Parties, prior to the expiration of the Term. Such
agreement for extension shall be based upon the showing of good and sufficient cause by Consultant
that such extension(s) shall be granted. District shall not be obligated to compensate Consultant for
any additional costs if such an extension has been granted to this Agreement. Any provision for
additional compensation shall be accommodated via the WAL process as indicated in Exhibit A.
6. Time for Performance. The scope of the Services set forth in the WAL shall be completed during the
Term pursuant to the schedule specified in the WAL. If Services indicated in the WAL cannot be
completed within the schedule set forth in the WAL, or if the schedule exceeds the Term of this
Agreement, it is the responsibility of Consultant to notify District at least ninety (90) days prior to the
expiration of either, with a request for a time extension clearly identifying the cause(s) for the failure to
complete the Services within the schedule and/or the Term. Should Consultant fail to provide such
notice, and/or the Services not be completed pursuant to that schedule or within the Term, Consultant
shall be deemed to be in Default as provided below. District, in its sole discretion, may choose not to
enforce the Default provisions of this Agreement and may instead allow Consultant to continue
performing the Services.
7. Additional Services. Additional Services are services in addition to the Services set forth in the WAL
that are provided by Consultant pursuant to a written request by District. Additional Services will
require a written request or pre-authorization in writing by District following specific approval of such
services by the District Board of Trustees. It is understood and agreed that Consultant shall not
perform any Additional Services unless and until Consultant receives specific written approval for such
Additional Services from the District Board of Trustees. Any modification of the compensation to be
paid to Consultant as a result of Additional Services must be specifically approved in writing by the
District Board of Trustees. In the event that the District Board of Trustees approves in writing a
modification of the compensation, then Consultant shall be paid for such Additional Services pursuant
to Section 8, below. However, it is understood and agreed that if the cause of the Additional Services
is the sole or partial responsibility of Consultant, its agents, or any subconsultants or other parties under
the charge of Consultant, no additional compensation shall be paid to Consultant. If such conditions
exist so as to justify Additional Services as indicated above, which require additional compensation or
time in order to be performed, it is the sole responsibility of Consultant to submit a request for
Additional Services within ten (10) days of Consultants discovery of such conditions which require
Additional Services. It is understood and agreed that if Consultant performs any services that it claims
are Additional Services without receiving prior written approval from the District Board of Trustees,
Consultant shall not be paid for such claimed Additional Services.
8. Compensation and Method of Payment. This Agreement does not guarantee that District will issue a
WAL to Consultant nor does this Agreement guarantee any compensation to Consultant. This
Agreement does not create any obligation on the part of District to compensate Consultant absent a
WAL indicating compensation due to Consultant once Services are performed. Specific compensation
and payment amounts, including approved reimbursable expenses, shall be set forth in the WAL.
However, it is understood and agreed that the compensation to be paid to Consultant shall not be in
excess of or exceed the rates set forth in Exhibit B Compensation.
ND#4819-2103-6308 Consultant Services Agreement 3
a. Each month Consultant shall furnish to District an original invoice for all work performed and
expenses incurred during the preceding month for Services performed pursuant to a WAL. The invoice
shall clearly indicate the assigned project, the approved WAL, and shall detail charges by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts.
Sub-consultant charges, if any, shall be detailed by the following categories: labor, travel, materials,
equipment and supplies. District shall independently review each invoice submitted by Consultant to
determine whether the work performed and expenses incurred are in compliance with the provisions of
this Agreement and the WAL. In the event that no charges or expenses are disputed, the invoice shall
be approved and paid according to the terms set forth in subsection b. In the event any charges or
expenses are disputed by District, the original invoice shall be returned by District to Consultant for
correction and resubmission.
b. Except as to any charges for work performed or expenses incurred by Consultant which are
disputed by District, District will use its best efforts to cause Consultant to be paid within forty-five
(45) days of receipt of Consultants correct and undisputed invoice.
c. Payment to Consultant for work performed pursuant to this Agreement and a WAL shall not be
deemed to waive any defects in work performed by Consultant.
9. Responsibilities of Consultant:
a. Consultant shall perform all Services as indicated in this Agreement and the WAL to the
satisfaction of District.
b. The specific Services of Consultant to be performed shall be indicated in the WAL.
c. Consultant hereby represents and warrants that (a) it is an experienced consultant in the
discipline(s) identified in Exhibit F, having the skill and the legal and professional ability and the
flexibility necessary to perform all of the Services required under this Agreement; (b) it has the
capabilities and resources necessary to perform its obligations hereunder; (c) it is familiar with all
current laws, rules, regulations and other restrictions which are and may become applicable to the
scope of Services under this Agreement, including but not limited to all local ordinances, building
codes, and requirements of all Authorities Having J urisdiction (AHJ ) including but not limited to the
Division of State Architect (DSA), the Office of Public School Construction (OPSC), the State
Facilities Planning Division (SFPD), California Department of Education (CDE), the California
Department of General Services (DGS), the Department of Toxic Substances Control (DTSC), the
California Environmental Quality Act (CEQA), Title 24 of the California Code of Regulations, the
California Education Code, State and Local Fire Authorities, air quality districts, water quality and
control boards, and any/all other AHJ ; (d) that it will assume full responsibility for all Services
performed and all work prepared and furnished to District by its employees, agents, and subconsultants;
(e) that it has sufficient financial strength and resources to undertake and complete the Services
provided for under this Agreement within the schedule set forth in the WAL; and (f) that it certifies and
covenants that all reports, certifications, studies, analyses, and other documents prepared by Consultant
shall be prepared in accordance with all applicable laws, rules, regulations, and other requirements in
effect at the time of their preparation, or required at their time of submittal to District and or agencies.
d. Consultant shall follow accepted industry standards and practices and comply with all federal,
state, and local laws and ordinances applicable to the Services required by this Agreement and the
WAL.
10. Responsibilities of District.
ND#4819-2103-6308 Consultant Services Agreement 4
a. District will prepare and furnish to Consultant upon Consultants request, such information as is
reasonably necessary to the performance of the Services required under this Agreement and the WAL.
Consultant understands that all information provided to Consultant remains the property of District and
shall only be removed from Districts possession/premises and/or be photocopied, reproduced,
distributed, or otherwise made available to others if such activities are expressly approved in writing by
District and/or the Program Manager. Failure to comply with the above requirements shall be
reasonable cause for termination of this Agreement, and may subject Consultant to liability for
damages to District.
b. If needed by Consultant, District shall provide information as to the requirements and educational
program for each project assigned by a WAL, including approved budget and schedule limitations.
c. District shall facilitate and coordinate cooperation amongst and between District consultants,
including but not limited to architects, construction managers, surveyors, geotechnical engineers,
inspectors, testing laboratories, hazardous materials specialists, CEQA/DTSC compliance specialists,
technology experts, and any other professional consultants District deems necessary to execute the
Facilities Implementation Program. Such coordination shall include the distribution of documentation
prepared by individual consultants which may be of service to Consultant in the course of completing
the Services.
d. District shall facilitate and coordinate cooperation amongst and between District staff and
Consultant, as required to complete the Services.
e. District shall provide for the timely approval and execution of the WALs, Additional Services
requests, invoices, and any other documentation that requires District action in order for Consultant to
complete the Services.
11. Suspension. District may, for any reason or no reason, in Districts sole discretion, suspend all or a
portion of this Agreement, the WAL, or the Services by giving ten (10) calendar days written notice of
suspension to Consultant. In the event such notice is given, Consultant shall cease immediately all
work in progress. If District suspends the Services for a period of ninety (90) consecutive calendar
days or more and, in addition, if such suspension is not caused by Consultant or the acts or omissions
of Consultant, then if the Services are resumed, Consultants compensation shall be subject to
adjustment to provide for actual direct costs and expenses incurred by Consultant as a direct result of
the suspension and resumption by District of the Services.
12. Termination. This Agreement, the WAL, or the Services may be terminated at any time by mutual
agreement of the Parties or by either Party as follows:
a. District may terminate all or a portion of this Agreement, the WAL, or the Services without cause
at any time by giving ten (10) calendar days written notice of termination to Consultant. In the event
such notice is given, Consultant shall cease immediately all work in progress; or
b. District may terminate all or a portion of this Agreement, the WAL, or the Services for cause in the
event of a Default by giving written notice pursuant to Section 15, below; or
c. Consultant may terminate this Agreement or the WAL at any time upon thirty (30) calendar days
written notice if District fails to make any undisputed payment to Consultant when due and such failure
remains uncured for forty-five (45) calendar days after written notice to District.
ND#4819-2103-6308 Consultant Services Agreement 5
13. Similar or Identical Services. In the event that this Agreement, the WAL, or any of the Services are
terminated in whole or in part as provided herein, District may procure, upon such terms and in such
manner as District may determine appropriate, services similar or identical to those terminated to
complete any unfinished Services or new services as needed by District.
14. Inspection and Final Acceptance. District acceptance of any of work or Services, whether specifically
in writing or by virtue of payment, shall not constitute a waiver of any of the provisions of this
Agreement or the WAL including, but not limited to, indemnification and insurance provisions.
15. Default. Failure of Consultant to perform any Services or comply with any provisions of this
Agreement or the WAL constitutes a Default. District may terminate all or any portion of this
Agreement, the WAL, or the Services for cause in the event of a Default. The termination shall be
effective if Consultant fails to cure such Default within thirty (30) calendar days following issuance of
written notice thereof by District, or if the cure by its nature takes longer, fails to commence such cure
within thirty (30) calendar days from the date of issuance of the notice and diligently prosecutes such
cure to the satisfaction of District. If Consultant has not cured the Default, District may hold all
invoices and may choose to proceed with payment on said invoices only after the Default is cured to
Districts satisfaction. In the alternative, District may, in its sole discretion, during the period before
Consultant has cured the Default, elect to pay any portion of outstanding invoices that corresponds to
Services satisfactorily rendered. Any failure on the part of District to give notice of Consultants
default shall not be deemed to result in a waiver of Districts legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to Districts termination rights set forth above, District shall have (i) the right to cure
Consultants Default at Consultants cost, in which case all amounts expended by District in connection
with such cure shall accrue interest from the date incurred until repaid to District by Consultant at the
rate of ten percent (10%) per annum; and (ii) all other rights and remedies available to District at law
and in equity, including, without limitation, an action for damages. District shall have the right to
retain unpaid earned balances to offset damages, and/or charge Consultant for all damages above and
beyond unpaid balance of WAL.
16. Ownership of Documents. All maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any Services pursuant to this Agreement or the WAL
(collectively and individually, the Documents) shall become the sole property of District and may be
used, reused or otherwise disposed of by District without the permission of Consultant. Upon
completion, expiration or termination of this Agreement or the WAL, Consultant shall turn over to
District all such Documents.
17. Use of Documents by District. If and to the extent that District utilizes for any purpose not related to
this Agreement or the WAL any Documents, Consultants guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
18. Consultants Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultants performance of Services pursuant to this Agreement or the
WAL for a minimum of four years after termination or expiration of this Agreement and the WAL, or
longer if required by law. Such records shall include at minimum a detailed record of daily
performance, staff time records, subconsultants time records, documentation of all costs incurred by
Consultant that were billed to District, and detailed records of all Consultant fees, overhead, and profit
on earned amounts.
ND#4819-2103-6308 Consultant Services Agreement 6
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled
checks, or other documents or records evidencing or relating to work, services, expenditures and
disbursements charged to District pursuant to this Agreement or the WAL for a minimum of four years,
or longer if required by law, all in accordance with generally accepted accounting principles and with
sufficient detail so as to permit an accurate evaluation of the Services provided by Consultant pursuant
to this Agreement or the WAL.
b. Any and all such records or documents shall be made available for inspection, audit and copying, at
any time during regular business hours, upon request by District or its designated representative.
Copies of such documents or records shall be provided directly to District for inspection, audit and
copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such
documents and records shall be made available at Consultants address indicated for receipt of notices
in this Agreement.
c. District has the right to acquire custody of such records by written request if Consultant decides to
dissolve or terminate its business. Consultant shall deliver or cause to be delivered all such records and
documents to District within sixty (60) days of receipt of the request.

19. Independent Contractor. Consultant is retained as an independent contractor and is not employed by
District. No employee or agent of Consultant shall become, or be considered to be, an employee of
District for any purpose. It is agreed that District is interested only in the results obtained from the
Services under this Agreement and the WAL and that Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the Services required under this
Agreement and the WAL. Consultant shall complete this Agreement and the WAL according to its
own methods of work which shall be in the exclusive charge and control of Consultant and which shall
not be subject to control or supervision by District except as to results of the Services. Consultant shall
provide all of its own supplies, equipment, facilities, materials, manpower, and any/all other resources
that may become necessary in the course of completing the Services. It is expressly understood and
agreed that Consultant and its employees shall in no event be entitled to any benefits to which District
employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation,
workers compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultants employees wages, payroll taxes, employee benefits and any
amounts due for federal and state income taxes and Social Security taxes since these taxes will not be
withheld from payments under this Agreement or the WAL.
a. The personnel performing the Services under this Agreement and the WAL on behalf of Consultant
shall at all times be under Consultants exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultants
officers, employees, or agents are in any manner officials, officers, employees or agents of District.
b. Consultant shall have no authority to bind District in any manner, or to incur any obligation, debt
or liability of any kind on behalf of or against District, whether by contract or otherwise, unless such
authority is expressly conferred in writing by District, or under this Agreement.
20. Standard of Performance. Consultant represents and warrants that it has the skill, qualifications,
experience and facilities necessary to properly perform the Services required under this Agreement and
the WAL in a thorough, competent and professional manner. Consultant represents and warrants that
its employees and subcontractors have all legally required licenses, permits, qualifications and
approvals necessary to perform the Services and that all such licenses and approvals shall be
maintained throughout the term of this Agreement and the WAL. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all Services
ND#4819-2103-6308 Consultant Services Agreement 7
described herein and the WAL. In meeting its obligations under this Agreement and the WAL,
Consultant shall employ, at a minimum, the standard of care utilized by persons engaged in providing
services similar to those required of Consultant under this Agreement and the WAL for California
school districts in or around the same geographic area of District (the Standard of Performance).
21. Confidential Information. All information gained during performance of the Services and all
Documents or other work product produced by Consultant in performance of this Agreement and the
WAL shall be considered confidential (confidential information). Consultant shall not release or
disclose any such confidential information, Documents or work product to persons or entities other
than District without prior written authorization from the Superintendent of District and/or Program
Manager, except as may be required by law. Confidential information does not include information
that: (i) Consultant had in its possession prior to considering entering into this Agreement; (ii) becomes
public knowledge through no fault of Consultant; (iii) Consultant lawfully acquires from a third party
not under an obligation of confidentiality to the disclosing party; or (iv) is independently developed by
Consultant without benefit of the information provided by District. In connection with confidential
information:
a. Consultant shall promptly notify District if it is served with any summons, complaint, subpoena or
other discovery request, court order or other request from any party regarding this Agreement or the
WAL or the Services performed hereunder or the WAL.
b. District retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to
provide District with the opportunity to review any response to discovery requests provided by
Consultant; provided that this does not imply or mean the right by District to control, direct, or rewrite
said response.
22. Conflict of Interest; Disclosure of Interest. Consultant covenants that neither it, nor any officer or
principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of District or which would in any way hinder Consultants performance of the
Services under this Agreement or the WAL. Consultant further covenants that in the performance of
this Agreement and the WAL, no person having any such interest shall be employed by it as an officer,
employee, agent or subcontractor without the express written consent of District. Consultant agrees to
at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of
District in the performance of this Agreement and the WAL.
a. Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E, as hereinafter amended or renumbered,
require that a consultant that qualifies as a designated employee must disclose certain financial
interests by filing financial interest disclosures. By its initials below, Consultant (i) represents that it
has received and reviewed a copy of the Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E and
that it [____] does [X] does not qualify as a designated employee; and (ii) agrees to notify District, in
writing, if Consultant believes that it is a designate employee and should be filing financial interest
disclosures, but has not been previously required to do so by District.
______ (Initials)
23. Compliance with Applicable Laws. In connection with the Services and its operations, Consultant
shall keep itself informed of and comply with all applicable federal, state and local laws, statutes,
codes, ordinances, regulations and rules including, but not limited to, minimum wages and/or
prohibitions against discrimination, in effect during the Term. Consultant shall obtain any and all
licenses, permits and authorizations necessary to perform the Services. Neither District, nor any
ND#4819-2103-6308 Consultant Services Agreement 8
elected or appointed boards, officers, officials, employees or agents of District shall be liable, at law or
in equity, as a result of any failure of Consultant to comply with this section.
a. Without limiting the generality of the foregoing, Consultant, unless exempted, shall comply with
the requirements of Education Code Section 45125.1 with respect to fingerprinting of employees who
may have contact with Districts pupils. Consultant must complete Districts certification form,
attached herein as Exhibit E, prior to any of Consultants employees coming into contact with any of
Districts pupils. Consultant also agrees to comply with all other operational requirements of District,
as may be revised from time to time, including but not limited to any obligations relating to vaccination
or testing for infectious diseases.
______ (Initials)
24. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of
the Federal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seq., as amended, and in
connection therewith, shall not employ unauthorized aliens as that term is defined in 8 U.S.C.A.
1324a(h)(3). Should Consultant so employ such individuals for the performance of work and/or
Services covered by this Agreement or the WAL, and should any liability or sanctions be imposed
against District for such employment, Consultant hereby agrees to and shall reimburse District for the
cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys'
fees, incurred by District.
25. Non-Discrimination. Consultant shall abide by the applicable provisions of the United States Civil
Rights Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in
any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex,
sexual orientation, age, physical handicap, medical condition or marital status in connection with or
related to the performance of this Agreement or the WAL.
26. Disabled Veteran Business Enterprise Participation. Pursuant to Education Code section 17076.11,
District has a participation goal for disabled veteran business enterprises (DVBEs) of at least three (3)
percent, per year, of funds expended each year by District on projects that use funds allocated by the
State Allocation Board pursuant to the Leroy F. Greene School Facilities Act. Unless waived in
writing by District, Consultant shall provide proof of DVBE compliance, in accordance with any
applicable policies of District or the State Allocation Board, within thirty (30) days of its execution of
this Agreement
27. Assignment. The expertise and experience of Consultant are material considerations for this
Agreement and the WAL. District has an interest in the qualifications of and capability of the persons
and entities that will fulfill the duties and obligations imposed upon Consultant under this Agreement
and the WAL. In recognition of that interest, Consultant shall not assign or transfer this Agreement or
any portion of this Agreement or any portion of the WAL or the performance of any of Consultants
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by Districts Board of Trustees. Any attempted assignment shall be ineffective,
null and void, and shall constitute a material breach of this Agreement and the WAL entitling District
to any and all remedies at law or in equity, including summary termination of this Agreement and the
WAL.
28. Subcontracting. Notwithstanding the above, Consultant may utilize subcontractors in the performance
of its duties pursuant to this Agreement and the WAL, but only with the prior written consent of
District. Consultant shall be as fully responsible to District for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by Consultants subcontractors, as
if the acts and omissions were performed by Consultant directly.
ND#4819-2103-6308 Consultant Services Agreement 9
29. District Administrator. Lisa Franz shall be in charge of administering this Agreement on behalf of
District, (the Administrator) provided that any written notice or any consent, waiver or approval of
District must be signed by the Superintendent or a designated employee of District to be valid. The
Administrator has completed Exhibit D Conflict of Interest Check attached hereto.
30. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultants staff and subcontractors consistent with the staff proposed as part of the
Statement of Qualifications, if any, assigned to perform Services under this Agreement and the WAL.
a. Consultant shall provide District and the Administrator a list of all personnel and subcontractors
providing Services and shall maintain said list current and up to date at all times during the Term. The
list shall include the following information: (1) all full or part-time staff positions by title, including
volunteer positions whose direct services are required to provide the Services; (2) a brief description of
the functions of each such position and the hours each position works each week or, for part-time
positions, each day or month, as appropriate; (3) the professional degree, if applicable, and experience
required for each position; and (4) the name of the person responsible for fulfilling the terms of this
Agreement and the WAL.
31. Indemnification. To the fullest extent permitted by law, Consultant shall defend and indemnify
District and its officials, elected board members, employees and agents (Indemnified Parties) from
and against all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, its officers, employees, consultants, subcontractors, or agents, pursuant
to this Agreement and/or the WAL, but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of any of the Indemnified Parties.
a. Consultant agrees to obtain executed indemnity agreements with provisions identical to the above
from each and every subcontractor retained or employed by Consultant in the performance of this
Agreement and the WAL. Failure of District to monitor compliance with these requirements imposes
no additional obligations on District and will in no way act as a waiver of any rights hereunder.
Consultants obligation to indemnify and defend District as set forth above is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and the
WAL.
______ (Initials)
32. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit C Insurance and made a part of this
Agreement. All insurance policies shall be subject to approval by District as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the District
Superintendent.
33. Notices. All notices required or permitted to be given under this Agreement or the WAL shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and
return receipt requested, addressed as follows:
To District: Oxnard School District
1051 South A Street
Oxnard, California, 93030
Attention: Lisa Cline
Assistant Superintendent , Business & Fiscal Services
Re: [Insert Project Name]
ND#4819-2103-6308 Consultant Services Agreement 10
With electronic copy to: Caldwell Flores Winters, Inc.
Oxnard School District Program Manager
6425 Christie Ave., Suite 270
Emeryville, California 94608
Attention: Yuri Calderon
T: 510-596-8170
Email: ycalderon@cfwinc.com
To Consultant: TYR, Inc.
2760 E. Spring St., Suite 180
Long Beach, CA 90806
Attention: Youssef Sobhi
T: (562) 426-1965
Email: ysobhi@tyrior.com
All notices, demands, or requests to be given under this Agreement or the WAL shall be given in writing
and conclusively shall be deemed received when delivered in any of the following ways: (i) on the date
delivered if delivered personally; (ii) on the date sent if sent by facsimile transmission and confirmation of
transmission is received; (iii) on the date it is accepted or rejected if sent by certified mail; and (iv) the date
it is received if sent by regular United States mail.
34. Excusable Delays. Neither Party will be liable to the other for unanticipated delays or failures in
performance resulting from causes beyond the reasonable control of that Party, including, but not
limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war,
governmental regulations, communications or utility failures, or casualties; provided that the delayed
Party: (i) gives the other Party prompt written notice of such cause; and (ii) uses its reasonable efforts
to correct such failure or delay in its performance. The delayed Party's time for performance or cure
under this section will be extended for a period equal to the duration of the cause or sixty (60) days,
whichever is less.
35. Entire Agreement; Binding Effect. This Agreement including Exhibits hereto, contains the entire
understanding of the Parties, and supersedes all other written or oral agreements. Consultant shall be
entitled to no other benefits other than those specified herein. No changes, amendments or alternations
shall be effective unless in writing and signed by both Parties and approved by Districts Board of
Trustees. Consultant specifically acknowledges that in entering into this Agreement, Consultant relied
solely upon the provisions contained in this Agreement and no others. This Agreement shall be
binding upon the heirs, executors, administrators, successors and assigns of the Parties.
36. Amendment. No changes, amendments to or modifications of this Agreement or the WAL shall be
valid, effective or binding unless made in writing and signed by both Parties and approved by the
Districts Board of Trustees. The Parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
37. Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement or the WAL shall
not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of
the provisions of this Agreement or the WAL shall not constitute a waiver of any other provision or a
waiver of any subsequent breach or violation of any provision of this Agreement or the WAL. None of
the provisions of this Agreement or the WAL shall be considered waived by either Party unless such
waiver is specifically specified in writing. Neither Districts review, approval of, nor payment for, any
of the Services required under this Agreement or the WAL shall be construed to operate as a waiver of
ND#4819-2103-6308 Consultant Services Agreement 11
any rights under this Agreement or the WAL, and Consultant shall remain liable to District in
accordance with this Agreement and the WAL for all damages to District caused by Consultants
failure to perform any of the Services to the Standard of Performance. This provision shall survive the
termination of this Agreement and the WAL.
38. Governing Law. This Agreement and the WAL shall be interpreted, construed and governed
according to the laws of the State of California. With respect to litigation involving this Agreement,
the WAL or the Services, venue in state trial courts shall lie exclusively in the County of Ventura,
California.
39. Severability. If any term, condition or covenant of this Agreement or the WAL is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement and the WAL shall not be affected thereby and the Agreement and WAL
shall be read and construed without the invalid, void or unenforceable provision(s).
40. Authority to Execute. The person or persons executing this Agreement on behalf of Consultant
represents and warrants that he/she/they has/have the authority to so execute this Agreement and to
bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, District and Consultant have executed and delivered this Agreement for
consultant services as of the date first written above.

OXNARD SCHOOL DISTRICT: KENCO CONSTRUCTION SERVICES INC.:



Signature Signature

Lisa A. Franz, Director, Purchasing
Typed Name/Title Typed Name/Title


Date Date

Tax Identification Number: 95-6002318 Tax Identification Number:

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ND#4819-2103-6308 Exhibit A page 1 Consultant Services Agreement

EXHIBIT A
TO AGREEMENT FOR CONSULTANT SERVICES #13-128

WORK AUTHORIZATION PROCEDURES

1. Assignment of Work Authorization
1.1. Request For Proposal (RFP): At the sole discretion of District, one or more prequalified
professional services consultants shall be solicited with a Request For Proposal (RFP) for a
specific lump sum fixed fee proposal for defined Services to be complete within a defined timeline.
For a proposal to be valid it must clearly acknowledge the complete Services requested by District
and must include a lump sum fixed fee amount to complete all defined Services, a clearly defined
schedule for completion of Services which meets the required timeline defined by District and
shows final completion to occur within the Term of this Agreement.

1.2. Evaluation of Proposal: Districts Program Manager, in consultation with District, shall review each
proposal for validity, accuracy, competitiveness, and overall quality of the Services proposed to be
performed. In the case where more than one firm is solicited for a scope of defined Services, the
Program Manager shall evaluate each proposal thoroughly based on predetermined, objective
criteria to ensure a just and fair review of all proposals.

1.3. Selection of Consultant: Following evaluation of proposals, the consultant whose proposal exhibits
the best value for the benefit of District shall be recommended to the Superintendent for approval.

1.4. Work Authorization Letter (WAL): With the approval of the District Superintendent, the Program
Manager shall issue a Work Authorization Letter (WAL) to the selected consultant to perform the
defined Services as indicated in the RFP, for the lump sum fixed fee amount reflected in the
proposal, with all Services to complete within the timeline indicated in the RFP, and the Term set
forth in this Agreement. District retains the right to negotiate all terms of the WAL subsequent to
the receipt of proposal(s) in order to clarify the scope of Services, and/or make any adjustments to
the fee amount and required schedule prior to issuance of the WAL. The WAL shall be considered
a binding agreement, and amendment to this Agreement, once executed by Consultant, approved by
the District Board of Trustees, and executed by the Superintendent.

1.5. Performance of Services Set Forth in the WAL: Performance of Services set forth in the WAL shall
not commence until final approval by the District Superintendent and Board of Trustees, unless
expressly authorized by the District Superintendent and Program Manager. During the course of
completing the Services, Consultant shall comply will all provisions of this Agreement and the
WAL. All Services set forth in the WAL shall be completed within the schedule set forth in the
WAL.

1.6. Close Out of WAL Services: Upon completion of all Services required by the WAL, Consultant
shall submit all required close-out documentation, certifications, records, reports, warranties, and
any other information required or requested by District prior to submitting Consultants invoice for
final payment.

1.7. WAL Form: See next page for sample Work Authorization Letter.
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ND#4819-2103-6308 Exhibit A page 2 Consultant Services Agreement

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ND#4819-2103-6308 Exhibit B page 1 Consultant Services Agreement

EXHIBIT B
TO AGREEMENT FOR CONSULTANT SERVICES #13-128
COMPENSATION & RATE/FEE SCHEDULE

I. The following rates of pay shall apply in the performance of the Services under this Agreement and the
WAL:

PROJECT DSA INSPECTION FEE SCHEDULE



II. Consultant may utilize subcontractors as permitted in the Agreement and the WAL. The hourly rate for
any subcontractor shall be consistent with the rate and fee schedule indicated in Section I above, unless
other direction is provided with written authorization from District Superintendent or his/her designee.

III. Claims for reimbursable expenses shall be documented by appropriate invoices and supporting receipts.
Consultant may be reimbursed for those reasonable out-of-pocket expenses set forth below that are
incurred and paid for by Consultant beyond the typical obligations under this Agreement and the WAL,
but only to the extent that such expenses are directly related to Services satisfactorily completed, are
approved by District in writing and do not cause the amounts paid to Consultant to exceed the amounts
allowed under this Agreement and the WAL. No mark-up of any expense is permitted. The following is
the EXCLUSIVE list of reimbursable expenses:

A. Travel and Mileage. Consultant must request the travel in writing and justify why the travel
should be reimbursed. Travel expenses must be approved in writing by District, in its sole discretion.
Trips from any Consultants office to Districts office or to the subject project site will not be
approved for reimbursement.

B. Reimbursable Reprographic Services. Print sets or copies requested in writing by District beyond
the quantities required under the WAL.

C. Fees for Subcontractors. Fees for subcontractors hired and paid by Consultant at the written
request of District and are permitted in the Agreement and the WAL.

D. Fees advanced for securing approval of public agencies having jurisdiction over any project
hereunder.

IV. Consultant shall provide to District a complete Schedule of Values (SOV), identifying major work
activities required to complete the authorized scope of work. All invoices must reflect the appropriate
progress percentage for each SOV item billed, to be verified by District. District will compensate
Consultant for the Services performed upon approval by District of a valid and complete invoice, in form
and substance acceptable to District. See Exhibit G for required Invoice Approval Form and Billing
Cover Sheet. The Billing Cover Sheet shall reflect the approved SOV. In connection with Services that
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ND#4819-2103-6308 Exhibit B page 2 Consultant Services Agreement

are only partially completed at the time an invoice is paid, notwithstanding any provision of the
Agreement, the WAL, or any other document, payment of the invoice does not constitute acceptance of
the partially completed work or Service. Each invoice is to include:

A. Billing Cover Sheet/SOV with all appropriate progress percentages identified toward completion of the
Services.
B. Acceptable back-up for billings shall include, but not be limited to:
a. Records for all personnel describing the work performed, the number of hours worked, and the
hourly rate, for all time charged to the Services.
b. Records for all supplies, materials and equipment properly charged to the Services.
c. Records for all travel pre-approved by District and properly charged to the Services.
d. Records for all subcontractor labor, supplies, equipment, materials, and travel properly charged
to the Services.

Unless otherwise directed by District, in writing, completed invoices are to be submitted to the attention of the
Director of Purchasing and the Assistant Superintendent, Business and Fiscal Services. To be considered complete,
the invoice packet shall include all back-up documentation required by District and sign-off from District staff,
Program Manager or project manager assigned by District to supervise the Services.

V. The total compensation for the Services shall be provided for in the WAL(s) issued subsequent to this
Agreement.

VI. Compensation Upon Termination. In the event that District suspends or terminates this Agreement, the
WAL or any of the Services pursuant to Section 11 or Section 12a of the Agreement, District will pay
Consultant as provided herein and the WAL for all Services and authorized Additional Work actually
performed, and all authorized reimbursable expenses actually incurred and paid, under and in accordance with
this Agreement and the WAL, up to and including the date of suspension or termination; provided that such
payments shall not exceed the amounts specified in the Agreement and the WAL as compensation for the
Services completed, plus any authorized Additional Work and authorized reimbursable expenses completed
prior to suspension or termination. No payment for demobilization shall be paid unless District at its sole
discretion determines that demobilization or other compensation is appropriate. After a notice of termination is
given, Consultant shall submit to District a final claim for payment, in the form and with certifications
prescribed by District. Such claim shall be submitted promptly, but in no event later than forty (40) calendar
days after the Termination Date specified on the notice of termination. Such payment shall be Consultants
sole and exclusive compensation and District shall have no liability to Consultant for any other compensation
or damages, including without limitation, anticipated profit, prospective losses, legal fees or costs associated
with legal representation or consequential damages, of any kind.








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ND#4819-2103-6308 Exhibit C page 1 Consultant Services Agreement


EXHIBIT C
TO AGREEMENT FOR CONSULTANT SERVICES #13-128


INSURANCE

I. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to District
Superintendent or District Counsel, in full force and effect throughout the Term of this Agreement and the WAL,
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, subcontractors, representatives and/or employees.
Insurance is to be placed with insurers authorized to conduct business in the State of California and with a current
A.M. Best's rating of no less than A, as rated by the current edition of Bests Key Rating Guide, published by A.M.
Best Company, Oldwick, New J ersey 08858. Consultant shall provide the following scope and limits of insurance:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability coverage of not less than two million dollars ($2,000,000)
aggregate and one million dollars ($1,000,000) per occurrence.

(2) Auto liability insurance with limits of not less than one million dollars ($1,000,000).

(3) Insurance coverage should include:

1. owned, non-owned and hired vehicles;
2. blanket contractual;
3. broad form property damage;
4. products/completed operations; and
5. personal injury.

(4) Workers' Compensation insurance as required by the laws of the State of California.

(5) Abuse and Molestation coverage of not less than two million dollars ($2,000,000) per
occurrence and five million dollars ($5,000,000) aggregate.

(6) Professional liability (Errors and Omissions) insurance, including contractual liability, as
appropriate to the Consultants profession, in an amount of not less than the following:

Accountants, Attorneys, Education Consultants, $1,000,000
Nurses, Therapists

Architects $1,000,000 or $2,000,000

Physicians and Medical Corporations $5,000,000

Failure to maintain professional liability insurance is a material breach of this Agreement and the WAL and
grounds for immediate termination

II. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
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ND#4819-2103-6308 Exhibit C page 2 Consultant Services Agreement


A. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the
coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in
coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been
given to District

B. General Liability, Automobile Liability, and Abuse/Molestation Coverages.

(1) District, and its respective elected and appointed officers, officials, employees and
volunteers are to be covered as additional insureds (collectively, additional insureds) as respects the following:
liability arising out of activities and/or Services Consultant performs; products and completed operations of
Consultant; premises owned, occupied or used by Consultant; automobiles owned, leased, hired or borrowed by
Consultant, and Abuse/Molestation. The coverage shall contain no special limitations on the scope of protection
afforded to additional insureds.

(2) Each policy shall state that the coverage provided is primary and any insurance carried by
any additional insured is in excess to and non-contributory with Consultants insurance.

(3) Consultants 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.

(4) Any failure to comply with the reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to any additional insured.

III. Other Requirements. Consultant agrees to deposit with District, at or before the effective date of this
Agreement and the WAL, certificates of insurance necessary to satisfy District that the insurance provisions of this
Agreement have been complied with. District may require that Consultant furnish District with copies of original
endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. District reserves the right to inspect complete,
certified copies of all required insurance policies, at any time.

A. If any Services are performed by a subcontractor, Consultant shall furnish certificates and
endorsements from each subcontractor identical to those Consultant provides.

B. Any deductibles or self-insured retentions must be declared to and approved by District. At the
option of District, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
District or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses
and claims.

C. The procuring of any required policy or policies of insurance shall not be construed to limit
Consultants liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.


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ND#4819-2103-6308 Exhibit D page 1 Consultant Services Agreement

EXHIBIT D
TO AGREEMENT FOR CONSULTANT SERVICES #13-128
CONFLICT OF INTEREST CHECK

Bylaws of the Board 2030(C)E requires that the Superintendent or a designee make a determination, on a case by
case basis, concerning whether disclosure will be required from a consultant to comply with Districts Conflict of
Interest Code (commencing with Bylaws of the Board 2030 BB).

Consultants are required to file disclosures when, pursuant to a contract with District, Consultant will make certain
specified government decisions or will perform the same or substantially the same duties for District as a staff
person would.


The services to be performed by Consultant under the Agreement to which this Exhibit D is attached [] constitute
[X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code.
Therefore, Consultant, [] is [X] is not subject to disclosure obligations.


Date:

By:
Lisa A. Franz
Director, Purchasing


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ND#4819-2103-6308 Exhibit E page 1 Consultant Services Agreement

EXHIBIT E
TO AGREEMENT FOR CONSULTANT SERVICES #13-128

BACKGROUND CHECK AND FINGERPRINTING PROCEDURES
FOR CONTRACTORS

The successful Bidder will be required to assure that its employees, subcontractors of any tier, material
suppliers, and consultants do not have direct contact with the Districts students during the performance
of the Contract in compliance with Education Code 45125.1 and 45125.2. To assure these provisions,
the successful Bidders supervisor shall be fingerprinted, and proof of same shall be provided to the
District prior to start of on-site work. The supervisor will monitor the workers conduct while on school
grounds. In addition, the successful Bidder shall barricade the Work area to separate its workers from the
students. Costs associated with this process are the responsibility of the successful Bidder.

The Contractors construction supervisors or their unsupervised employees who will be working outside
of fenced areas during the school hours must have submitted a fingerprint identification card to the
Department of J ustice (DOJ ) and have a proof of clearance in the form of an affidavit filed in the Oxnard
School Districts Purchasing Office prior to the start of the Work.

California Education Code 45125.1 and 45125.2 require that criminal checks be completed for
contractors (Contracting Firm) who provide architectural, construction, janitorial, administrative,
landscape, transportation, food-related, or other similar services to school districts.

The undersigned does hereby certify to the Board of Trustees of the Oxnard School District as follows:

That I am a representative of the Contractor currently under contract (Contract) with the District; that I
am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on
behalf of Contractor.

Contractor certifies that it has taken the following actions with respect to the construction Project that is
the subject of the Contract:

1. Pursuant to Education Code 45125.2, Contractor has installed or will install, prior to
commencement of Work, a physical barrier at the Work Site, which will limit contact between
Contractors employees and District pupils at all times (mandatory for all Projects); AND

2. The Contractor has complied with the fingerprinting requirements of Education Code 45125.1
with respect to all Contractors employees and all of its subcontractors employees who may have contact
with District pupils in the course of providing services pursuant to the Contract, and the California
Department of J ustice has determined that none of those employees has been convicted of a felony, as that
term is defined in Education Code 45122.1. A complete and accurate list of Contractors employees and
of all its subcontractors employees who may come in contact with District pupils during the course and
scope of the Contract is attached hereto; AND/OR

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ND#4819-2103-6308 Exhibit E page 2 Consultant Services Agreement

3. Pursuant to Education Code 45125.2, Contractor certifies that all employees will be under the
continual supervision of, and monitored by, an employee of the Contractor who the California Department
of J ustice has ascertained has not been convicted of a violent or serious felony. The name and title of
each employee who will be supervising Contractors employees and its subcontractors employees is:

Name: _____________________________________

Title: ______________________________________

AND/OR

4. The Work on the Contract is at an unoccupied school site and no employee and/or subcontractor or
supplier of any tier of Contract shall come in contract with District pupils.

Contractors responsibility for background clearance extends to all of its employees, Subcontractors, and
employees of Subcontractors coming into contact with District pupils regardless of whether they are
designated as employees or acting as independent contractors of the Contractor.

Date: _________

Proper Name of Contractor: ______________________________________

Signature: _________________________

By: ______________________________________

Its: ______________________________________
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ND#4819-2103-6308 Exhibit F page 1 Consultant Services Agreement

EXHIBIT F
TO AGREEMENT FOR CONSULTANT SERVICES #13-128

SCOPE OF SERVICES PROJECT DSA INSPECTION (IOR)

The Project Inspectors Scope of Work includes, but is not limited to, the following:

Consultant shall ensure that the work performed in the field is in accordance with DSA approved design
documents. The project inspector will be required to monitor all construction activities, review RFIs,
change orders, and submittals, and to confirm that construction activities were performed satisfactorily in
accordance with approved design.

1. Certifications:
a. Possession and maintenance in good standing of all classes of licensed DSA Project Inspectors
Certificate issued by the Division of the State Architect.

2. Pre-Construction services required:
a. Familiarity with the project scope and approved drawings and specifications.
b. Preparation of all required forms for DSA, the Architect and the District.
c. Participation at all preconstruction meetings.
3. Construction Phase Services Required:
a. Performance of project inspection in accordance with Sections 4-211, 4-333 and 4-341, Title 24
Part 1, 2010 California Building Standards Administrative Code, Division of State Architect
requirements, and all other laws, codes, and regulations governing educational facilities
construction inspection.
b. Daily site inspections with reports to inform Contractor, Architect, District and DSA of non-
conforming work and corrective steps required.
c. Monitoring of daily construction progress relating to the construction schedule, T & M work
required, weather delays and like activities.
d. Verification that all required materials sampling and special inspections are coordinated with
construction activities, performed in accordance with project requirements and properly
documented.
e. Tracking of Record Drawing updates by the Contractor.
f. Prompt filing of all periodic reports required during the construction process.
g. Attendance at periodic job meetings and visits by DSA and District personnel.
h. Review of Requests for Information generated by the Contractor.
i. Observe and document discovered conditions and inform Contractor, Architect and District of
such conditions.
j. Review of periodic pay requests generated by the Contractor.
k. Review of proposed change orders to verify that such work falls outside of the project scope.
4. Post-Construction Services Required:
a. Compilation of operations and maintenance manuals, warranties/guarantees, and certificates.
b. Compilation and completion of all documentation to assure DSA close-out with certification.
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ND#4819-2103-6308 Exhibit F page 2 Consultant Services Agreement



5. Reports
As part of the Services, Consultant will prepare and deliver the following tangible work products to
District:
a. All DSA required inspections, reporting, processes and procedures required by the DSA Testing &
Inspection Listing, and/or required by the Architect of Record.

6. Time
All DSA required reporting shall be delivered to the District concurrent with the submittal to DSA, and
pursuant to DSA required timelines. The final inspection report (DSA Form 6) shall be completed and
electronic filed within 30 calendar days of the notice of completion.

7. Accuracy Standards
Precision of the inspection reports and other documentation shall be in accordance with the professional
standard of care to be expected of professional DSA inspectors licensed to practice in the State of
California.


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ND#4819-2103-6308 Exhibit G page 1 Consultant Services Agreement

EXHIBIT G
TO AGREEMENT FOR CONSULTANT SERVICES #13-128

INVOICE APPROVAL LETTER & BILLING COVER SHEET

DATE:
Project No.___: [INSERT PROJECT NAME]
Consultant: Kenco Construction Services, Inc. (Kenco)

Kenco has submitted Invoice No. _________ for review by the Districts Program Manager, Caldwell
Flores Winters, Inc. (CFW), and Assistant Superintendent of Business Services, Lisa Cline.

By signing below, a representative of Kenco, hereby certifies that the invoice submitted is a true and
accurate reflection of the work performed to date, is an accurate representation of the percent work
completed for the phase identified in the invoice, and that the invoice submitted does not include any
charges for services that have been previously paid, or rejected by the District and/or CFW.



Kenco Construction Services, Inc. Date


The invoice has been reviewed by the following and is recommended for payment:



Caldwell Flores Winters, Inc. Date




Oxnard School District Date
Lisa Cline, Assistant Superintendent,
Business and Fiscal Services
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ND#4819-2103-6308 Exhibit G page 2 Consultant Services Agreement
















































Not Project Related
Project #13-128

ND#4819-2103-6308 Exhibit G page 3 Consultant Services Agreement


Agreement #13-129

OXNARD SCHOOL DISTRICT
AGREEMENT FOR CONSULTANT SERVICES
(MASTER AGREEMENT PROJECT DSA INSPECTION [IOR])

This Agreement for Consultant Services (Agreement) is entered into as of this 13
th
day of November,
2013 by and between the Oxnard School District (District), with offices located at 1051 South A Street, Oxnard,
CA 93030, and Knowland Construction Services (Consultant) with a business address at 2181 East Foothill
Blvd., Suite 203, Pasadena, CA 91107. District and Consultant are sometimes hereinafter individually referred to
as Party and hereinafter collectively referred to as the Parties.
RECITALS
A. District is authorized by California Government Code Section 53060, and Board Policy 4368, to
contract with independent contractors for the furnishing of services concerning financial, economic, accounting,
engineering, legal, administrative and other matters. District has sought, by issuance of a Request for
Qualifications, the performance of certain services, with the precise scope of work to be specified at the time of
assignment of work.
B. Following submission of a Statement of Qualifications for the performance of services, Consultant
was prequalified by District to perform services on behalf of District that may be assigned, or not assigned, at the
Districts sole discretion.
C. The Parties desire to formalize the prequalification of Consultant for performance of services and
desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and
contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties
agree as follows:
1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all exhibits attached to this
Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein.
2. Master Agreement. This Agreement sets forth the basic terms and conditions between District and
Consultant. It may be supplemented from time to time with an individual Work Authorization Letter
(WAL) which shall be considered an amendment to this Agreement, and which shall be subject to all
the terms and conditions of this Agreement, and any further terms and conditions as set forth in the
WAL.
3. Scope of Services. The scope of Services to be assigned to Consultant pursuant to a WAL is further
defined in Exhibit F Scope of Services, wherein the general responsibilities of Consultant are
described pursuant to the discipline(s) for which the Consultant has been deemed prequalified by
District as described in this Agreement.
4. Agreement, Scope of Work, and Assignment of Projects. District may, from time to time, and at the
sole discretion of District, assign to Consultant specific services to be performed by Consultant (the
Services) pursuant to a WAL. The WAL assignment procedure and associated forms are set forth in
Exhibit A, which is attached hereto. This Agreement, together with the WAL, sets forth the terms and
conditions pursuant to which Consultant will perform such Services on behalf of District. The WAL

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shall particularize and describe, among other things, such project(s) for which Consultant is to perform
Services, such Services to be performed by Consultant at such project(s), the timeline for the
performance of such Services, and the compensation to be paid to Consultant for the performance of
such Services.
5. Term of Agreement. Subject to earlier termination as provided below, this Agreement shall remain in
effect from November 13, 2013 through November 12, 2018 (the Term). This Agreement may be
extended only by amendment, signed by the Parties, prior to the expiration of the Term. Such
agreement for extension shall be based upon the showing of good and sufficient cause by Consultant
that such extension(s) shall be granted. District shall not be obligated to compensate Consultant for
any additional costs if such an extension has been granted to this Agreement. Any provision for
additional compensation shall be accommodated via the WAL process as indicated in Exhibit A.
6. Time for Performance. The scope of the Services set forth in the WAL shall be completed during the
Term pursuant to the schedule specified in the WAL. If Services indicated in the WAL cannot be
completed within the schedule set forth in the WAL, or if the schedule exceeds the Term of this
Agreement, it is the responsibility of Consultant to notify District at least ninety (90) days prior to the
expiration of either, with a request for a time extension clearly identifying the cause(s) for the failure to
complete the Services within the schedule and/or the Term. Should Consultant fail to provide such
notice, and/or the Services not be completed pursuant to that schedule or within the Term, Consultant
shall be deemed to be in Default as provided below. District, in its sole discretion, may choose not to
enforce the Default provisions of this Agreement and may instead allow Consultant to continue
performing the Services.
7. Additional Services. Additional Services are services in addition to the Services set forth in the WAL
that are provided by Consultant pursuant to a written request by District. Additional Services will
require a written request or pre-authorization in writing by District following specific approval of such
services by the District Board of Trustees. It is understood and agreed that Consultant shall not
perform any Additional Services unless and until Consultant receives specific written approval for such
Additional Services from the District Board of Trustees. Any modification of the compensation to be
paid to Consultant as a result of Additional Services must be specifically approved in writing by the
District Board of Trustees. In the event that the District Board of Trustees approves in writing a
modification of the compensation, then Consultant shall be paid for such Additional Services pursuant
to Section 8, below. However, it is understood and agreed that if the cause of the Additional Services
is the sole or partial responsibility of Consultant, its agents, or any subconsultants or other parties under
the charge of Consultant, no additional compensation shall be paid to Consultant. If such conditions
exist so as to justify Additional Services as indicated above, which require additional compensation or
time in order to be performed, it is the sole responsibility of Consultant to submit a request for
Additional Services within ten (10) days of Consultants discovery of such conditions which require
Additional Services. It is understood and agreed that if Consultant performs any services that it claims
are Additional Services without receiving prior written approval from the District Board of Trustees,
Consultant shall not be paid for such claimed Additional Services.
8. Compensation and Method of Payment. This Agreement does not guarantee that District will issue a
WAL to Consultant nor does this Agreement guarantee any compensation to Consultant. This
Agreement does not create any obligation on the part of District to compensate Consultant absent a
WAL indicating compensation due to Consultant once Services are performed. Specific compensation
and payment amounts, including approved reimbursable expenses, shall be set forth in the WAL.
However, it is understood and agreed that the compensation to be paid to Consultant shall not be in
excess of or exceed the rates set forth in Exhibit B Compensation.

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a. Each month Consultant shall furnish to District an original invoice for all work performed and
expenses incurred during the preceding month for Services performed pursuant to a WAL. The invoice
shall clearly indicate the assigned project, the approved WAL, and shall detail charges by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts.
Sub-consultant charges, if any, shall be detailed by the following categories: labor, travel, materials,
equipment and supplies. District shall independently review each invoice submitted by Consultant to
determine whether the work performed and expenses incurred are in compliance with the provisions of
this Agreement and the WAL. In the event that no charges or expenses are disputed, the invoice shall
be approved and paid according to the terms set forth in subsection b. In the event any charges or
expenses are disputed by District, the original invoice shall be returned by District to Consultant for
correction and resubmission.
b. Except as to any charges for work performed or expenses incurred by Consultant which are
disputed by District, District will use its best efforts to cause Consultant to be paid within forty-five
(45) days of receipt of Consultants correct and undisputed invoice.
c. Payment to Consultant for work performed pursuant to this Agreement and a WAL shall not be
deemed to waive any defects in work performed by Consultant.
9. Responsibilities of Consultant:
a. Consultant shall perform all Services as indicated in this Agreement and the WAL to the
satisfaction of District.
b. The specific Services of Consultant to be performed shall be indicated in the WAL.
c. Consultant hereby represents and warrants that (a) it is an experienced consultant in the
discipline(s) identified in Exhibit F, having the skill and the legal and professional ability and the
flexibility necessary to perform all of the Services required under this Agreement; (b) it has the
capabilities and resources necessary to perform its obligations hereunder; (c) it is familiar with all
current laws, rules, regulations and other restrictions which are and may become applicable to the
scope of Services under this Agreement, including but not limited to all local ordinances, building
codes, and requirements of all Authorities Having J urisdiction (AHJ ) including but not limited to the
Division of State Architect (DSA), the Office of Public School Construction (OPSC), the State
Facilities Planning Division (SFPD), California Department of Education (CDE), the California
Department of General Services (DGS), the Department of Toxic Substances Control (DTSC), the
California Environmental Quality Act (CEQA), Title 24 of the California Code of Regulations, the
California Education Code, State and Local Fire Authorities, air quality districts, water quality and
control boards, and any/all other AHJ ; (d) that it will assume full responsibility for all Services
performed and all work prepared and furnished to District by its employees, agents, and subconsultants;
(e) that it has sufficient financial strength and resources to undertake and complete the Services
provided for under this Agreement within the schedule set forth in the WAL; and (f) that it certifies and
covenants that all reports, certifications, studies, analyses, and other documents prepared by Consultant
shall be prepared in accordance with all applicable laws, rules, regulations, and other requirements in
effect at the time of their preparation, or required at their time of submittal to District and or agencies.
d. Consultant shall follow accepted industry standards and practices and comply with all federal,
state, and local laws and ordinances applicable to the Services required by this Agreement and the
WAL.
10. Responsibilities of District.

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a. District will prepare and furnish to Consultant upon Consultants request, such information as is
reasonably necessary to the performance of the Services required under this Agreement and the WAL.
Consultant understands that all information provided to Consultant remains the property of District and
shall only be removed from Districts possession/premises and/or be photocopied, reproduced,
distributed, or otherwise made available to others if such activities are expressly approved in writing by
District and/or the Program Manager. Failure to comply with the above requirements shall be
reasonable cause for termination of this Agreement, and may subject Consultant to liability for
damages to District.
b. If needed by Consultant, District shall provide information as to the requirements and educational
program for each project assigned by a WAL, including approved budget and schedule limitations.
c. District shall facilitate and coordinate cooperation amongst and between District consultants,
including but not limited to architects, construction managers, surveyors, geotechnical engineers,
inspectors, testing laboratories, hazardous materials specialists, CEQA/DTSC compliance specialists,
technology experts, and any other professional consultants District deems necessary to execute the
Facilities Implementation Program. Such coordination shall include the distribution of documentation
prepared by individual consultants which may be of service to Consultant in the course of completing
the Services.
d. District shall facilitate and coordinate cooperation amongst and between District staff and
Consultant, as required to complete the Services.
e. District shall provide for the timely approval and execution of the WALs, Additional Services
requests, invoices, and any other documentation that requires District action in order for Consultant to
complete the Services.
11. Suspension. District may, for any reason or no reason, in Districts sole discretion, suspend all or a
portion of this Agreement, the WAL, or the Services by giving ten (10) calendar days written notice of
suspension to Consultant. In the event such notice is given, Consultant shall cease immediately all
work in progress. If District suspends the Services for a period of ninety (90) consecutive calendar
days or more and, in addition, if such suspension is not caused by Consultant or the acts or omissions
of Consultant, then if the Services are resumed, Consultants compensation shall be subject to
adjustment to provide for actual direct costs and expenses incurred by Consultant as a direct result of
the suspension and resumption by District of the Services.
12. Termination. This Agreement, the WAL, or the Services may be terminated at any time by mutual
agreement of the Parties or by either Party as follows:
a. District may terminate all or a portion of this Agreement, the WAL, or the Services without cause
at any time by giving ten (10) calendar days written notice of termination to Consultant. In the event
such notice is given, Consultant shall cease immediately all work in progress; or
b. District may terminate all or a portion of this Agreement, the WAL, or the Services for cause in the
event of a Default by giving written notice pursuant to Section 15, below; or
c. Consultant may terminate this Agreement or the WAL at any time upon thirty (30) calendar days
written notice if District fails to make any undisputed payment to Consultant when due and such failure
remains uncured for forty-five (45) calendar days after written notice to District.

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13. Similar or Identical Services. In the event that this Agreement, the WAL, or any of the Services are
terminated in whole or in part as provided herein, District may procure, upon such terms and in such
manner as District may determine appropriate, services similar or identical to those terminated to
complete any unfinished Services or new services as needed by District.
14. Inspection and Final Acceptance. District acceptance of any of work or Services, whether specifically
in writing or by virtue of payment, shall not constitute a waiver of any of the provisions of this
Agreement or the WAL including, but not limited to, indemnification and insurance provisions.
15. Default. Failure of Consultant to perform any Services or comply with any provisions of this
Agreement or the WAL constitutes a Default. District may terminate all or any portion of this
Agreement, the WAL, or the Services for cause in the event of a Default. The termination shall be
effective if Consultant fails to cure such Default within thirty (30) calendar days following issuance of
written notice thereof by District, or if the cure by its nature takes longer, fails to commence such cure
within thirty (30) calendar days from the date of issuance of the notice and diligently prosecutes such
cure to the satisfaction of District. If Consultant has not cured the Default, District may hold all
invoices and may choose to proceed with payment on said invoices only after the Default is cured to
Districts satisfaction. In the alternative, District may, in its sole discretion, during the period before
Consultant has cured the Default, elect to pay any portion of outstanding invoices that corresponds to
Services satisfactorily rendered. Any failure on the part of District to give notice of Consultants
default shall not be deemed to result in a waiver of Districts legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to Districts termination rights set forth above, District shall have (i) the right to cure
Consultants Default at Consultants cost, in which case all amounts expended by District in connection
with such cure shall accrue interest from the date incurred until repaid to District by Consultant at the
rate of ten percent (10%) per annum; and (ii) all other rights and remedies available to District at law
and in equity, including, without limitation, an action for damages. District shall have the right to
retain unpaid earned balances to offset damages, and/or charge Consultant for all damages above and
beyond unpaid balance of WAL.
16. Ownership of Documents. All maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any Services pursuant to this Agreement or the WAL
(collectively and individually, the Documents) shall become the sole property of District and may be
used, reused or otherwise disposed of by District without the permission of Consultant. Upon
completion, expiration or termination of this Agreement or the WAL, Consultant shall turn over to
District all such Documents.
17. Use of Documents by District. If and to the extent that District utilizes for any purpose not related to
this Agreement or the WAL any Documents, Consultants guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
18. Consultants Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultants performance of Services pursuant to this Agreement or the
WAL for a minimum of four years after termination or expiration of this Agreement and the WAL, or
longer if required by law. Such records shall include at minimum a detailed record of daily
performance, staff time records, subconsultants time records, documentation of all costs incurred by
Consultant that were billed to District, and detailed records of all Consultant fees, overhead, and profit
on earned amounts.

ND#4819-2103-6308 Consultant Services Agreement 6
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled
checks, or other documents or records evidencing or relating to work, services, expenditures and
disbursements charged to District pursuant to this Agreement or the WAL for a minimum of four years,
or longer if required by law, all in accordance with generally accepted accounting principles and with
sufficient detail so as to permit an accurate evaluation of the Services provided by Consultant pursuant
to this Agreement or the WAL.
b. Any and all such records or documents shall be made available for inspection, audit and copying, at
any time during regular business hours, upon request by District or its designated representative.
Copies of such documents or records shall be provided directly to District for inspection, audit and
copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such
documents and records shall be made available at Consultants address indicated for receipt of notices
in this Agreement.
c. District has the right to acquire custody of such records by written request if Consultant decides to
dissolve or terminate its business. Consultant shall deliver or cause to be delivered all such records and
documents to District within sixty (60) days of receipt of the request.

19. Independent Contractor. Consultant is retained as an independent contractor and is not employed by
District. No employee or agent of Consultant shall become, or be considered to be, an employee of
District for any purpose. It is agreed that District is interested only in the results obtained from the
Services under this Agreement and the WAL and that Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the Services required under this
Agreement and the WAL. Consultant shall complete this Agreement and the WAL according to its
own methods of work which shall be in the exclusive charge and control of Consultant and which shall
not be subject to control or supervision by District except as to results of the Services. Consultant shall
provide all of its own supplies, equipment, facilities, materials, manpower, and any/all other resources
that may become necessary in the course of completing the Services. It is expressly understood and
agreed that Consultant and its employees shall in no event be entitled to any benefits to which District
employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation,
workers compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultants employees wages, payroll taxes, employee benefits and any
amounts due for federal and state income taxes and Social Security taxes since these taxes will not be
withheld from payments under this Agreement or the WAL.
a. The personnel performing the Services under this Agreement and the WAL on behalf of Consultant
shall at all times be under Consultants exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultants
officers, employees, or agents are in any manner officials, officers, employees or agents of District.
b. Consultant shall have no authority to bind District in any manner, or to incur any obligation, debt
or liability of any kind on behalf of or against District, whether by contract or otherwise, unless such
authority is expressly conferred in writing by District, or under this Agreement.
20. Standard of Performance. Consultant represents and warrants that it has the skill, qualifications,
experience and facilities necessary to properly perform the Services required under this Agreement and
the WAL in a thorough, competent and professional manner. Consultant represents and warrants that
its employees and subcontractors have all legally required licenses, permits, qualifications and
approvals necessary to perform the Services and that all such licenses and approvals shall be
maintained throughout the term of this Agreement and the WAL. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all Services

ND#4819-2103-6308 Consultant Services Agreement 7
described herein and the WAL. In meeting its obligations under this Agreement and the WAL,
Consultant shall employ, at a minimum, the standard of care utilized by persons engaged in providing
services similar to those required of Consultant under this Agreement and the WAL for California
school districts in or around the same geographic area of District (the Standard of Performance).
21. Confidential Information. All information gained during performance of the Services and all
Documents or other work product produced by Consultant in performance of this Agreement and the
WAL shall be considered confidential (confidential information). Consultant shall not release or
disclose any such confidential information, Documents or work product to persons or entities other
than District without prior written authorization from the Superintendent of District and/or Program
Manager, except as may be required by law. Confidential information does not include information
that: (i) Consultant had in its possession prior to considering entering into this Agreement; (ii) becomes
public knowledge through no fault of Consultant; (iii) Consultant lawfully acquires from a third party
not under an obligation of confidentiality to the disclosing party; or (iv) is independently developed by
Consultant without benefit of the information provided by District. In connection with confidential
information:
a. Consultant shall promptly notify District if it is served with any summons, complaint, subpoena or
other discovery request, court order or other request from any party regarding this Agreement or the
WAL or the Services performed hereunder or the WAL.
b. District retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to
provide District with the opportunity to review any response to discovery requests provided by
Consultant; provided that this does not imply or mean the right by District to control, direct, or rewrite
said response.
22. Conflict of Interest; Disclosure of Interest. Consultant covenants that neither it, nor any officer or
principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of District or which would in any way hinder Consultants performance of the
Services under this Agreement or the WAL. Consultant further covenants that in the performance of
this Agreement and the WAL, no person having any such interest shall be employed by it as an officer,
employee, agent or subcontractor without the express written consent of District. Consultant agrees to
at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of
District in the performance of this Agreement and the WAL.
a. Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E, as hereinafter amended or renumbered,
require that a consultant that qualifies as a designated employee must disclose certain financial
interests by filing financial interest disclosures. By its initials below, Consultant (i) represents that it
has received and reviewed a copy of the Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E and
that it [____] does [X] does not qualify as a designated employee; and (ii) agrees to notify District, in
writing, if Consultant believes that it is a designate employee and should be filing financial interest
disclosures, but has not been previously required to do so by District.
______ (Initials)
23. Compliance with Applicable Laws. In connection with the Services and its operations, Consultant
shall keep itself informed of and comply with all applicable federal, state and local laws, statutes,
codes, ordinances, regulations and rules including, but not limited to, minimum wages and/or
prohibitions against discrimination, in effect during the Term. Consultant shall obtain any and all
licenses, permits and authorizations necessary to perform the Services. Neither District, nor any

ND#4819-2103-6308 Consultant Services Agreement 8
elected or appointed boards, officers, officials, employees or agents of District shall be liable, at law or
in equity, as a result of any failure of Consultant to comply with this section.
a. Without limiting the generality of the foregoing, Consultant, unless exempted, shall comply with
the requirements of Education Code Section 45125.1 with respect to fingerprinting of employees who
may have contact with Districts pupils. Consultant must complete Districts certification form,
attached herein as Exhibit E, prior to any of Consultants employees coming into contact with any of
Districts pupils. Consultant also agrees to comply with all other operational requirements of District,
as may be revised from time to time, including but not limited to any obligations relating to vaccination
or testing for infectious diseases.
______ (Initials)
24. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of
the Federal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seq., as amended, and in
connection therewith, shall not employ unauthorized aliens as that term is defined in 8 U.S.C.A.
1324a(h)(3). Should Consultant so employ such individuals for the performance of work and/or
Services covered by this Agreement or the WAL, and should any liability or sanctions be imposed
against District for such employment, Consultant hereby agrees to and shall reimburse District for the
cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys'
fees, incurred by District.
25. Non-Discrimination. Consultant shall abide by the applicable provisions of the United States Civil
Rights Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in
any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex,
sexual orientation, age, physical handicap, medical condition or marital status in connection with or
related to the performance of this Agreement or the WAL.
26. Disabled Veteran Business Enterprise Participation. Pursuant to Education Code section 17076.11,
District has a participation goal for disabled veteran business enterprises (DVBEs) of at least three (3)
percent, per year, of funds expended each year by District on projects that use funds allocated by the
State Allocation Board pursuant to the Leroy F. Greene School Facilities Act. Unless waived in
writing by District, Consultant shall provide proof of DVBE compliance, in accordance with any
applicable policies of District or the State Allocation Board, within thirty (30) days of its execution of
this Agreement
27. Assignment. The expertise and experience of Consultant are material considerations for this
Agreement and the WAL. District has an interest in the qualifications of and capability of the persons
and entities that will fulfill the duties and obligations imposed upon Consultant under this Agreement
and the WAL. In recognition of that interest, Consultant shall not assign or transfer this Agreement or
any portion of this Agreement or any portion of the WAL or the performance of any of Consultants
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by Districts Board of Trustees. Any attempted assignment shall be ineffective,
null and void, and shall constitute a material breach of this Agreement and the WAL entitling District
to any and all remedies at law or in equity, including summary termination of this Agreement and the
WAL.
28. Subcontracting. Notwithstanding the above, Consultant may utilize subcontractors in the performance
of its duties pursuant to this Agreement and the WAL, but only with the prior written consent of
District. Consultant shall be as fully responsible to District for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by Consultants subcontractors, as
if the acts and omissions were performed by Consultant directly.

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29. District Administrator. Lisa Franz shall be in charge of administering this Agreement on behalf of
District, (the Administrator) provided that any written notice or any consent, waiver or approval of
District must be signed by the Superintendent or a designated employee of District to be valid. The
Administrator has completed Exhibit D Conflict of Interest Check attached hereto.
30. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultants staff and subcontractors consistent with the staff proposed as part of the
Statement of Qualifications, if any, assigned to perform Services under this Agreement and the WAL.
a. Consultant shall provide District and the Administrator a list of all personnel and subcontractors
providing Services and shall maintain said list current and up to date at all times during the Term. The
list shall include the following information: (1) all full or part-time staff positions by title, including
volunteer positions whose direct services are required to provide the Services; (2) a brief description of
the functions of each such position and the hours each position works each week or, for part-time
positions, each day or month, as appropriate; (3) the professional degree, if applicable, and experience
required for each position; and (4) the name of the person responsible for fulfilling the terms of this
Agreement and the WAL.
31. Indemnification. To the fullest extent permitted by law, Consultant shall defend and indemnify
District and its officials, elected board members, employees and agents (Indemnified Parties) from
and against all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, its officers, employees, consultants, subcontractors, or agents, pursuant
to this Agreement and/or the WAL, but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of any of the Indemnified Parties.
a. Consultant agrees to obtain executed indemnity agreements with provisions identical to the above
from each and every subcontractor retained or employed by Consultant in the performance of this
Agreement and the WAL. Failure of District to monitor compliance with these requirements imposes
no additional obligations on District and will in no way act as a waiver of any rights hereunder.
Consultants obligation to indemnify and defend District as set forth above is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and the
WAL.
______ (Initials)
32. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit C Insurance and made a part of this
Agreement. All insurance policies shall be subject to approval by District as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the District
Superintendent.
33. Notices. All notices required or permitted to be given under this Agreement or the WAL shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and
return receipt requested, addressed as follows:
To District: Oxnard School District
1051 South A Street
Oxnard, California, 93030
Attention: Lisa Cline
Assistant Superintendent, Business & Fiscal Services
Re: [Insert Project Name]

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With electronic copy to: Caldwell Flores Winters, Inc.
Oxnard School District Program Manager
6425 Christie Ave., Suite 270
Emeryville, California 94608
Attention: Yuri Calderon
T: 510-596-8170
Email: ycalderon@cfwinc.com
To Consultant: Knowland Construction Services, Inc.
2181 East Foothill Blvd., Suite 203,
Pasadena, CA 91107
ATTN: Chris Knowland
T: (626) 786-4331
Email: chrisknowland@msn.com
All notices, demands, or requests to be given under this Agreement or the WAL shall be given in writing
and conclusively shall be deemed received when delivered in any of the following ways: (i) on the date
delivered if delivered personally; (ii) on the date sent if sent by facsimile transmission and confirmation of
transmission is received; (iii) on the date it is accepted or rejected if sent by certified mail; and (iv) the date
it is received if sent by regular United States mail.
34. Excusable Delays. Neither Party will be liable to the other for unanticipated delays or failures in
performance resulting from causes beyond the reasonable control of that Party, including, but not
limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war,
governmental regulations, communications or utility failures, or casualties; provided that the delayed
Party: (i) gives the other Party prompt written notice of such cause; and (ii) uses its reasonable efforts
to correct such failure or delay in its performance. The delayed Party's time for performance or cure
under this section will be extended for a period equal to the duration of the cause or sixty (60) days,
whichever is less.
35. Entire Agreement; Binding Effect. This Agreement including Exhibits hereto, contains the entire
understanding of the Parties, and supersedes all other written or oral agreements. Consultant shall be
entitled to no other benefits other than those specified herein. No changes, amendments or alternations
shall be effective unless in writing and signed by both Parties and approved by Districts Board of
Trustees. Consultant specifically acknowledges that in entering into this Agreement, Consultant relied
solely upon the provisions contained in this Agreement and no others. This Agreement shall be
binding upon the heirs, executors, administrators, successors and assigns of the Parties.
36. Amendment. No changes, amendments to or modifications of this Agreement or the WAL shall be
valid, effective or binding unless made in writing and signed by both Parties and approved by the
Districts Board of Trustees. The Parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
37. Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement or the WAL shall
not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of
the provisions of this Agreement or the WAL shall not constitute a waiver of any other provision or a
waiver of any subsequent breach or violation of any provision of this Agreement or the WAL. None of
the provisions of this Agreement or the WAL shall be considered waived by either Party unless such
waiver is specifically specified in writing. Neither Districts review, approval of, nor payment for, any
of the Services required under this Agreement or the WAL shall be construed to operate as a waiver of

ND#4819-2103-6308 Consultant Services Agreement 11
any rights under this Agreement or the WAL, and Consultant shall remain liable to District in
accordance with this Agreement and the WAL for all damages to District caused by Consultants
failure to perform any of the Services to the Standard of Performance. This provision shall survive the
termination of this Agreement and the WAL.
38. Governing Law. This Agreement and the WAL shall be interpreted, construed and governed
according to the laws of the State of California. With respect to litigation involving this Agreement,
the WAL or the Services, venue in state trial courts shall lie exclusively in the County of Ventura,
California.
39. Severability. If any term, condition or covenant of this Agreement or the WAL is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement and the WAL shall not be affected thereby and the Agreement and WAL
shall be read and construed without the invalid, void or unenforceable provision(s).
40. Authority to Execute. The person or persons executing this Agreement on behalf of Consultant
represents and warrants that he/she/they has/have the authority to so execute this Agreement and to
bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, District and Consultant have executed and delivered this Agreement for
consultant services as of the date first written above.

OXNARD SCHOOL DISTRICT: KNOWLAND CONSTRUCTION SERVICES INC.:



Signature Signature

Lisa A. Franz, Director, Purchasing
Typed Name/Title Typed Name/Title


Date Date

Tax Identification Number: 95-6002318 Tax Identification Number:

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ND#4819-2103-6308 Exhibit A page 1 Consultant Services Agreement

EXHIBIT A
TO AGREEMENT FOR CONSULTANT SERVICES #13-129

WORK AUTHORIZATION PROCEDURES

1. Assignment of Work Authorization
1.1. Request For Proposal (RFP): At the sole discretion of District, one or more prequalified
professional services consultants shall be solicited with a Request For Proposal (RFP) for a
specific lump sum fixed fee proposal for defined Services to be complete within a defined timeline.
For a proposal to be valid it must clearly acknowledge the complete Services requested by District
and must include a lump sum fixed fee amount to complete all defined Services, a clearly defined
schedule for completion of Services which meets the required timeline defined by District and
shows final completion to occur within the Term of this Agreement.

1.2. Evaluation of Proposal: Districts Program Manager, in consultation with District, shall review each
proposal for validity, accuracy, competitiveness, and overall quality of the Services proposed to be
performed. In the case where more than one firm is solicited for a scope of defined Services, the
Program Manager shall evaluate each proposal thoroughly based on predetermined, objective
criteria to ensure a just and fair review of all proposals.

1.3. Selection of Consultant: Following evaluation of proposals, the consultant whose proposal exhibits
the best value for the benefit of District shall be recommended to the Superintendent for approval.

1.4. Work Authorization Letter (WAL): With the approval of the District Superintendent, the Program
Manager shall issue a Work Authorization Letter (WAL) to the selected consultant to perform the
defined Services as indicated in the RFP, for the lump sum fixed fee amount reflected in the
proposal, with all Services to complete within the timeline indicated in the RFP, and the Term set
forth in this Agreement. District retains the right to negotiate all terms of the WAL subsequent to
the receipt of proposal(s) in order to clarify the scope of Services, and/or make any adjustments to
the fee amount and required schedule prior to issuance of the WAL. The WAL shall be considered
a binding agreement, and amendment to this Agreement, once executed by Consultant, approved by
the District Board of Trustees, and executed by the Superintendent.

1.5. Performance of Services Set Forth in the WAL: Performance of Services set forth in the WAL shall
not commence until final approval by the District Superintendent and Board of Trustees, unless
expressly authorized by the District Superintendent and Program Manager. During the course of
completing the Services, Consultant shall comply will all provisions of this Agreement and the
WAL. All Services set forth in the WAL shall be completed within the schedule set forth in the
WAL.

1.6. Close Out of WAL Services: Upon completion of all Services required by the WAL, Consultant
shall submit all required close-out documentation, certifications, records, reports, warranties, and
any other information required or requested by District prior to submitting Consultants invoice for
final payment.

1.7. WAL Form: See next page for sample Work Authorization Letter.
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ND#4819-2103-6308 Exhibit A page 2 Consultant Services Agreement

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ND#4819-2103-6308 Exhibit B page 1 Consultant Services Agreement

EXHIBIT B
TO AGREEMENT FOR CONSULTANT SERVICES #13-129
COMPENSATION & RATE/FEE SCHEDULE

I. The following rates of pay shall apply in the performance of the Services under this Agreement and the
WAL:

PROJECT DSA INSPECTION FEE SCHEDULE



II. Consultant may utilize subcontractors as permitted in the Agreement and the WAL. The hourly rate for
any subcontractor shall be consistent with the rate and fee schedule indicated in Section I above, unless
other direction is provided with written authorization from District Superintendent or his/her designee.

III. Claims for reimbursable expenses shall be documented by appropriate invoices and supporting receipts.
Consultant may be reimbursed for those reasonable out-of-pocket expenses set forth below that are
incurred and paid for by Consultant beyond the typical obligations under this Agreement and the WAL,
but only to the extent that such expenses are directly related to Services satisfactorily completed, are
approved by District in writing and do not cause the amounts paid to Consultant to exceed the amounts
allowed under this Agreement and the WAL. No mark-up of any expense is permitted. The following is
the EXCLUSIVE list of reimbursable expenses:

A. Travel and Mileage. Consultant must request the travel in writing and justify why the travel
should be reimbursed. Travel expenses must be approved in writing by District, in its sole discretion.
Trips from any Consultants office to Districts office or to the subject project site will not be
approved for reimbursement.

B. Reimbursable Reprographic Services. Print sets or copies requested in writing by District beyond
the quantities required under the WAL.

C. Fees for Subcontractors. Fees for subcontractors hired and paid by Consultant at the written
request of District and are permitted in the Agreement and the WAL.

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ND#4819-2103-6308 Exhibit B page 2 Consultant Services Agreement

D. Fees advanced for securing approval of public agencies having jurisdiction over any project
hereunder.

IV. Consultant shall provide to District a complete Schedule of Values (SOV), identifying major work
activities required to complete the authorized scope of work. All invoices must reflect the appropriate
progress percentage for each SOV item billed, to be verified by District. District will compensate
Consultant for the Services performed upon approval by District of a valid and complete invoice, in form
and substance acceptable to District. See Exhibit G for required Invoice Approval Form and Billing
Cover Sheet. The Billing Cover Sheet shall reflect the approved SOV. In connection with Services that
are only partially completed at the time an invoice is paid, notwithstanding any provision of the
Agreement, the WAL, or any other document, payment of the invoice does not constitute acceptance of
the partially completed work or Service. Each invoice is to include:

A. Billing Cover Sheet/SOV with all appropriate progress percentages identified toward completion of the
Services.
B. Acceptable back-up for billings shall include, but not be limited to:
a. Records for all personnel describing the work performed, the number of hours worked, and the
hourly rate, for all time charged to the Services.
b. Records for all supplies, materials and equipment properly charged to the Services.
c. Records for all travel pre-approved by District and properly charged to the Services.
d. Records for all subcontractor labor, supplies, equipment, materials, and travel properly charged
to the Services.

Unless otherwise directed by District, in writing, completed invoices are to be submitted to the attention of the
Director of Purchasing and the Assistant Superintendent, Business and Fiscal Services. To be considered complete,
the invoice packet shall include all back-up documentation required by District and sign-off from District staff,
Program Manager or project manager assigned by District to supervise the Services.

V. The total compensation for the Services shall be provided for in the WAL(s) issued subsequent to this
Agreement.

VI. Compensation Upon Termination. In the event that District suspends or terminates this Agreement, the
WAL or any of the Services pursuant to Section 11 or Section 12a of the Agreement, District will pay
Consultant as provided herein and the WAL for all Services and authorized Additional Work actually
performed, and all authorized reimbursable expenses actually incurred and paid, under and in accordance with
this Agreement and the WAL, up to and including the date of suspension or termination; provided that such
payments shall not exceed the amounts specified in the Agreement and the WAL as compensation for the
Services completed, plus any authorized Additional Work and authorized reimbursable expenses completed
prior to suspension or termination. No payment for demobilization shall be paid unless District at its sole
discretion determines that demobilization or other compensation is appropriate. After a notice of termination is
given, Consultant shall submit to District a final claim for payment, in the form and with certifications
prescribed by District. Such claim shall be submitted promptly, but in no event later than forty (40) calendar
days after the Termination Date specified on the notice of termination. Such payment shall be Consultants
sole and exclusive compensation and District shall have no liability to Consultant for any other compensation
or damages, including without limitation, anticipated profit, prospective losses, legal fees or costs associated
with legal representation or consequential damages, of any kind.
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ND#4819-2103-6308 Exhibit C page 1 Consultant Services Agreement


EXHIBIT C
TO AGREEMENT FOR CONSULTANT SERVICES #13-129


INSURANCE

I. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to District
Superintendent or District Counsel, in full force and effect throughout the Term of this Agreement and the WAL,
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, subcontractors, representatives and/or employees.
Insurance is to be placed with insurers authorized to conduct business in the State of California and with a current
A.M. Best's rating of no less than A, as rated by the current edition of Bests Key Rating Guide, published by A.M.
Best Company, Oldwick, New J ersey 08858. Consultant shall provide the following scope and limits of insurance:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability coverage of not less than two million dollars ($2,000,000)
aggregate and one million dollars ($1,000,000) per occurrence.

(2) Auto liability insurance with limits of not less than one million dollars ($1,000,000).

(3) Insurance coverage should include:

1. owned, non-owned and hired vehicles;
2. blanket contractual;
3. broad form property damage;
4. products/completed operations; and
5. personal injury.

(4) Workers' Compensation insurance as required by the laws of the State of California.

(5) Abuse and Molestation coverage of not less than two million dollars ($2,000,000) per
occurrence and five million dollars ($5,000,000) aggregate.

(6) Professional liability (Errors and Omissions) insurance, including contractual liability, as
appropriate to the Consultants profession, in an amount of not less than the following:

Accountants, Attorneys, Education Consultants, $1,000,000
Nurses, Therapists

Architects $1,000,000 or $2,000,000

Physicians and Medical Corporations $5,000,000

Failure to maintain professional liability insurance is a material breach of this Agreement and the WAL and
grounds for immediate termination

II. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
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ND#4819-2103-6308 Exhibit C page 2 Consultant Services Agreement


A. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the
coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in
coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been
given to District

B. General Liability, Automobile Liability, and Abuse/Molestation Coverages.

(1) District, and its respective elected and appointed officers, officials, employees and
volunteers are to be covered as additional insureds (collectively, additional insureds) as respects the following:
liability arising out of activities and/or Services Consultant performs; products and completed operations of
Consultant; premises owned, occupied or used by Consultant; automobiles owned, leased, hired or borrowed by
Consultant, and Abuse/Molestation. The coverage shall contain no special limitations on the scope of protection
afforded to additional insureds.

(2) Each policy shall state that the coverage provided is primary and any insurance carried by
any additional insured is in excess to and non-contributory with Consultants insurance.

(3) Consultants 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.

(4) Any failure to comply with the reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to any additional insured.

III. Other Requirements. Consultant agrees to deposit with District, at or before the effective date of this
Agreement and the WAL, certificates of insurance necessary to satisfy District that the insurance provisions of this
Agreement have been complied with. District may require that Consultant furnish District with copies of original
endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. District reserves the right to inspect complete,
certified copies of all required insurance policies, at any time.

A. If any Services are performed by a subcontractor, Consultant shall furnish certificates and
endorsements from each subcontractor identical to those Consultant provides.

B. Any deductibles or self-insured retentions must be declared to and approved by District. At the
option of District, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
District or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses
and claims.

C. The procuring of any required policy or policies of insurance shall not be construed to limit
Consultants liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.


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ND#4819-2103-6308 Exhibit D page 1 Consultant Services Agreement

EXHIBIT D
TO AGREEMENT FOR CONSULTANT SERVICES #13-129
CONFLICT OF INTEREST CHECK

Bylaws of the Board 2030(C)E requires that the Superintendent or a designee make a determination, on a case by
case basis, concerning whether disclosure will be required from a consultant to comply with Districts Conflict of
Interest Code (commencing with Bylaws of the Board 2030 BB).

Consultants are required to file disclosures when, pursuant to a contract with District, Consultant will make certain
specified government decisions or will perform the same or substantially the same duties for District as a staff
person would.


The services to be performed by Consultant under the Agreement to which this Exhibit D is attached [] constitute
[X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code.
Therefore, Consultant, [] is [X] is not subject to disclosure obligations.


Date:

By:
Lisa A. Franz
Director, Purchasing


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ND#4819-2103-6308 Exhibit E page 1 Consultant Services Agreement

EXHIBIT E
TO AGREEMENT FOR CONSULTANT SERVICES #13-129

BACKGROUND CHECK AND FINGERPRINTING PROCEDURES
FOR CONTRACTORS

The successful Bidder will be required to assure that its employees, subcontractors of any tier, material
suppliers, and consultants do not have direct contact with the Districts students during the performance
of the Contract in compliance with Education Code 45125.1 and 45125.2. To assure these provisions,
the successful Bidders supervisor shall be fingerprinted, and proof of same shall be provided to the
District prior to start of on-site work. The supervisor will monitor the workers conduct while on school
grounds. In addition, the successful Bidder shall barricade the Work area to separate its workers from the
students. Costs associated with this process are the responsibility of the successful Bidder.

The Contractors construction supervisors or their unsupervised employees who will be working outside
of fenced areas during the school hours must have submitted a fingerprint identification card to the
Department of J ustice (DOJ ) and have a proof of clearance in the form of an affidavit filed in the Oxnard
School Districts Purchasing Office prior to the start of the Work.

California Education Code 45125.1 and 45125.2 require that criminal checks be completed for
contractors (Contracting Firm) who provide architectural, construction, janitorial, administrative,
landscape, transportation, food-related, or other similar services to school districts.

The undersigned does hereby certify to the Board of Trustees of the Oxnard School District as follows:

That I am a representative of the Contractor currently under contract (Contract) with the District; that I
am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on
behalf of Contractor.

Contractor certifies that it has taken the following actions with respect to the construction Project that is
the subject of the Contract:

1. Pursuant to Education Code 45125.2, Contractor has installed or will install, prior to
commencement of Work, a physical barrier at the Work Site, which will limit contact between
Contractors employees and District pupils at all times (mandatory for all Projects); AND

2. The Contractor has complied with the fingerprinting requirements of Education Code 45125.1
with respect to all Contractors employees and all of its subcontractors employees who may have contact
with District pupils in the course of providing services pursuant to the Contract, and the California
Department of J ustice has determined that none of those employees has been convicted of a felony, as that
term is defined in Education Code 45122.1. A complete and accurate list of Contractors employees and
of all its subcontractors employees who may come in contact with District pupils during the course and
scope of the Contract is attached hereto; AND/OR

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ND#4819-2103-6308 Exhibit E page 2 Consultant Services Agreement

3. Pursuant to Education Code 45125.2, Contractor certifies that all employees will be under the
continual supervision of, and monitored by, an employee of the Contractor who the California Department
of J ustice has ascertained has not been convicted of a violent or serious felony. The name and title of
each employee who will be supervising Contractors employees and its subcontractors employees is:

Name: _____________________________________

Title: ______________________________________

AND/OR

4. The Work on the Contract is at an unoccupied school site and no employee and/or subcontractor or
supplier of any tier of Contract shall come in contract with District pupils.

Contractors responsibility for background clearance extends to all of its employees, Subcontractors, and
employees of Subcontractors coming into contact with District pupils regardless of whether they are
designated as employees or acting as independent contractors of the Contractor.

Date: _________

Proper Name of Contractor: ______________________________________

Signature: _________________________

By: ______________________________________

Its: ______________________________________
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ND#4819-2103-6308 Exhibit F page 1 Consultant Services Agreement
EXHIBIT F
TO AGREEMENT FOR CONSULTANT SERVICES #13-129

SCOPE OF SERVICES PROJECT DSA INSPECTION (IOR)

The Project Inspectors Scope of Work includes, but is not limited to, the following:

Consultant shall ensure that the work performed in the field is in accordance with DSA approved design
documents. The project inspector will be required to monitor all construction activities, review RFIs,
change orders, and submittals, and to confirm that construction activities were performed satisfactorily in
accordance with approved design.

1. Certifications:
a. Possession and maintenance in good standing of all classes of licensed DSA Project Inspectors
Certificate issued by the Division of the State Architect.

2. Pre-Construction services required:
a. Familiarity with the project scope and approved drawings and specifications.
b. Preparation of all required forms for DSA, the Architect and the District.
c. Participation at all preconstruction meetings.
3. Construction Phase Services Required:
a. Performance of project inspection in accordance with Sections 4-211, 4-333 and 4-341, Title 24
Part 1, 2010 California Building Standards Administrative Code, Division of State Architect
requirements, and all other laws, codes, and regulations governing educational facilities
construction inspection.
b. Daily site inspections with reports to inform Contractor, Architect, District and DSA of non-
conforming work and corrective steps required.
c. Monitoring of daily construction progress relating to the construction schedule, T & M work
required, weather delays and like activities.
d. Verification that all required materials sampling and special inspections are coordinated with
construction activities, performed in accordance with project requirements and properly
documented.
e. Tracking of Record Drawing updates by the Contractor.
f. Prompt filing of all periodic reports required during the construction process.
g. Attendance at periodic job meetings and visits by DSA and District personnel.
h. Review of Requests for Information generated by the Contractor.
i. Observe and document discovered conditions and inform Contractor, Architect and District of
such conditions.
j. Review of periodic pay requests generated by the Contractor.
k. Review of proposed change orders to verify that such work falls outside of the project scope.
4. Post-Construction Services Required:
a. Compilation of operations and maintenance manuals, warranties/guarantees, and certificates.
b. Compilation and completion of all documentation to assure DSA close-out with certification.
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ND#4819-2103-6308 Exhibit F page 2 Consultant Services Agreement


5. Reports
As part of the Services, Consultant will prepare and deliver the following tangible work products to
District:
a. All DSA required inspections, reporting, processes and procedures required by the DSA Testing &
Inspection Listing, and/or required by the Architect of Record.

6. Time
All DSA required reporting shall be delivered to the District concurrent with the submittal to DSA, and
pursuant to DSA required timelines. The final inspection report (DSA Form 6) shall be completed and
electronic filed within 30 calendar days of the notice of completion.

7. Accuracy Standards
Precision of the inspection reports and other documentation shall be in accordance with the professional
standard of care to be expected of professional DSA inspectors licensed to practice in the State of
California.


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ND#4819-2103-6308 Exhibit G page 1 Consultant Services Agreement


EXHIBIT G
TO AGREEMENT FOR CONSULTANT SERVICES #13-129

INVOICE APPROVAL LETTER & BILLING COVER SHEET

DATE:
Project No.___: [INSERT PROJECT NAME]
Consultant: Knowland Construction Services (KCS)

KCS has submitted Invoice No. _________ for review by the Districts Program Manager, Caldwell
Flores Winters, Inc. (CFW), and Assistant Superintendent of Business Services, Lisa Cline.

By signing below, a representative of KCS, hereby certifies that the invoice submitted is a true and
accurate reflection of the work performed to date, is an accurate representation of the percent work
completed for the phase identified in the invoice, and that the invoice submitted does not include any
charges for services that have been previously paid, or rejected by the District and/or CFW.



Knowland Construction Services Date


The invoice has been reviewed by the following and is recommended for payment:



Caldwell Flores Winters, Inc. Date




Oxnard School District Date
Lisa Cline, Assistant Superintendent,
Business and Fiscal Services
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ND#4819-2103-6308 Exhibit G page 2 Consultant Services Agreement


















































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ND#4819-2103-6308 Exhibit G page 3 Consultant Services Agreement



Agreement #13-130
OXNARD SCHOOL DISTRICT
AGREEMENT FOR CONSULTANT SERVICES
(MASTER AGREEMENT PROJECT DSA INSPECTION [IOR])

This Agreement for Consultant Services (Agreement) is entered into as of this 13
th
day of November,
2013 by and between the Oxnard School District (District), with offices located at 1051 South A Street, Oxnard,
CA 93030, and NOLTE - Vertical Five (Consultant) with a business address at 1868 Palma Avenue, Suite D,
Ventura, CA 93003. District and Consultant are sometimes hereinafter individually referred to as Party and
hereinafter collectively referred to as the Parties.
RECITALS
A. District is authorized by California Government Code Section 53060, and Board Policy 4368, to
contract with independent contractors for the furnishing of services concerning financial, economic, accounting,
engineering, legal, administrative and other matters. District has sought, by issuance of a Request for
Qualifications, the performance of certain services, with the precise scope of work to be specified at the time of
assignment of work.
B. Following submission of a Statement of Qualifications for the performance of services, Consultant
was prequalified by District to perform services on behalf of District that may be assigned, or not assigned, at the
Districts sole discretion.
C. The Parties desire to formalize the prequalification of Consultant for performance of services and
desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and
contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties
agree as follows:
1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all exhibits attached to this
Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein.
2. Master Agreement. This Agreement sets forth the basic terms and conditions between District and
Consultant. It may be supplemented from time to time with an individual Work Authorization Letter
(WAL) which shall be considered an amendment to this Agreement, and which shall be subject to all
the terms and conditions of this Agreement, and any further terms and conditions as set forth in the
WAL.
3. Scope of Services. The scope of Services to be assigned to Consultant pursuant to a WAL is further
defined in Exhibit F Scope of Services, wherein the general responsibilities of Consultant are
described pursuant to the discipline(s) for which the Consultant has been deemed prequalified by
District as described in this Agreement.
4. Agreement, Scope of Work, and Assignment of Projects. District may, from time to time, and at the
sole discretion of District, assign to Consultant specific services to be performed by Consultant (the
Services) pursuant to a WAL. The WAL assignment procedure and associated forms are set forth in
Exhibit A, which is attached hereto. This Agreement, together with the WAL, sets forth the terms and
conditions pursuant to which Consultant will perform such Services on behalf of District. The WAL
ND#4819-2103-6308 Consultant Services Agreement 2
shall particularize and describe, among other things, such project(s) for which Consultant is to perform
Services, such Services to be performed by Consultant at such project(s), the timeline for the
performance of such Services, and the compensation to be paid to Consultant for the performance of
such Services.
Term of Agreement. Subject to earlier termination as provided below, this Agreement shall remain in
effect from November 13, 2013 through November 12, 2018 (the Term). This Agreement may be
extended only by amendment, signed by the Parties, prior to the expiration of the Term. Such
agreement for extension shall be based upon the showing of good and sufficient cause by Consultant
that such extension(s) shall be granted. District shall not be obligated to compensate Consultant for
any additional costs if such an extension has been granted to this Agreement. Any provision for
additional compensation shall be accommodated via the WAL process as indicated in Exhibit A.
5. Time for Performance. The scope of the Services set forth in the WAL shall be completed during the
Term pursuant to the schedule specified in the WAL. If Services indicated in the WAL cannot be
completed within the schedule set forth in the WAL, or if the schedule exceeds the Term of this
Agreement, it is the responsibility of Consultant to notify District at least ninety (90) days prior to the
expiration of either, with a request for a time extension clearly identifying the cause(s) for the failure to
complete the Services within the schedule and/or the Term. Should Consultant fail to provide such
notice, and/or the Services not be completed pursuant to that schedule or within the Term, Consultant
shall be deemed to be in Default as provided below. District, in its sole discretion, may choose not to
enforce the Default provisions of this Agreement and may instead allow Consultant to continue
performing the Services.
6. Additional Services. Additional Services are services in addition to the Services set forth in the WAL
that are provided by Consultant pursuant to a written request by District. Additional Services will
require a written request or pre-authorization in writing by District following specific approval of such
services by the District Board of Trustees. It is understood and agreed that Consultant shall not
perform any Additional Services unless and until Consultant receives specific written approval for such
Additional Services from the District Board of Trustees. Any modification of the compensation to be
paid to Consultant as a result of Additional Services must be specifically approved in writing by the
District Board of Trustees. In the event that the District Board of Trustees approves in writing a
modification of the compensation, then Consultant shall be paid for such Additional Services pursuant
to Section 8, below. However, it is understood and agreed that if the cause of the Additional Services
is the sole or partial responsibility of Consultant, its agents, or any subconsultants or other parties under
the charge of Consultant, no additional compensation shall be paid to Consultant. If such conditions
exist so as to justify Additional Services as indicated above, which require additional compensation or
time in order to be performed, it is the sole responsibility of Consultant to submit a request for
Additional Services within ten (10) days of Consultants discovery of such conditions which require
Additional Services. It is understood and agreed that if Consultant performs any services that it claims
are Additional Services without receiving prior written approval from the District Board of Trustees,
Consultant shall not be paid for such claimed Additional Services.
7. Compensation and Method of Payment. This Agreement does not guarantee that District will issue a
WAL to Consultant nor does this Agreement guarantee any compensation to Consultant. This
Agreement does not create any obligation on the part of District to compensate Consultant absent a
WAL indicating compensation due to Consultant once Services are performed. Specific compensation
and payment amounts, including approved reimbursable expenses, shall be set forth in the WAL.
However, it is understood and agreed that the compensation to be paid to Consultant shall not be in
excess of or exceed the rates set forth in Exhibit B Compensation.
ND#4819-2103-6308 Consultant Services Agreement 3
a. Each month Consultant shall furnish to District an original invoice for all work performed and
expenses incurred during the preceding month for Services performed pursuant to a WAL. The invoice
shall clearly indicate the assigned project, the approved WAL, and shall detail charges by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts.
Sub-consultant charges, if any, shall be detailed by the following categories: labor, travel, materials,
equipment and supplies. District shall independently review each invoice submitted by Consultant to
determine whether the work performed and expenses incurred are in compliance with the provisions of
this Agreement and the WAL. In the event that no charges or expenses are disputed, the invoice shall
be approved and paid according to the terms set forth in subsection b. In the event any charges or
expenses are disputed by District, the original invoice shall be returned by District to Consultant for
correction and resubmission.
b. Except as to any charges for work performed or expenses incurred by Consultant which are
disputed by District, District will use its best efforts to cause Consultant to be paid within forty-five
(45) days of receipt of Consultants correct and undisputed invoice.
c. Payment to Consultant for work performed pursuant to this Agreement and a WAL shall not be
deemed to waive any defects in work performed by Consultant.
8. Responsibilities of Consultant:
a. Consultant shall perform all Services as indicated in this Agreement and the WAL to the
satisfaction of District.
b. The specific Services of Consultant to be performed shall be indicated in the WAL.
c. Consultant hereby represents and warrants that (a) it is an experienced consultant in the
discipline(s) identified in Exhibit F, having the skill and the legal and professional ability and the
flexibility necessary to perform all of the Services required under this Agreement; (b) it has the
capabilities and resources necessary to perform its obligations hereunder; (c) it is familiar with all
current laws, rules, regulations and other restrictions which are and may become applicable to the
scope of Services under this Agreement, including but not limited to all local ordinances, building
codes, and requirements of all Authorities Having J urisdiction (AHJ ) including but not limited to the
Division of State Architect (DSA), the Office of Public School Construction (OPSC), the State
Facilities Planning Division (SFPD), California Department of Education (CDE), the California
Department of General Services (DGS), the Department of Toxic Substances Control (DTSC), the
California Environmental Quality Act (CEQA), Title 24 of the California Code of Regulations, the
California Education Code, State and Local Fire Authorities, air quality districts, water quality and
control boards, and any/all other AHJ ; (d) that it will assume full responsibility for all Services
performed and all work prepared and furnished to District by its employees, agents, and subconsultants;
(e) that it has sufficient financial strength and resources to undertake and complete the Services
provided for under this Agreement within the schedule set forth in the WAL; and (f) that it certifies and
covenants that all reports, certifications, studies, analyses, and other documents prepared by Consultant
shall be prepared in accordance with all applicable laws, rules, regulations, and other requirements in
effect at the time of their preparation, or required at their time of submittal to District and or agencies.
d. Consultant shall follow accepted industry standards and practices and comply with all federal,
state, and local laws and ordinances applicable to the Services required by this Agreement and the
WAL.
9. Responsibilities of District.
ND#4819-2103-6308 Consultant Services Agreement 4
a. District will prepare and furnish to Consultant upon Consultants request, such information as is
reasonably necessary to the performance of the Services required under this Agreement and the WAL.
Consultant understands that all information provided to Consultant remains the property of District and
shall only be removed from Districts possession/premises and/or be photocopied, reproduced,
distributed, or otherwise made available to others if such activities are expressly approved in writing by
District and/or the Program Manager. Failure to comply with the above requirements shall be
reasonable cause for termination of this Agreement, and may subject Consultant to liability for
damages to District.
b. If needed by Consultant, District shall provide information as to the requirements and educational
program for each project assigned by a WAL, including approved budget and schedule limitations.
c. District shall facilitate and coordinate cooperation amongst and between District consultants,
including but not limited to architects, construction managers, surveyors, geotechnical engineers,
inspectors, testing laboratories, hazardous materials specialists, CEQA/DTSC compliance specialists,
technology experts, and any other professional consultants District deems necessary to execute the
Facilities Implementation Program. Such coordination shall include the distribution of documentation
prepared by individual consultants which may be of service to Consultant in the course of completing
the Services.
d. District shall facilitate and coordinate cooperation amongst and between District staff and
Consultant, as required to complete the Services.
e. District shall provide for the timely approval and execution of the WALs, Additional Services
requests, invoices, and any other documentation that requires District action in order for Consultant to
complete the Services.
10. Suspension. District may, for any reason or no reason, in Districts sole discretion, suspend all or a
portion of this Agreement, the WAL, or the Services by giving ten (10) calendar days written notice of
suspension to Consultant. In the event such notice is given, Consultant shall cease immediately all
work in progress. If District suspends the Services for a period of ninety (90) consecutive calendar
days or more and, in addition, if such suspension is not caused by Consultant or the acts or omissions
of Consultant, then if the Services are resumed, Consultants compensation shall be subject to
adjustment to provide for actual direct costs and expenses incurred by Consultant as a direct result of
the suspension and resumption by District of the Services.
11. Termination. This Agreement, the WAL, or the Services may be terminated at any time by mutual
agreement of the Parties or by either Party as follows:
a. District may terminate all or a portion of this Agreement, the WAL, or the Services without cause
at any time by giving ten (10) calendar days written notice of termination to Consultant. In the event
such notice is given, Consultant shall cease immediately all work in progress; or
b. District may terminate all or a portion of this Agreement, the WAL, or the Services for cause in the
event of a Default by giving written notice pursuant to Section 15, below; or
c. Consultant may terminate this Agreement or the WAL at any time upon thirty (30) calendar days
written notice if District fails to make any undisputed payment to Consultant when due and such failure
remains uncured for forty-five (45) calendar days after written notice to District.
ND#4819-2103-6308 Consultant Services Agreement 5
12. Similar or Identical Services. In the event that this Agreement, the WAL, or any of the Services are
terminated in whole or in part as provided herein, District may procure, upon such terms and in such
manner as District may determine appropriate, services similar or identical to those terminated to
complete any unfinished Services or new services as needed by District.
13. Inspection and Final Acceptance. District acceptance of any of work or Services, whether specifically
in writing or by virtue of payment, shall not constitute a waiver of any of the provisions of this
Agreement or the WAL including, but not limited to, indemnification and insurance provisions.
14. Default. Failure of Consultant to perform any Services or comply with any provisions of this
Agreement or the WAL constitutes a Default. District may terminate all or any portion of this
Agreement, the WAL, or the Services for cause in the event of a Default. The termination shall be
effective if Consultant fails to cure such Default within thirty (30) calendar days following issuance of
written notice thereof by District, or if the cure by its nature takes longer, fails to commence such cure
within thirty (30) calendar days from the date of issuance of the notice and diligently prosecutes such
cure to the satisfaction of District. If Consultant has not cured the Default, District may hold all
invoices and may choose to proceed with payment on said invoices only after the Default is cured to
Districts satisfaction. In the alternative, District may, in its sole discretion, during the period before
Consultant has cured the Default, elect to pay any portion of outstanding invoices that corresponds to
Services satisfactorily rendered. Any failure on the part of District to give notice of Consultants
default shall not be deemed to result in a waiver of Districts legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to Districts termination rights set forth above, District shall have (i) the right to cure
Consultants Default at Consultants cost, in which case all amounts expended by District in connection
with such cure shall accrue interest from the date incurred until repaid to District by Consultant at the
rate of ten percent (10%) per annum; and (ii) all other rights and remedies available to District at law
and in equity, including, without limitation, an action for damages. District shall have the right to
retain unpaid earned balances to offset damages, and/or charge Consultant for all damages above and
beyond unpaid balance of WAL.
15. Ownership of Documents. All maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any Services pursuant to this Agreement or the WAL
(collectively and individually, the Documents) shall become the sole property of District and may be
used, reused or otherwise disposed of by District without the permission of Consultant. Upon
completion, expiration or termination of this Agreement or the WAL, Consultant shall turn over to
District all such Documents.
16. Use of Documents by District. If and to the extent that District utilizes for any purpose not related to
this Agreement or the WAL any Documents, Consultants guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
17. Consultants Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultants performance of Services pursuant to this Agreement or the
WAL for a minimum of four years after termination or expiration of this Agreement and the WAL, or
longer if required by law. Such records shall include at minimum a detailed record of daily
performance, staff time records, subconsultants time records, documentation of all costs incurred by
Consultant that were billed to District, and detailed records of all Consultant fees, overhead, and profit
on earned amounts.
ND#4819-2103-6308 Consultant Services Agreement 6
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled
checks, or other documents or records evidencing or relating to work, services, expenditures and
disbursements charged to District pursuant to this Agreement or the WAL for a minimum of four years,
or longer if required by law, all in accordance with generally accepted accounting principles and with
sufficient detail so as to permit an accurate evaluation of the Services provided by Consultant pursuant
to this Agreement or the WAL.
b. Any and all such records or documents shall be made available for inspection, audit and copying, at
any time during regular business hours, upon request by District or its designated representative.
Copies of such documents or records shall be provided directly to District for inspection, audit and
copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such
documents and records shall be made available at Consultants address indicated for receipt of notices
in this Agreement.
c. District has the right to acquire custody of such records by written request if Consultant decides to
dissolve or terminate its business. Consultant shall deliver or cause to be delivered all such records and
documents to District within sixty (60) days of receipt of the request.

18. Independent Contractor. Consultant is retained as an independent contractor and is not employed by
District. No employee or agent of Consultant shall become, or be considered to be, an employee of
District for any purpose. It is agreed that District is interested only in the results obtained from the
Services under this Agreement and the WAL and that Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the Services required under this
Agreement and the WAL. Consultant shall complete this Agreement and the WAL according to its
own methods of work which shall be in the exclusive charge and control of Consultant and which shall
not be subject to control or supervision by District except as to results of the Services. Consultant shall
provide all of its own supplies, equipment, facilities, materials, manpower, and any/all other resources
that may become necessary in the course of completing the Services. It is expressly understood and
agreed that Consultant and its employees shall in no event be entitled to any benefits to which District
employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation,
workers compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultants employees wages, payroll taxes, employee benefits and any
amounts due for federal and state income taxes and Social Security taxes since these taxes will not be
withheld from payments under this Agreement or the WAL.
a. The personnel performing the Services under this Agreement and the WAL on behalf of Consultant
shall at all times be under Consultants exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultants
officers, employees, or agents are in any manner officials, officers, employees or agents of District.
b. Consultant shall have no authority to bind District in any manner, or to incur any obligation, debt
or liability of any kind on behalf of or against District, whether by contract or otherwise, unless such
authority is expressly conferred in writing by District, or under this Agreement.
19. Standard of Performance. Consultant represents and warrants that it has the skill, qualifications,
experience and facilities necessary to properly perform the Services required under this Agreement and
the WAL in a thorough, competent and professional manner. Consultant represents and warrants that
its employees and subcontractors have all legally required licenses, permits, qualifications and
approvals necessary to perform the Services and that all such licenses and approvals shall be
maintained throughout the term of this Agreement and the WAL. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all Services
ND#4819-2103-6308 Consultant Services Agreement 7
described herein and the WAL. In meeting its obligations under this Agreement and the WAL,
Consultant shall employ, at a minimum, the standard of care utilized by persons engaged in providing
services similar to those required of Consultant under this Agreement and the WAL for California
school districts in or around the same geographic area of District (the Standard of Performance).
20. Confidential Information. All information gained during performance of the Services and all
Documents or other work product produced by Consultant in performance of this Agreement and the
WAL shall be considered confidential (confidential information). Consultant shall not release or
disclose any such confidential information, Documents or work product to persons or entities other
than District without prior written authorization from the Superintendent of District and/or Program
Manager, except as may be required by law. Confidential information does not include information
that: (i) Consultant had in its possession prior to considering entering into this Agreement; (ii) becomes
public knowledge through no fault of Consultant; (iii) Consultant lawfully acquires from a third party
not under an obligation of confidentiality to the disclosing party; or (iv) is independently developed by
Consultant without benefit of the information provided by District. In connection with confidential
information:
a. Consultant shall promptly notify District if it is served with any summons, complaint, subpoena or
other discovery request, court order or other request from any party regarding this Agreement or the
WAL or the Services performed hereunder or the WAL.
b. District retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to
provide District with the opportunity to review any response to discovery requests provided by
Consultant; provided that this does not imply or mean the right by District to control, direct, or rewrite
said response.
21. Conflict of Interest; Disclosure of Interest. Consultant covenants that neither it, nor any officer or
principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of District or which would in any way hinder Consultants performance of the
Services under this Agreement or the WAL. Consultant further covenants that in the performance of
this Agreement and the WAL, no person having any such interest shall be employed by it as an officer,
employee, agent or subcontractor without the express written consent of District. Consultant agrees to
at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of
District in the performance of this Agreement and the WAL.
a. Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E, as hereinafter amended or renumbered,
require that a consultant that qualifies as a designated employee must disclose certain financial
interests by filing financial interest disclosures. By its initials below, Consultant (i) represents that it
has received and reviewed a copy of the Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E and
that it [____] does [X] does not qualify as a designated employee; and (ii) agrees to notify District, in
writing, if Consultant believes that it is a designate employee and should be filing financial interest
disclosures, but has not been previously required to do so by District.
______ (Initials)
22. Compliance with Applicable Laws. In connection with the Services and its operations, Consultant
shall keep itself informed of and comply with all applicable federal, state and local laws, statutes,
codes, ordinances, regulations and rules including, but not limited to, minimum wages and/or
prohibitions against discrimination, in effect during the Term. Consultant shall obtain any and all
licenses, permits and authorizations necessary to perform the Services. Neither District, nor any
ND#4819-2103-6308 Consultant Services Agreement 8
elected or appointed boards, officers, officials, employees or agents of District shall be liable, at law or
in equity, as a result of any failure of Consultant to comply with this section.
a. Without limiting the generality of the foregoing, Consultant, unless exempted, shall comply with
the requirements of Education Code Section 45125.1 with respect to fingerprinting of employees who
may have contact with Districts pupils. Consultant must complete Districts certification form,
attached herein as Exhibit E, prior to any of Consultants employees coming into contact with any of
Districts pupils. Consultant also agrees to comply with all other operational requirements of District,
as may be revised from time to time, including but not limited to any obligations relating to vaccination
or testing for infectious diseases.
______ (Initials)
23. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of
the Federal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seq., as amended, and in
connection therewith, shall not employ unauthorized aliens as that term is defined in 8 U.S.C.A.
1324a(h)(3). Should Consultant so employ such individuals for the performance of work and/or
Services covered by this Agreement or the WAL, and should any liability or sanctions be imposed
against District for such employment, Consultant hereby agrees to and shall reimburse District for the
cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys'
fees, incurred by District.
24. Non-Discrimination. Consultant shall abide by the applicable provisions of the United States Civil
Rights Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in
any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex,
sexual orientation, age, physical handicap, medical condition or marital status in connection with or
related to the performance of this Agreement or the WAL.
25. Disabled Veteran Business Enterprise Participation. Pursuant to Education Code section 17076.11,
District has a participation goal for disabled veteran business enterprises (DVBEs) of at least three (3)
percent, per year, of funds expended each year by District on projects that use funds allocated by the
State Allocation Board pursuant to the Leroy F. Greene School Facilities Act. Unless waived in
writing by District, Consultant shall provide proof of DVBE compliance, in accordance with any
applicable policies of District or the State Allocation Board, within thirty (30) days of its execution of
this Agreement
26. Assignment. The expertise and experience of Consultant are material considerations for this
Agreement and the WAL. District has an interest in the qualifications of and capability of the persons
and entities that will fulfill the duties and obligations imposed upon Consultant under this Agreement
and the WAL. In recognition of that interest, Consultant shall not assign or transfer this Agreement or
any portion of this Agreement or any portion of the WAL or the performance of any of Consultants
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by Districts Board of Trustees. Any attempted assignment shall be ineffective,
null and void, and shall constitute a material breach of this Agreement and the WAL entitling District
to any and all remedies at law or in equity, including summary termination of this Agreement and the
WAL.
27. Subcontracting. Notwithstanding the above, Consultant may utilize subcontractors in the performance
of its duties pursuant to this Agreement and the WAL, but only with the prior written consent of
District. Consultant shall be as fully responsible to District for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by Consultants subcontractors, as
if the acts and omissions were performed by Consultant directly.
ND#4819-2103-6308 Consultant Services Agreement 9
28. District Administrator. Lisa Franz shall be in charge of administering this Agreement on behalf of
District, (the Administrator) provided that any written notice or any consent, waiver or approval of
District must be signed by the Superintendent or a designated employee of District to be valid. The
Administrator has completed Exhibit D Conflict of Interest Check attached hereto.
29. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultants staff and subcontractors consistent with the staff proposed as part of the
Statement of Qualifications, if any, assigned to perform Services under this Agreement and the WAL.
a. Consultant shall provide District and the Administrator a list of all personnel and subcontractors
providing Services and shall maintain said list current and up to date at all times during the Term. The
list shall include the following information: (1) all full or part-time staff positions by title, including
volunteer positions whose direct services are required to provide the Services; (2) a brief description of
the functions of each such position and the hours each position works each week or, for part-time
positions, each day or month, as appropriate; (3) the professional degree, if applicable, and experience
required for each position; and (4) the name of the person responsible for fulfilling the terms of this
Agreement and the WAL.
30. Indemnification. To the fullest extent permitted by law, Consultant shall defend and indemnify
District and its officials, elected board members, employees and agents (Indemnified Parties) from
and against all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, its officers, employees, consultants, subcontractors, or agents, pursuant
to this Agreement and/or the WAL, but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of any of the Indemnified Parties.
a. Consultant agrees to obtain executed indemnity agreements with provisions identical to the above
from each and every subcontractor retained or employed by Consultant in the performance of this
Agreement and the WAL. Failure of District to monitor compliance with these requirements imposes
no additional obligations on District and will in no way act as a waiver of any rights hereunder.
Consultants obligation to indemnify and defend District as set forth above is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and the
WAL.
______ (Initials)
31. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit C Insurance and made a part of this
Agreement. All insurance policies shall be subject to approval by District as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the District
Superintendent.
32. Notices. All notices required or permitted to be given under this Agreement or the WAL shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and
return receipt requested, addressed as follows:
To District: Oxnard School District
1051 South A Street
Oxnard, California, 93030
Attention: Lisa Cline
Assistant Superintendent, Business & Fiscal Services
Re: [Insert Project Name]
ND#4819-2103-6308 Consultant Services Agreement 10
With electronic copy to: Caldwell Flores Winters, Inc.
Oxnard School District Program Manager
6425 Christie Ave., Suite 270
Emeryville, California 94608
Attention: Yuri Calderon
T: 510-596-8170
Email: ycalderon@cfwinc.com
To Consultant: NOLTE Vertical Five (NV5)
1868 Palma Drive, Suite A
Ventura, CA 93003
Attention: Scott Moors
T: (805) 656-6074
Email: scott.moors@nv5.com
All notices, demands, or requests to be given under this Agreement or the WAL shall be given in writing
and conclusively shall be deemed received when delivered in any of the following ways: (i) on the date
delivered if delivered personally; (ii) on the date sent if sent by facsimile transmission and confirmation of
transmission is received; (iii) on the date it is accepted or rejected if sent by certified mail; and (iv) the date
it is received if sent by regular United States mail.
33. Excusable Delays. Neither Party will be liable to the other for unanticipated delays or failures in
performance resulting from causes beyond the reasonable control of that Party, including, but not
limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war,
governmental regulations, communications or utility failures, or casualties; provided that the delayed
Party: (i) gives the other Party prompt written notice of such cause; and (ii) uses its reasonable efforts
to correct such failure or delay in its performance. The delayed Party's time for performance or cure
under this section will be extended for a period equal to the duration of the cause or sixty (60) days,
whichever is less.
34. Entire Agreement; Binding Effect. This Agreement including Exhibits hereto, contains the entire
understanding of the Parties, and supersedes all other written or oral agreements. Consultant shall be
entitled to no other benefits other than those specified herein. No changes, amendments or alternations
shall be effective unless in writing and signed by both Parties and approved by Districts Board of
Trustees. Consultant specifically acknowledges that in entering into this Agreement, Consultant relied
solely upon the provisions contained in this Agreement and no others. This Agreement shall be
binding upon the heirs, executors, administrators, successors and assigns of the Parties.
35. Amendment. No changes, amendments to or modifications of this Agreement or the WAL shall be
valid, effective or binding unless made in writing and signed by both Parties and approved by the
Districts Board of Trustees. The Parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
36. Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement or the WAL shall
not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of
the provisions of this Agreement or the WAL shall not constitute a waiver of any other provision or a
waiver of any subsequent breach or violation of any provision of this Agreement or the WAL. None of
the provisions of this Agreement or the WAL shall be considered waived by either Party unless such
waiver is specifically specified in writing. Neither Districts review, approval of, nor payment for, any
of the Services required under this Agreement or the WAL shall be construed to operate as a waiver of
ND#4819-2103-6308 Consultant Services Agreement 11
any rights under this Agreement or the WAL, and Consultant shall remain liable to District in
accordance with this Agreement and the WAL for all damages to District caused by Consultants
failure to perform any of the Services to the Standard of Performance. This provision shall survive the
termination of this Agreement and the WAL.
37. Governing Law. This Agreement and the WAL shall be interpreted, construed and governed
according to the laws of the State of California. With respect to litigation involving this Agreement,
the WAL or the Services, venue in state trial courts shall lie exclusively in the County of Ventura,
California.
38. Severability. If any term, condition or covenant of this Agreement or the WAL is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement and the WAL shall not be affected thereby and the Agreement and WAL
shall be read and construed without the invalid, void or unenforceable provision(s).
39. Authority to Execute. The person or persons executing this Agreement on behalf of Consultant
represents and warrants that he/she/they has/have the authority to so execute this Agreement and to
bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, District and Consultant have executed and delivered this Agreement for
consultant services as of the date first written above.

OXNARD SCHOOL DISTRICT: NOLTE-VERTICAL FIVE:



Signature Signature

Lisa A. Franz, Director, Purchasing
Typed Name/Title Typed Name/Title


Date Date

Tax Identification Number: 95-6002318 Tax Identification Number:

Not Project Related
Project #13-130


ND#4819-2103-6308 Exhibit A page 1 Consultant Services Agreement

EXHIBIT A
TO AGREEMENT FOR CONSULTANT SERVICES #13-130

WORK AUTHORIZATION PROCEDURES

1. Assignment of Work Authorization
1.1. Request For Proposal (RFP): At the sole discretion of District, one or more prequalified
professional services consultants shall be solicited with a Request For Proposal (RFP) for a
specific lump sum fixed fee proposal for defined Services to be complete within a defined timeline.
For a proposal to be valid it must clearly acknowledge the complete Services requested by District
and must include a lump sum fixed fee amount to complete all defined Services, a clearly defined
schedule for completion of Services which meets the required timeline defined by District and
shows final completion to occur within the Term of this Agreement.

1.2. Evaluation of Proposal: Districts Program Manager, in consultation with District, shall review each
proposal for validity, accuracy, competitiveness, and overall quality of the Services proposed to be
performed. In the case where more than one firm is solicited for a scope of defined Services, the
Program Manager shall evaluate each proposal thoroughly based on predetermined, objective
criteria to ensure a just and fair review of all proposals.

1.3. Selection of Consultant: Following evaluation of proposals, the consultant whose proposal exhibits
the best value for the benefit of District shall be recommended to the Superintendent for approval.

1.4. Work Authorization Letter (WAL): With the approval of the District Superintendent, the Program
Manager shall issue a Work Authorization Letter (WAL) to the selected consultant to perform the
defined Services as indicated in the RFP, for the lump sum fixed fee amount reflected in the
proposal, with all Services to complete within the timeline indicated in the RFP, and the Term set
forth in this Agreement. District retains the right to negotiate all terms of the WAL subsequent to
the receipt of proposal(s) in order to clarify the scope of Services, and/or make any adjustments to
the fee amount and required schedule prior to issuance of the WAL. The WAL shall be considered
a binding agreement, and amendment to this Agreement, once executed by Consultant, approved by
the District Board of Trustees, and executed by the Superintendent.

1.5. Performance of Services Set Forth in the WAL: Performance of Services set forth in the WAL shall
not commence until final approval by the District Superintendent and Board of Trustees, unless
expressly authorized by the District Superintendent and Program Manager. During the course of
completing the Services, Consultant shall comply will all provisions of this Agreement and the
WAL. All Services set forth in the WAL shall be completed within the schedule set forth in the
WAL.

1.6. Close Out of WAL Services: Upon completion of all Services required by the WAL, Consultant
shall submit all required close-out documentation, certifications, records, reports, warranties, and
any other information required or requested by District prior to submitting Consultants invoice for
final payment.

1.7. WAL Form: See next page for sample Work Authorization Letter.
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ND#4819-2103-6308 Exhibit A page 2 Consultant Services Agreement


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ND#4819-2103-6308 Exhibit B page 1 Consultant Services Agreement

EXHIBIT B
TO AGREEMENT FOR CONSULTANT SERVICES #13-130
COMPENSATION & RATE/FEE SCHEDULE

I. The following rates of pay shall apply in the performance of the Services under this Agreement and the
WAL:

PROJECT DSA INSPECTIONS FEE SCHEDULE




II. Consultant may utilize subcontractors as permitted in the Agreement and the WAL. The hourly rate for
any subcontractor shall be consistent with the rate and fee schedule indicated in Section I above, unless
other direction is provided with written authorization from District Superintendent or his/her designee.

III. Claims for reimbursable expenses shall be documented by appropriate invoices and supporting receipts.
Consultant may be reimbursed for those reasonable out-of-pocket expenses set forth below that are
incurred and paid for by Consultant beyond the typical obligations under this Agreement and the WAL,
but only to the extent that such expenses are directly related to Services satisfactorily completed, are
approved by District in writing and do not cause the amounts paid to Consultant to exceed the amounts
allowed under this Agreement and the WAL. No mark-up of any expense is permitted. The following is
the EXCLUSIVE list of reimbursable expenses:

A. Travel and Mileage. Consultant must request the travel in writing and justify why the travel
should be reimbursed. Travel expenses must be approved in writing by District, in its sole discretion.
Trips from any Consultants office to Districts office or to the subject project site will not be
approved for reimbursement.

B. Reimbursable Reprographic Services. Print sets or copies requested in writing by District beyond
the quantities required under the WAL.

C. Fees for Subcontractors. Fees for subcontractors hired and paid by Consultant at the written
request of District and are permitted in the Agreement and the WAL.

D. Fees advanced for securing approval of public agencies having jurisdiction over any project
hereunder.

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ND#4819-2103-6308 Exhibit B page 2 Consultant Services Agreement

IV. Consultant shall provide to District a complete Schedule of Values (SOV), identifying major work
activities required to complete the authorized scope of work. All invoices must reflect the appropriate
progress percentage for each SOV item billed, to be verified by District. District will compensate
Consultant for the Services performed upon approval by District of a valid and complete invoice, in form
and substance acceptable to District. See Exhibit G for required Invoice Approval Form and Billing
Cover Sheet. The Billing Cover Sheet shall reflect the approved SOV. In connection with Services that
are only partially completed at the time an invoice is paid, notwithstanding any provision of the
Agreement, the WAL, or any other document, payment of the invoice does not constitute acceptance of
the partially completed work or Service. Each invoice is to include:

A. Billing Cover Sheet/SOV with all appropriate progress percentages identified toward completion of the
Services.
B. Acceptable back-up for billings shall include, but not be limited to:
a. Records for all personnel describing the work performed, the number of hours worked, and the
hourly rate, for all time charged to the Services.
b. Records for all supplies, materials and equipment properly charged to the Services.
c. Records for all travel pre-approved by District and properly charged to the Services.
d. Records for all subcontractor labor, supplies, equipment, materials, and travel properly charged
to the Services.

Unless otherwise directed by District, in writing, completed invoices are to be submitted to the attention of the
Director of Purchasing and the Assistant Superintendent, Business and Fiscal Services. To be considered complete,
the invoice packet shall include all back-up documentation required by District and sign-off from District staff,
Program Manager or project manager assigned by District to supervise the Services.

V. The total compensation for the Services shall be provided for in the WAL(s) issued subsequent to this
Agreement.

VI. Compensation Upon Termination. In the event that District suspends or terminates this Agreement, the
WAL or any of the Services pursuant to Section 11 or Section 12a of the Agreement, District will pay
Consultant as provided herein and the WAL for all Services and authorized Additional Work actually
performed, and all authorized reimbursable expenses actually incurred and paid, under and in accordance with
this Agreement and the WAL, up to and including the date of suspension or termination; provided that such
payments shall not exceed the amounts specified in the Agreement and the WAL as compensation for the
Services completed, plus any authorized Additional Work and authorized reimbursable expenses completed
prior to suspension or termination. No payment for demobilization shall be paid unless District at its sole
discretion determines that demobilization or other compensation is appropriate. After a notice of termination is
given, Consultant shall submit to District a final claim for payment, in the form and with certifications
prescribed by District. Such claim shall be submitted promptly, but in no event later than forty (40) calendar
days after the Termination Date specified on the notice of termination. Such payment shall be Consultants
sole and exclusive compensation and District shall have no liability to Consultant for any other compensation
or damages, including without limitation, anticipated profit, prospective losses, legal fees or costs associated
with legal representation or consequential damages, of any kind.
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ND#4819-2103-6308 Exhibit C page 1 Consultant Services Agreement


EXHIBIT C
TO AGREEMENT FOR CONSULTANT SERVICES #13-130


INSURANCE

I. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to District
Superintendent or District Counsel, in full force and effect throughout the Term of this Agreement and the WAL,
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, subcontractors, representatives and/or employees.
Insurance is to be placed with insurers authorized to conduct business in the State of California and with a current
A.M. Best's rating of no less than A, as rated by the current edition of Bests Key Rating Guide, published by A.M.
Best Company, Oldwick, New J ersey 08858. Consultant shall provide the following scope and limits of insurance:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability coverage of not less than two million dollars ($2,000,000)
aggregate and one million dollars ($1,000,000) per occurrence.

(2) Auto liability insurance with limits of not less than one million dollars ($1,000,000).

(3) Insurance coverage should include:

1. owned, non-owned and hired vehicles;
2. blanket contractual;
3. broad form property damage;
4. products/completed operations; and
5. personal injury.

(4) Workers' Compensation insurance as required by the laws of the State of California.

(5) Abuse and Molestation coverage of not less than two million dollars ($2,000,000) per
occurrence and five million dollars ($5,000,000) aggregate.

(6) Professional liability (Errors and Omissions) insurance, including contractual liability, as
appropriate to the Consultants profession, in an amount of not less than the following:

Accountants, Attorneys, Education Consultants, $1,000,000
Nurses, Therapists

Architects $1,000,000 or $2,000,000

Physicians and Medical Corporations $5,000,000

Failure to maintain professional liability insurance is a material breach of this Agreement and the WAL and
grounds for immediate termination

II. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
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ND#4819-2103-6308 Exhibit C page 2 Consultant Services Agreement


A. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the
coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in
coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been
given to District

B. General Liability, Automobile Liability, and Abuse/Molestation Coverages.

(1) District, and its respective elected and appointed officers, officials, employees and
volunteers are to be covered as additional insureds (collectively, additional insureds) as respects the following:
liability arising out of activities and/or Services Consultant performs; products and completed operations of
Consultant; premises owned, occupied or used by Consultant; automobiles owned, leased, hired or borrowed by
Consultant, and Abuse/Molestation. The coverage shall contain no special limitations on the scope of protection
afforded to additional insureds.

(2) Each policy shall state that the coverage provided is primary and any insurance carried by
any additional insured is in excess to and non-contributory with Consultants insurance.

(3) Consultants 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.

(4) Any failure to comply with the reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to any additional insured.

III. Other Requirements. Consultant agrees to deposit with District, at or before the effective date of this
Agreement and the WAL, certificates of insurance necessary to satisfy District that the insurance provisions of this
Agreement have been complied with. District may require that Consultant furnish District with copies of original
endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. District reserves the right to inspect complete,
certified copies of all required insurance policies, at any time.

A. If any Services are performed by a subcontractor, Consultant shall furnish certificates and
endorsements from each subcontractor identical to those Consultant provides.

B. Any deductibles or self-insured retentions must be declared to and approved by District. At the
option of District, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
District or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses
and claims.

C. The procuring of any required policy or policies of insurance shall not be construed to limit
Consultants liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.


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ND#4819-2103-6308 Exhibit D page 1 Consultant Services Agreement

EXHIBIT D
TO AGREEMENT FOR CONSULTANT SERVICES #13-130
CONFLICT OF INTEREST CHECK

Bylaws of the Board 2030(C)E requires that the Superintendent or a designee make a determination, on a case by
case basis, concerning whether disclosure will be required from a consultant to comply with Districts Conflict of
Interest Code (commencing with Bylaws of the Board 2030 BB).

Consultants are required to file disclosures when, pursuant to a contract with District, Consultant will make certain
specified government decisions or will perform the same or substantially the same duties for District as a staff
person would.


The services to be performed by Consultant under the Agreement to which this Exhibit D is attached [] constitute
[X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code.
Therefore, Consultant, [] is [X] is not subject to disclosure obligations.


Date:

By:
Lisa A. Franz
Director, Purchasing


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ND#4819-2103-6308 Exhibit E page 1 Consultant Services Agreement

EXHIBIT E
TO AGREEMENT FOR CONSULTANT SERVICES #13-130

BACKGROUND CHECK AND FINGERPRINTING PROCEDURES
FOR CONTRACTORS

The successful Bidder will be required to assure that its employees, subcontractors of any tier, material
suppliers, and consultants do not have direct contact with the Districts students during the performance
of the Contract in compliance with Education Code 45125.1 and 45125.2. To assure these provisions,
the successful Bidders supervisor shall be fingerprinted, and proof of same shall be provided to the
District prior to start of on-site work. The supervisor will monitor the workers conduct while on school
grounds. In addition, the successful Bidder shall barricade the Work area to separate its workers from the
students. Costs associated with this process are the responsibility of the successful Bidder.

The Contractors construction supervisors or their unsupervised employees who will be working outside
of fenced areas during the school hours must have submitted a fingerprint identification card to the
Department of J ustice (DOJ ) and have a proof of clearance in the form of an affidavit filed in the Oxnard
School Districts Purchasing Office prior to the start of the Work.

California Education Code 45125.1 and 45125.2 require that criminal checks be completed for
contractors (Contracting Firm) who provide architectural, construction, janitorial, administrative,
landscape, transportation, food-related, or other similar services to school districts.

The undersigned does hereby certify to the Board of Trustees of the Oxnard School District as follows:

That I am a representative of the Contractor currently under contract (Contract) with the District; that I
am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on
behalf of Contractor.

Contractor certifies that it has taken the following actions with respect to the construction Project that is
the subject of the Contract:

1. Pursuant to Education Code 45125.2, Contractor has installed or will install, prior to
commencement of Work, a physical barrier at the Work Site, which will limit contact between
Contractors employees and District pupils at all times (mandatory for all Projects); AND

2. The Contractor has complied with the fingerprinting requirements of Education Code 45125.1
with respect to all Contractors employees and all of its subcontractors employees who may have contact
with District pupils in the course of providing services pursuant to the Contract, and the California
Department of J ustice has determined that none of those employees has been convicted of a felony, as that
term is defined in Education Code 45122.1. A complete and accurate list of Contractors employees and
of all its subcontractors employees who may come in contact with District pupils during the course and
scope of the Contract is attached hereto; AND/OR

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ND#4819-2103-6308 Exhibit E page 2 Consultant Services Agreement

3. Pursuant to Education Code 45125.2, Contractor certifies that all employees will be under the
continual supervision of, and monitored by, an employee of the Contractor who the California Department
of J ustice has ascertained has not been convicted of a violent or serious felony. The name and title of
each employee who will be supervising Contractors employees and its subcontractors employees is:

Name: _____________________________________

Title: ______________________________________

AND/OR

4. The Work on the Contract is at an unoccupied school site and no employee and/or subcontractor or
supplier of any tier of Contract shall come in contract with District pupils.

Contractors responsibility for background clearance extends to all of its employees, Subcontractors, and
employees of Subcontractors coming into contact with District pupils regardless of whether they are
designated as employees or acting as independent contractors of the Contractor.

Date: _________

Proper Name of Contractor: ______________________________________

Signature: _________________________

By: ______________________________________

Its: ______________________________________
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ND#4819-2103-6308 Exhibit G page 1 Consultant Services Agreement

EXHIBIT F
TO AGREEMENT FOR CONSULTANT SERVICES #13-130

SCOPE OF SERVICES PROJECT DSA INSPECTION (IOR)

The Project Inspectors Scope of Work includes, but is not limited to, the following:

Consultant shall ensure that the work performed in the field is in accordance with DSA approved design
documents. The project inspector will be required to monitor all construction activities, review RFIs,
change orders, and submittals, and to confirm that construction activities were performed satisfactorily in
accordance with approved design.

1. Certifications:
a. Possession and maintenance in good standing of all classes of licensed DSA Project Inspectors
Certificate issued by the Division of the State Architect.

2. Pre-Construction services required:
a. Familiarity with the project scope and approved drawings and specifications.
b. Preparation of all required forms for DSA, the Architect and the District.
c. Participation at all preconstruction meetings.
3. Construction Phase Services Required:
a. Performance of project inspection in accordance with Sections 4-211, 4-333 and 4-341, Title 24
Part 1, 2010 California Building Standards Administrative Code, Division of State Architect
requirements, and all other laws, codes, and regulations governing educational facilities
construction inspection.
b. Daily site inspections with reports to inform Contractor, Architect, District and DSA of non-
conforming work and corrective steps required.
c. Monitoring of daily construction progress relating to the construction schedule, T & M work
required, weather delays and like activities.
d. Verification that all required materials sampling and special inspections are coordinated with
construction activities, performed in accordance with project requirements and properly
documented.
e. Tracking of Record Drawing updates by the Contractor.
f. Prompt filing of all periodic reports required during the construction process.
g. Attendance at periodic job meetings and visits by DSA and District personnel.
h. Review of Requests for Information generated by the Contractor.
i. Observe and document discovered conditions and inform Contractor, Architect and District of
such conditions.
j. Review of periodic pay requests generated by the Contractor.
k. Review of proposed change orders to verify that such work falls outside of the project scope.
4. Post-Construction Services Required:
a. Compilation of operations and maintenance manuals, warranties/guarantees, and certificates.
b. Compilation and completion of all documentation to assure DSA close-out with certification.
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ND#4819-2103-6308 Exhibit G page 1 Consultant Services Agreement



5. Reports
As part of the Services, Consultant will prepare and deliver the following tangible work products to
District:
a. All DSA required inspections, reporting, processes and procedures required by the DSA Testing &
Inspection Listing, and/or required by the Architect of Record.

6. Time
All DSA required reporting shall be delivered to the District concurrent with the submittal to DSA, and
pursuant to DSA required timelines. The final inspection report (DSA Form 6) shall be completed and
electronic filed within 30 calendar days of the notice of completion.

7. Accuracy Standards
Precision of the inspection reports and other documentation shall be in accordance with the professional
standard of care to be expected of professional DSA inspectors licensed to practice in the State of
California.


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ND#4819-2103-6308 Exhibit G page 1 Consultant Services Agreement

EXHIBIT G
TO AGREEMENT FOR CONSULTANT SERVICES #13-130

INVOICE APPROVAL LETTER & BILLING COVER SHEET

DATE:
Project No.___: [INSERT PROJECT NAME]
Consultant: NOLTE - Vertical Five (NV5)

NV5 has submitted Invoice No. _________ for review by the Districts Program Manager, Caldwell
Flores Winters, Inc. (CFW), and Assistant Superintendent of Business Services, Lisa Cline.

By signing below, a representative of NV5, hereby certifies that the invoice submitted is a true and
accurate reflection of the work performed to date, is an accurate representation of the percent work
completed for the phase identified in the invoice, and that the invoice submitted does not include any
charges for services that have been previously paid, or rejected by the District and/or CFW.



NOLTE - Vertical Five Date


The invoice has been reviewed by the following and is recommended for payment:



Caldwell Flores Winters, Inc. Date




Oxnard School District Date
Lisa Cline, Assistant Superintendent,
Business and Fiscal Services
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ND#4819-2103-6308 Exhibit G page 2 Consultant Services Agreement

















































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ND#4819-2103-6308 Exhibit G page 3 Consultant Services Agreement


Agreement #13-131
OXNARD SCHOOL DISTRICT
AGREEMENT FOR CONSULTANT SERVICES
(MASTER AGREEMENT CEQA/DTSC COMPLIANCE)

This Agreement for Consultant Services (Agreement) is entered into as of this 13
th
day of November,
2013 by and between the Oxnard School District (District), with offices located at 1051 South A Street, Oxnard,
CA 93030, and Rincon Consultants, Inc. (Consultant) with a business address at 180 North Ashwood Avenue,
Ventura, CA 93003. District and Consultant are sometimes hereinafter individually referred to as Party and
hereinafter collectively referred to as the Parties.
RECITALS
A. District is authorized by California Government Code Section 53060, and Board Policy 4368, to
contract with independent contractors for the furnishing of services concerning financial, economic, accounting,
engineering, legal, administrative and other matters. District has sought, by issuance of a Request for
Qualifications, the performance of certain services, with the precise scope of work to be specified at the time of
assignment of work.
B. Following submission of a Statement of Qualifications for the performance of services, Consultant
was prequalified by District to perform services on behalf of District that may be assigned, or not assigned, at the
Districts sole discretion.
C. The Parties desire to formalize the prequalification of Consultant for performance of services and
desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and
contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties
agree as follows:
1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all exhibits attached to this
Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein.
2. Master Agreement. This Agreement sets forth the basic terms and conditions between District and
Consultant. It may be supplemented from time to time with an individual Work Authorization Letter
(WAL) which shall be considered an amendment to this Agreement, and which shall be subject to all
the terms and conditions of this Agreement, and any further terms and conditions as set forth in the
WAL.
3. Scope of Services. The scope of Services to be assigned to Consultant pursuant to a WAL is further
defined in Exhibit F Scope of Services, wherein the general responsibilities of Consultant are
described pursuant to the discipline(s) for which the Consultant has been deemed prequalified by
District as described in this Agreement.
4. Agreement, Scope of Work, and Assignment of Projects. District may, from time to time, and at the
sole discretion of District, assign to Consultant specific services to be performed by Consultant (the
Services) pursuant to a WAL. The WAL assignment procedure and associated forms are set forth in
Exhibit A, which is attached hereto. This Agreement, together with the WAL, sets forth the terms and
conditions pursuant to which Consultant will perform such Services on behalf of District. The WAL
ND#4819-2103-6308 Consultant Services Agreement 2
shall particularize and describe, among other things, such project(s) for which Consultant is to perform
Services, such Services to be performed by Consultant at such project(s), the timeline for the
performance of such Services, and the compensation to be paid to Consultant for the performance of
such Services.
5. Term of Agreement. Subject to earlier termination as provided below, this Agreement shall remain in
effect from November 13, 2013 through November 12, 2018 (the Term). This Agreement may be
extended only by amendment, signed by the Parties, prior to the expiration of the Term. Such
agreement for extension shall be based upon the showing of good and sufficient cause by Consultant
that such extension(s) shall be granted. District shall not be obligated to compensate Consultant for
any additional costs if such an extension has been granted to this Agreement. Any provision for
additional compensation shall be accommodated via the WAL process as indicated in Exhibit A.
6. Time for Performance. The scope of the Services set forth in the WAL shall be completed during the
Term pursuant to the schedule specified in the WAL. If Services indicated in the WAL cannot be
completed within the schedule set forth in the WAL, or if the schedule exceeds the Term of this
Agreement, it is the responsibility of Consultant to notify District at least ninety (90) days prior to the
expiration of either, with a request for a time extension clearly identifying the cause(s) for the failure to
complete the Services within the schedule and/or the Term. Should Consultant fail to provide such
notice, and/or the Services not be completed pursuant to that schedule or within the Term, Consultant
shall be deemed to be in Default as provided below. District, in its sole discretion, may choose not to
enforce the Default provisions of this Agreement and may instead allow Consultant to continue
performing the Services.
7. Additional Services. Additional Services are services in addition to the Services set forth in the WAL
that are provided by Consultant pursuant to a written request by District. Additional Services will
require a written request or pre-authorization in writing by District following specific approval of such
services by the District Board of Trustees. It is understood and agreed that Consultant shall not
perform any Additional Services unless and until Consultant receives specific written approval for such
Additional Services from the District Board of Trustees. Any modification of the compensation to be
paid to Consultant as a result of Additional Services must be specifically approved in writing by the
District Board of Trustees. In the event that the District Board of Trustees approves in writing a
modification of the compensation, then Consultant shall be paid for such Additional Services pursuant
to Section 8, below. However, it is understood and agreed that if the cause of the Additional Services
is the sole or partial responsibility of Consultant, its agents, or any subconsultants or other parties under
the charge of Consultant, no additional compensation shall be paid to Consultant. If such conditions
exist so as to justify Additional Services as indicated above, which require additional compensation or
time in order to be performed, it is the sole responsibility of Consultant to submit a request for
Additional Services within ten (10) days of Consultants discovery of such conditions which require
Additional Services. It is understood and agreed that if Consultant performs any services that it claims
are Additional Services without receiving prior written approval from the District Board of Trustees,
Consultant shall not be paid for such claimed Additional Services.
8. Compensation and Method of Payment. This Agreement does not guarantee that District will issue a
WAL to Consultant nor does this Agreement guarantee any compensation to Consultant. This
Agreement does not create any obligation on the part of District to compensate Consultant absent a
WAL indicating compensation due to Consultant once Services are performed. Specific compensation
and payment amounts, including approved reimbursable expenses, shall be set forth in the WAL.
However, it is understood and agreed that the compensation to be paid to Consultant shall not be in
excess of or exceed the rates set forth in Exhibit B Compensation.
ND#4819-2103-6308 Consultant Services Agreement 3
a. Each month Consultant shall furnish to District an original invoice for all work performed and
expenses incurred during the preceding month for Services performed pursuant to a WAL. The invoice
shall clearly indicate the assigned project, the approved WAL, and shall detail charges by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts.
Sub-consultant charges, if any, shall be detailed by the following categories: labor, travel, materials,
equipment and supplies. District shall independently review each invoice submitted by Consultant to
determine whether the work performed and expenses incurred are in compliance with the provisions of
this Agreement and the WAL. In the event that no charges or expenses are disputed, the invoice shall
be approved and paid according to the terms set forth in subsection b. In the event any charges or
expenses are disputed by District, the original invoice shall be returned by District to Consultant for
correction and resubmission.
b. Except as to any charges for work performed or expenses incurred by Consultant which are
disputed by District, District will use its best efforts to cause Consultant to be paid within forty-five
(45) days of receipt of Consultants correct and undisputed invoice.
c. Payment to Consultant for work performed pursuant to this Agreement and a WAL shall not be
deemed to waive any defects in work performed by Consultant.
9. Responsibilities of Consultant:
a. Consultant shall perform all Services as indicated in this Agreement and the WAL to the
satisfaction of District.
b. The specific Services of Consultant to be performed shall be indicated in the WAL.
c. Consultant hereby represents and warrants that (a) it is an experienced consultant in the
discipline(s) identified in Exhibit F, having the skill and the legal and professional ability and the
flexibility necessary to perform all of the Services required under this Agreement; (b) it has the
capabilities and resources necessary to perform its obligations hereunder; (c) it is familiar with all
current laws, rules, regulations and other restrictions which are and may become applicable to the
scope of Services under this Agreement, including but not limited to all local ordinances, building
codes, and requirements of all Authorities Having J urisdiction (AHJ ) including but not limited to the
Division of State Architect (DSA), the Office of Public School Construction (OPSC), the State
Facilities Planning Division (SFPD), California Department of Education (CDE), the California
Department of General Services (DGS), the Department of Toxic Substances Control (DTSC), the
California Environmental Quality Act (CEQA), Title 24 of the California Code of Regulations, the
California Education Code, State and Local Fire Authorities, air quality districts, water quality and
control boards, and any/all other AHJ ; (d) that it will assume full responsibility for all Services
performed and all work prepared and furnished to District by its employees, agents, and subconsultants;
(e) that it has sufficient financial strength and resources to undertake and complete the Services
provided for under this Agreement within the schedule set forth in the WAL; and (f) that it certifies and
covenants that all reports, certifications, studies, analyses, and other documents prepared by Consultant
shall be prepared in accordance with all applicable laws, rules, regulations, and other requirements in
effect at the time of their preparation, or required at their time of submittal to District and or agencies.
d. Consultant shall follow accepted industry standards and practices and comply with all federal,
state, and local laws and ordinances applicable to the Services required by this Agreement and the
WAL.
10. Responsibilities of District.
ND#4819-2103-6308 Consultant Services Agreement 4
a. District will prepare and furnish to Consultant upon Consultants request, such information as is
reasonably necessary to the performance of the Services required under this Agreement and the WAL.
Consultant understands that all information provided to Consultant remains the property of District and
shall only be removed from Districts possession/premises and/or be photocopied, reproduced,
distributed, or otherwise made available to others if such activities are expressly approved in writing by
District and/or the Program Manager. Failure to comply with the above requirements shall be
reasonable cause for termination of this Agreement, and may subject Consultant to liability for
damages to District.
b. If needed by Consultant, District shall provide information as to the requirements and educational
program for each project assigned by a WAL, including approved budget and schedule limitations.
c. District shall facilitate and coordinate cooperation amongst and between District consultants,
including but not limited to architects, construction managers, surveyors, geotechnical engineers,
inspectors, testing laboratories, hazardous materials specialists, CEQA/DTSC compliance specialists,
technology experts, and any other professional consultants District deems necessary to execute the
Facilities Implementation Program. Such coordination shall include the distribution of documentation
prepared by individual consultants which may be of service to Consultant in the course of completing
the Services.
d. District shall facilitate and coordinate cooperation amongst and between District staff and
Consultant, as required to complete the Services.
e. District shall provide for the timely approval and execution of the WALs, Additional Services
requests, invoices, and any other documentation that requires District action in order for Consultant to
complete the Services.
11. Suspension. District may, for any reason or no reason, in Districts sole discretion, suspend all or a
portion of this Agreement, the WAL, or the Services by giving ten (10) calendar days written notice of
suspension to Consultant. In the event such notice is given, Consultant shall cease immediately all
work in progress. If District suspends the Services for a period of ninety (90) consecutive calendar
days or more and, in addition, if such suspension is not caused by Consultant or the acts or omissions
of Consultant, then if the Services are resumed, Consultants compensation shall be subject to
adjustment to provide for actual direct costs and expenses incurred by Consultant as a direct result of
the suspension and resumption by District of the Services.
12. Termination. This Agreement, the WAL, or the Services may be terminated at any time by mutual
agreement of the Parties or by either Party as follows:
a. District may terminate all or a portion of this Agreement, the WAL, or the Services without cause
at any time by giving ten (10) calendar days written notice of termination to Consultant. In the event
such notice is given, Consultant shall cease immediately all work in progress; or
b. District may terminate all or a portion of this Agreement, the WAL, or the Services for cause in the
event of a Default by giving written notice pursuant to Section 15, below; or
c. Consultant may terminate this Agreement or the WAL at any time upon thirty (30) calendar days
written notice if District fails to make any undisputed payment to Consultant when due and such failure
remains uncured for forty-five (45) calendar days after written notice to District.
ND#4819-2103-6308 Consultant Services Agreement 5
13. Similar or Identical Services. In the event that this Agreement, the WAL, or any of the Services are
terminated in whole or in part as provided herein, District may procure, upon such terms and in such
manner as District may determine appropriate, services similar or identical to those terminated to
complete any unfinished Services or new services as needed by District.
14. Inspection and Final Acceptance. District acceptance of any of work or Services, whether specifically
in writing or by virtue of payment, shall not constitute a waiver of any of the provisions of this
Agreement or the WAL including, but not limited to, indemnification and insurance provisions.
15. Default. Failure of Consultant to perform any Services or comply with any provisions of this
Agreement or the WAL constitutes a Default. District may terminate all or any portion of this
Agreement, the WAL, or the Services for cause in the event of a Default. The termination shall be
effective if Consultant fails to cure such Default within thirty (30) calendar days following issuance of
written notice thereof by District, or if the cure by its nature takes longer, fails to commence such cure
within thirty (30) calendar days from the date of issuance of the notice and diligently prosecutes such
cure to the satisfaction of District. If Consultant has not cured the Default, District may hold all
invoices and may choose to proceed with payment on said invoices only after the Default is cured to
Districts satisfaction. In the alternative, District may, in its sole discretion, during the period before
Consultant has cured the Default, elect to pay any portion of outstanding invoices that corresponds to
Services satisfactorily rendered. Any failure on the part of District to give notice of Consultants
default shall not be deemed to result in a waiver of Districts legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to Districts termination rights set forth above, District shall have (i) the right to cure
Consultants Default at Consultants cost, in which case all amounts expended by District in connection
with such cure shall accrue interest from the date incurred until repaid to District by Consultant at the
rate of ten percent (10%) per annum; and (ii) all other rights and remedies available to District at law
and in equity, including, without limitation, an action for damages. District shall have the right to
retain unpaid earned balances to offset damages, and/or charge Consultant for all damages above and
beyond unpaid balance of WAL.
16. Ownership of Documents. All maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any Services pursuant to this Agreement or the WAL
(collectively and individually, the Documents) shall become the sole property of District and may be
used, reused or otherwise disposed of by District without the permission of Consultant. Upon
completion, expiration or termination of this Agreement or the WAL, Consultant shall turn over to
District all such Documents.
17. Use of Documents by District. If and to the extent that District utilizes for any purpose not related to
this Agreement or the WAL any Documents, Consultants guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
18. Consultants Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultants performance of Services pursuant to this Agreement or the
WAL for a minimum of four years after termination or expiration of this Agreement and the WAL, or
longer if required by law. Such records shall include at minimum a detailed record of daily
performance, staff time records, subconsultants time records, documentation of all costs incurred by
Consultant that were billed to District, and detailed records of all Consultant fees, overhead, and profit
on earned amounts.
ND#4819-2103-6308 Consultant Services Agreement 6
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled
checks, or other documents or records evidencing or relating to work, services, expenditures and
disbursements charged to District pursuant to this Agreement or the WAL for a minimum of four years,
or longer if required by law, all in accordance with generally accepted accounting principles and with
sufficient detail so as to permit an accurate evaluation of the Services provided by Consultant pursuant
to this Agreement or the WAL.
b. Any and all such records or documents shall be made available for inspection, audit and copying, at
any time during regular business hours, upon request by District or its designated representative.
Copies of such documents or records shall be provided directly to District for inspection, audit and
copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such
documents and records shall be made available at Consultants address indicated for receipt of notices
in this Agreement.
c. District has the right to acquire custody of such records by written request if Consultant decides to
dissolve or terminate its business. Consultant shall deliver or cause to be delivered all such records and
documents to District within sixty (60) days of receipt of the request.

19. Independent Contractor. Consultant is retained as an independent contractor and is not employed by
District. No employee or agent of Consultant shall become, or be considered to be, an employee of
District for any purpose. It is agreed that District is interested only in the results obtained from the
Services under this Agreement and the WAL and that Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the Services required under this
Agreement and the WAL. Consultant shall complete this Agreement and the WAL according to its
own methods of work which shall be in the exclusive charge and control of Consultant and which shall
not be subject to control or supervision by District except as to results of the Services. Consultant shall
provide all of its own supplies, equipment, facilities, materials, manpower, and any/all other resources
that may become necessary in the course of completing the Services. It is expressly understood and
agreed that Consultant and its employees shall in no event be entitled to any benefits to which District
employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation,
workers compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultants employees wages, payroll taxes, employee benefits and any
amounts due for federal and state income taxes and Social Security taxes since these taxes will not be
withheld from payments under this Agreement or the WAL.
a. The personnel performing the Services under this Agreement and the WAL on behalf of Consultant
shall at all times be under Consultants exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultants
officers, employees, or agents are in any manner officials, officers, employees or agents of District.
b. Consultant shall have no authority to bind District in any manner, or to incur any obligation, debt
or liability of any kind on behalf of or against District, whether by contract or otherwise, unless such
authority is expressly conferred in writing by District, or under this Agreement.
20. Standard of Performance. Consultant represents and warrants that it has the skill, qualifications,
experience and facilities necessary to properly perform the Services required under this Agreement and
the WAL in a thorough, competent and professional manner. Consultant represents and warrants that
its employees and subcontractors have all legally required licenses, permits, qualifications and
approvals necessary to perform the Services and that all such licenses and approvals shall be
maintained throughout the term of this Agreement and the WAL. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all Services
ND#4819-2103-6308 Consultant Services Agreement 7
described herein and the WAL. In meeting its obligations under this Agreement and the WAL,
Consultant shall employ, at a minimum, the standard of care utilized by persons engaged in providing
services similar to those required of Consultant under this Agreement and the WAL for California
school districts in or around the same geographic area of District (the Standard of Performance).
21. Confidential Information. All information gained during performance of the Services and all
Documents or other work product produced by Consultant in performance of this Agreement and the
WAL shall be considered confidential (confidential information). Consultant shall not release or
disclose any such confidential information, Documents or work product to persons or entities other
than District without prior written authorization from the Superintendent of District and/or Program
Manager, except as may be required by law. Confidential information does not include information
that: (i) Consultant had in its possession prior to considering entering into this Agreement; (ii) becomes
public knowledge through no fault of Consultant; (iii) Consultant lawfully acquires from a third party
not under an obligation of confidentiality to the disclosing party; or (iv) is independently developed by
Consultant without benefit of the information provided by District. In connection with confidential
information:
a. Consultant shall promptly notify District if it is served with any summons, complaint, subpoena or
other discovery request, court order or other request from any party regarding this Agreement or the
WAL or the Services performed hereunder or the WAL.
b. District retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to
provide District with the opportunity to review any response to discovery requests provided by
Consultant; provided that this does not imply or mean the right by District to control, direct, or rewrite
said response.
22. Conflict of Interest; Disclosure of Interest. Consultant covenants that neither it, nor any officer or
principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of District or which would in any way hinder Consultants performance of the
Services under this Agreement or the WAL. Consultant further covenants that in the performance of
this Agreement and the WAL, no person having any such interest shall be employed by it as an officer,
employee, agent or subcontractor without the express written consent of District. Consultant agrees to
at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of
District in the performance of this Agreement and the WAL.
a. Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E, as hereinafter amended or renumbered,
require that a consultant that qualifies as a designated employee must disclose certain financial
interests by filing financial interest disclosures. By its initials below, Consultant (i) represents that it
has received and reviewed a copy of the Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E and
that it [____] does [X] does not qualify as a designated employee; and (ii) agrees to notify District, in
writing, if Consultant believes that it is a designate employee and should be filing financial interest
disclosures, but has not been previously required to do so by District.
______ (Initials)
23. Compliance with Applicable Laws. In connection with the Services and its operations, Consultant
shall keep itself informed of and comply with all applicable federal, state and local laws, statutes,
codes, ordinances, regulations and rules including, but not limited to, minimum wages and/or
prohibitions against discrimination, in effect during the Term. Consultant shall obtain any and all
licenses, permits and authorizations necessary to perform the Services. Neither District, nor any
ND#4819-2103-6308 Consultant Services Agreement 8
elected or appointed boards, officers, officials, employees or agents of District shall be liable, at law or
in equity, as a result of any failure of Consultant to comply with this section.
a. Without limiting the generality of the foregoing, Consultant, unless exempted, shall comply with
the requirements of Education Code Section 45125.1 with respect to fingerprinting of employees who
may have contact with Districts pupils. Consultant must complete Districts certification form,
attached herein as Exhibit E, prior to any of Consultants employees coming into contact with any of
Districts pupils. Consultant also agrees to comply with all other operational requirements of District,
as may be revised from time to time, including but not limited to any obligations relating to vaccination
or testing for infectious diseases.
______ (Initials)
24. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of
the Federal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seq., as amended, and in
connection therewith, shall not employ unauthorized aliens as that term is defined in 8 U.S.C.A.
1324a(h)(3). Should Consultant so employ such individuals for the performance of work and/or
Services covered by this Agreement or the WAL, and should any liability or sanctions be imposed
against District for such employment, Consultant hereby agrees to and shall reimburse District for the
cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys'
fees, incurred by District.
25. Non-Discrimination. Consultant shall abide by the applicable provisions of the United States Civil
Rights Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in
any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex,
sexual orientation, age, physical handicap, medical condition or marital status in connection with or
related to the performance of this Agreement or the WAL.
26. Disabled Veteran Business Enterprise Participation. Pursuant to Education Code section 17076.11,
District has a participation goal for disabled veteran business enterprises (DVBEs) of at least three (3)
percent, per year, of funds expended each year by District on projects that use funds allocated by the
State Allocation Board pursuant to the Leroy F. Greene School Facilities Act. Unless waived in
writing by District, Consultant shall provide proof of DVBE compliance, in accordance with any
applicable policies of District or the State Allocation Board, within thirty (30) days of its execution of
this Agreement
27. Assignment. The expertise and experience of Consultant are material considerations for this
Agreement and the WAL. District has an interest in the qualifications of and capability of the persons
and entities that will fulfill the duties and obligations imposed upon Consultant under this Agreement
and the WAL. In recognition of that interest, Consultant shall not assign or transfer this Agreement or
any portion of this Agreement or any portion of the WAL or the performance of any of Consultants
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by Districts Board of Trustees. Any attempted assignment shall be ineffective,
null and void, and shall constitute a material breach of this Agreement and the WAL entitling District
to any and all remedies at law or in equity, including summary termination of this Agreement and the
WAL.
28. Subcontracting. Notwithstanding the above, Consultant may utilize subcontractors in the performance
of its duties pursuant to this Agreement and the WAL, but only with the prior written consent of
District. Consultant shall be as fully responsible to District for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by Consultants subcontractors, as
if the acts and omissions were performed by Consultant directly.
ND#4819-2103-6308 Consultant Services Agreement 9
29. District Administrator. Lisa Franz shall be in charge of administering this Agreement on behalf of
District, (the Administrator) provided that any written notice or any consent, waiver or approval of
District must be signed by the Superintendent or a designated employee of District to be valid. The
Administrator has completed Exhibit D Conflict of Interest Check attached hereto.
30. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultants staff and subcontractors consistent with the staff proposed as part of the
Statement of Qualifications, if any, assigned to perform Services under this Agreement and the WAL.
a. Consultant shall provide District and the Administrator a list of all personnel and subcontractors
providing Services and shall maintain said list current and up to date at all times during the Term. The
list shall include the following information: (1) all full or part-time staff positions by title, including
volunteer positions whose direct services are required to provide the Services; (2) a brief description of
the functions of each such position and the hours each position works each week or, for part-time
positions, each day or month, as appropriate; (3) the professional degree, if applicable, and experience
required for each position; and (4) the name of the person responsible for fulfilling the terms of this
Agreement and the WAL.
31. Indemnification. To the fullest extent permitted by law, Consultant shall defend and indemnify
District and its officials, elected board members, employees and agents (Indemnified Parties) from
and against all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, its officers, employees, consultants, subcontractors, or agents, pursuant
to this Agreement and/or the WAL, but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of any of the Indemnified Parties.
a. Consultant agrees to obtain executed indemnity agreements with provisions identical to the above
from each and every subcontractor retained or employed by Consultant in the performance of this
Agreement and the WAL. Failure of District to monitor compliance with these requirements imposes
no additional obligations on District and will in no way act as a waiver of any rights hereunder.
Consultants obligation to indemnify and defend District as set forth above is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and the
WAL.
______ (Initials)
32. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit C Insurance and made a part of this
Agreement. All insurance policies shall be subject to approval by District as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the District
Superintendent.
33. Notices. All notices required or permitted to be given under this Agreement or the WAL shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and
return receipt requested, addressed as follows:
To District: Oxnard School District
1051 South A Street
Oxnard, California, 93030
Attention: Lisa Cline
Assistant Superintendent, Business & Fiscal Services
Re: [Insert Project Name]
ND#4819-2103-6308 Consultant Services Agreement 10
With electronic copy to: Caldwell Flores Winters, Inc.
Oxnard School District Program Manager
6425 Christie Ave., Suite 270
Emeryville, California 94608
Attention: Yuri Calderon
T: 510-596-8170
Email: ycalderon@cfwinc.com
To Consultant: Rincon Consultants, Inc.
180 North Ashwood Avenue
Ventura, CA 93003
Attention: Stephen Svete
T: (805) 644-4455
Email: svete@rinconconsultants.com
All notices, demands, or requests to be given under this Agreement or the WAL shall be given in writing
and conclusively shall be deemed received when delivered in any of the following ways: (i) on the date
delivered if delivered personally; (ii) on the date sent if sent by facsimile transmission and confirmation of
transmission is received; (iii) on the date it is accepted or rejected if sent by certified mail; and (iv) the date
it is received if sent by regular United States mail.
34. Excusable Delays. Neither Party will be liable to the other for unanticipated delays or failures in
performance resulting from causes beyond the reasonable control of that Party, including, but not
limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war,
governmental regulations, communications or utility failures, or casualties; provided that the delayed
Party: (i) gives the other Party prompt written notice of such cause; and (ii) uses its reasonable efforts
to correct such failure or delay in its performance. The delayed Party's time for performance or cure
under this section will be extended for a period equal to the duration of the cause or sixty (60) days,
whichever is less.
35. Entire Agreement; Binding Effect. This Agreement including Exhibits hereto, contains the entire
understanding of the Parties, and supersedes all other written or oral agreements. Consultant shall be
entitled to no other benefits other than those specified herein. No changes, amendments or alternations
shall be effective unless in writing and signed by both Parties and approved by Districts Board of
Trustees. Consultant specifically acknowledges that in entering into this Agreement, Consultant relied
solely upon the provisions contained in this Agreement and no others. This Agreement shall be
binding upon the heirs, executors, administrators, successors and assigns of the Parties.
36. Amendment. No changes, amendments to or modifications of this Agreement or the WAL shall be
valid, effective or binding unless made in writing and signed by both Parties and approved by the
Districts Board of Trustees. The Parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
37. Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement or the WAL shall
not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of
the provisions of this Agreement or the WAL shall not constitute a waiver of any other provision or a
waiver of any subsequent breach or violation of any provision of this Agreement or the WAL. None of
the provisions of this Agreement or the WAL shall be considered waived by either Party unless such
waiver is specifically specified in writing. Neither Districts review, approval of, nor payment for, any
of the Services required under this Agreement or the WAL shall be construed to operate as a waiver of
ND#4819-2103-6308 Consultant Services Agreement 11
any rights under this Agreement or the WAL, and Consultant shall remain liable to District in
accordance with this Agreement and the WAL for all damages to District caused by Consultants
failure to perform any of the Services to the Standard of Performance. This provision shall survive the
termination of this Agreement and the WAL.
38. Governing Law. This Agreement and the WAL shall be interpreted, construed and governed
according to the laws of the State of California. With respect to litigation involving this Agreement,
the WAL or the Services, venue in state trial courts shall lie exclusively in the County of Ventura,
California.
39. Severability. If any term, condition or covenant of this Agreement or the WAL is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement and the WAL shall not be affected thereby and the Agreement and WAL
shall be read and construed without the invalid, void or unenforceable provision(s).
40. Authority to Execute. The person or persons executing this Agreement on behalf of Consultant
represents and warrants that he/she/they has/have the authority to so execute this Agreement and to
bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, District and Consultant have executed and delivered this Agreement for
consultant services as of the date first written above.

OXNARD SCHOOL DISTRICT: RINCON CONSULTANTS INC.:



Signature Signature

Lisa A. Franz, Director, Purchasing
Typed Name/Title Typed Name/Title


Date Date

Tax Identification Number: 95-6002318 Tax Identification Number:

Not Project Related
Project #13-131


ND#4819-2103-6308 Exhibit A page 1 Consultant Services Agreement

EXHIBIT A
TO AGREEMENT FOR CONSULTANT SERVICES #13-131

WORK AUTHORIZATION PROCEDURES

1. Assignment of Work Authorization
1.1. Request For Proposal (RFP): At the sole discretion of District, one or more prequalified
professional services consultants shall be solicited with a Request For Proposal (RFP) for a
specific lump sum fixed fee proposal for defined Services to be complete within a defined timeline.
For a proposal to be valid it must clearly acknowledge the complete Services requested by District
and must include a lump sum fixed fee amount to complete all defined Services, a clearly defined
schedule for completion of Services which meets the required timeline defined by District and
shows final completion to occur within the Term of this Agreement.

1.2. Evaluation of Proposal: Districts Program Manager, in consultation with District, shall review each
proposal for validity, accuracy, competitiveness, and overall quality of the Services proposed to be
performed. In the case where more than one firm is solicited for a scope of defined Services, the
Program Manager shall evaluate each proposal thoroughly based on predetermined, objective
criteria to ensure a just and fair review of all proposals.

1.3. Selection of Consultant: Following evaluation of proposals, the consultant whose proposal exhibits
the best value for the benefit of District shall be recommended to the Superintendent for approval.

1.4. Work Authorization Letter (WAL): With the approval of the District Superintendent, the Program
Manager shall issue a Work Authorization Letter (WAL) to the selected consultant to perform the
defined Services as indicated in the RFP, for the lump sum fixed fee amount reflected in the
proposal, with all Services to complete within the timeline indicated in the RFP, and the Term set
forth in this Agreement. District retains the right to negotiate all terms of the WAL subsequent to
the receipt of proposal(s) in order to clarify the scope of Services, and/or make any adjustments to
the fee amount and required schedule prior to issuance of the WAL. The WAL shall be considered
a binding agreement, and amendment to this Agreement, once executed by Consultant, approved by
the District Board of Trustees, and executed by the Superintendent.

1.5. Performance of Services Set Forth in the WAL: Performance of Services set forth in the WAL shall
not commence until final approval by the District Superintendent and Board of Trustees, unless
expressly authorized by the District Superintendent and Program Manager. During the course of
completing the Services, Consultant shall comply will all provisions of this Agreement and the
WAL. All Services set forth in the WAL shall be completed within the schedule set forth in the
WAL.

1.6. Close Out of WAL Services: Upon completion of all Services required by the WAL, Consultant
shall submit all required close-out documentation, certifications, records, reports, warranties, and
any other information required or requested by District prior to submitting Consultants invoice for
final payment.

1.7. WAL Form: See next page for sample Work Authorization Letter.
Not Project Related
Project #13-131


ND#4819-2103-6308 Exhibit A page 2 Consultant Services Agreement

Not Project Related
Project #13-131

ND#4819-2103-6308 Exhibit B page 1 Consultant Services Agreement

EXHIBIT B
TO AGREEMENT FOR CONSULTANT SERVICES #13-131
COMPENSATION & RATE/FEE SCHEDULE

I. The following rates of pay shall apply in the performance of the Services under this Agreement and the
WAL:





Not Project Related
Project #13-131

ND#4819-2103-6308 Exhibit B page 2 Consultant Services Agreement

II. Consultant may utilize subcontractors as permitted in the Agreement and the WAL. The hourly rate for
any subcontractor shall be consistent with the rate and fee schedule indicated in Section I above, unless
other direction is provided with written authorization from District Superintendent or his/her designee.

III. Claims for reimbursable expenses shall be documented by appropriate invoices and supporting receipts.
Consultant may be reimbursed for those reasonable out-of-pocket expenses set forth below that are
incurred and paid for by Consultant beyond the typical obligations under this Agreement and the WAL,
but only to the extent that such expenses are directly related to Services satisfactorily completed, are
approved by District in writing and do not cause the amounts paid to Consultant to exceed the amounts
allowed under this Agreement and the WAL. No mark-up of any expense is permitted. The following is
the EXCLUSIVE list of reimbursable expenses:

A. Travel and Mileage. Consultant must request the travel in writing and justify why the travel
should be reimbursed. Travel expenses must be approved in writing by District, in its sole discretion.
Trips from any Consultants office to Districts office or to the subject project site will not be
approved for reimbursement.

B. Reimbursable Reprographic Services. Print sets or copies requested in writing by District beyond
the quantities required under the WAL.

C. Fees for Subcontractors. Fees for subcontractors hired and paid by Consultant at the written
request of District and are permitted in the Agreement and the WAL.

D. Fees advanced for securing approval of public agencies having jurisdiction over any project
hereunder.

IV. Consultant shall provide to District a complete Schedule of Values (SOV), identifying major work
activities required to complete the authorized scope of work. All invoices must reflect the appropriate
progress percentage for each SOV item billed, to be verified by District. District will compensate
Consultant for the Services performed upon approval by District of a valid and complete invoice, in form
and substance acceptable to District. See Exhibit G for required Invoice Approval Form and Billing
Cover Sheet. The Billing Cover Sheet shall reflect the approved SOV. In connection with Services that
are only partially completed at the time an invoice is paid, notwithstanding any provision of the
Agreement, the WAL, or any other document, payment of the invoice does not constitute acceptance of
the partially completed work or Service. Each invoice is to include:

A. Billing Cover Sheet/SOV with all appropriate progress percentages identified toward completion of the
Services.
B. Acceptable back-up for billings shall include, but not be limited to:
a. Records for all personnel describing the work performed, the number of hours worked, and the
hourly rate, for all time charged to the Services.
b. Records for all supplies, materials and equipment properly charged to the Services.
c. Records for all travel pre-approved by District and properly charged to the Services.
d. Records for all subcontractor labor, supplies, equipment, materials, and travel properly charged
to the Services.

Unless otherwise directed by District, in writing, completed invoices are to be submitted to the attention of the
Director of Purchasing and the Assistant Superintendent, Business and Fiscal Services. To be considered complete,
the invoice packet shall include all back-up documentation required by District and sign-off from District staff,
Program Manager or project manager assigned by District to supervise the Services.
Not Project Related
Project #13-131

ND#4819-2103-6308 Exhibit B page 3 Consultant Services Agreement


V. The total compensation for the Services shall be provided for in the WAL(s) issued subsequent to this
Agreement.

VI. Compensation Upon Termination. In the event that District suspends or terminates this Agreement, the
WAL or any of the Services pursuant to Section 11 or Section 12a of the Agreement, District will pay
Consultant as provided herein and the WAL for all Services and authorized Additional Work actually
performed, and all authorized reimbursable expenses actually incurred and paid, under and in accordance with
this Agreement and the WAL, up to and including the date of suspension or termination; provided that such
payments shall not exceed the amounts specified in the Agreement and the WAL as compensation for the
Services completed, plus any authorized Additional Work and authorized reimbursable expenses completed
prior to suspension or termination. No payment for demobilization shall be paid unless District at its sole
discretion determines that demobilization or other compensation is appropriate. After a notice of termination is
given, Consultant shall submit to District a final claim for payment, in the form and with certifications
prescribed by District. Such claim shall be submitted promptly, but in no event later than forty (40) calendar
days after the Termination Date specified on the notice of termination. Such payment shall be Consultants
sole and exclusive compensation and District shall have no liability to Consultant for any other compensation
or damages, including without limitation, anticipated profit, prospective losses, legal fees or costs associated
with legal representation or consequential damages, of any kind.
Not Project Related
Project #13-131

ND#4819-2103-6308 Exhibit C page 1 Consultant Services Agreement


EXHIBIT C
TO AGREEMENT FOR CONSULTANT SERVICES #13-131


INSURANCE

I. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to District
Superintendent or District Counsel, in full force and effect throughout the Term of this Agreement and the WAL,
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, subcontractors, representatives and/or employees.
Insurance is to be placed with insurers authorized to conduct business in the State of California and with a current
A.M. Best's rating of no less than A, as rated by the current edition of Bests Key Rating Guide, published by A.M.
Best Company, Oldwick, New J ersey 08858. Consultant shall provide the following scope and limits of insurance:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability coverage of not less than two million dollars ($2,000,000)
aggregate and one million dollars ($1,000,000) per occurrence.

(2) Auto liability insurance with limits of not less than one million dollars ($1,000,000).

(3) Insurance coverage should include:

1. owned, non-owned and hired vehicles;
2. blanket contractual;
3. broad form property damage;
4. products/completed operations; and
5. personal injury.

(4) Workers' Compensation insurance as required by the laws of the State of California.

(5) Abuse and Molestation coverage of not less than two million dollars ($2,000,000) per
occurrence and five million dollars ($5,000,000) aggregate.

(6) Professional liability (Errors and Omissions) insurance, including contractual liability, as
appropriate to the Consultants profession, in an amount of not less than the following:

Accountants, Attorneys, Education Consultants, $1,000,000
Nurses, Therapists

Architects $1,000,000 or $2,000,000

Physicians and Medical Corporations $5,000,000

Failure to maintain professional liability insurance is a material breach of this Agreement and the WAL and
grounds for immediate termination

II. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
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ND#4819-2103-6308 Exhibit C page 2 Consultant Services Agreement


A. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the
coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in
coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been
given to District

B. General Liability, Automobile Liability, and Abuse/Molestation Coverages.

(1) District, and its respective elected and appointed officers, officials, employees and
volunteers are to be covered as additional insureds (collectively, additional insureds) as respects the following:
liability arising out of activities and/or Services Consultant performs; products and completed operations of
Consultant; premises owned, occupied or used by Consultant; automobiles owned, leased, hired or borrowed by
Consultant, and Abuse/Molestation. The coverage shall contain no special limitations on the scope of protection
afforded to additional insureds.

(2) Each policy shall state that the coverage provided is primary and any insurance carried by
any additional insured is in excess to and non-contributory with Consultants insurance.

(3) Consultants 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.

(4) Any failure to comply with the reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to any additional insured.

III. Other Requirements. Consultant agrees to deposit with District, at or before the effective date of this
Agreement and the WAL, certificates of insurance necessary to satisfy District that the insurance provisions of this
Agreement have been complied with. District may require that Consultant furnish District with copies of original
endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. District reserves the right to inspect complete,
certified copies of all required insurance policies, at any time.

A. If any Services are performed by a subcontractor, Consultant shall furnish certificates and
endorsements from each subcontractor identical to those Consultant provides.

B. Any deductibles or self-insured retentions must be declared to and approved by District. At the
option of District, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
District or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses
and claims.

C. The procuring of any required policy or policies of insurance shall not be construed to limit
Consultants liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.


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ND#4819-2103-6308 Exhibit D page 1 Consultant Services Agreement

EXHIBIT D
TO AGREEMENT FOR CONSULTANT SERVICES #13-131
CONFLICT OF INTEREST CHECK

Bylaws of the Board 2030(C)E requires that the Superintendent or a designee make a determination, on a case by
case basis, concerning whether disclosure will be required from a consultant to comply with Districts Conflict of
Interest Code (commencing with Bylaws of the Board 2030 BB).

Consultants are required to file disclosures when, pursuant to a contract with District, Consultant will make certain
specified government decisions or will perform the same or substantially the same duties for District as a staff
person would.


The services to be performed by Consultant under the Agreement to which this Exhibit D is attached [] constitute
[X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code.
Therefore, Consultant, [] is [X] is not subject to disclosure obligations.


Date:

By:
Lisa A. Franz
Director, Purchasing


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ND#4819-2103-6308 Exhibit E page 1 Consultant Services Agreement

EXHIBIT E
TO AGREEMENT FOR CONSULTANT SERVICES #13-131

BACKGROUND CHECK AND FINGERPRINTING PROCEDURES
FOR CONTRACTORS

The successful Bidder will be required to assure that its employees, subcontractors of any tier, material
suppliers, and consultants do not have direct contact with the Districts students during the performance
of the Contract in compliance with Education Code 45125.1 and 45125.2. To assure these provisions,
the successful Bidders supervisor shall be fingerprinted, and proof of same shall be provided to the
District prior to start of on-site work. The supervisor will monitor the workers conduct while on school
grounds. In addition, the successful Bidder shall barricade the Work area to separate its workers from the
students. Costs associated with this process are the responsibility of the successful Bidder.

The Contractors construction supervisors or their unsupervised employees who will be working outside
of fenced areas during the school hours must have submitted a fingerprint identification card to the
Department of J ustice (DOJ ) and have a proof of clearance in the form of an affidavit filed in the Oxnard
School Districts Purchasing Office prior to the start of the Work.

California Education Code 45125.1 and 45125.2 require that criminal checks be completed for
contractors (Contracting Firm) who provide architectural, construction, janitorial, administrative,
landscape, transportation, food-related, or other similar services to school districts.

The undersigned does hereby certify to the Board of Trustees of the Oxnard School District as follows:

That I am a representative of the Contractor currently under contract (Contract) with the District; that I
am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on
behalf of Contractor.

Contractor certifies that it has taken the following actions with respect to the construction Project that is
the subject of the Contract:

1. Pursuant to Education Code 45125.2, Contractor has installed or will install, prior to
commencement of Work, a physical barrier at the Work Site, which will limit contact between
Contractors employees and District pupils at all times (mandatory for all Projects); AND

2. The Contractor has complied with the fingerprinting requirements of Education Code 45125.1
with respect to all Contractors employees and all of its subcontractors employees who may have contact
with District pupils in the course of providing services pursuant to the Contract, and the California
Department of J ustice has determined that none of those employees has been convicted of a felony, as that
term is defined in Education Code 45122.1. A complete and accurate list of Contractors employees and
of all its subcontractors employees who may come in contact with District pupils during the course and
scope of the Contract is attached hereto; AND/OR

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ND#4819-2103-6308 Exhibit E page 2 Consultant Services Agreement

3. Pursuant to Education Code 45125.2, Contractor certifies that all employees will be under the
continual supervision of, and monitored by, an employee of the Contractor who the California Department
of J ustice has ascertained has not been convicted of a violent or serious felony. The name and title of
each employee who will be supervising Contractors employees and its subcontractors employees is:

Name: _____________________________________

Title: ______________________________________

AND/OR

4. The Work on the Contract is at an unoccupied school site and no employee and/or subcontractor or
supplier of any tier of Contract shall come in contract with District pupils.

Contractors responsibility for background clearance extends to all of its employees, Subcontractors, and
employees of Subcontractors coming into contact with District pupils regardless of whether they are
designated as employees or acting as independent contractors of the Contractor.

Date: _________

Proper Name of Contractor: ______________________________________

Signature: _________________________

By: ______________________________________

Its: ______________________________________
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ND#4819-2103-6308 Exhibit F page 1 Consultant Services Agreement

EXHIBIT F
TO AGREEMENT FOR CONSULTANT SERVICES #13-131

SCOPE OF SERVICES CEQA/DTSC COMPLIANCE

The CEQA/DTSC Compliance Consultants Scope of Work includes, but is not limited to, the
following:
Consultant shall ensure that the project sites are thoroughly studied and analyzed regarding environment
impact and presence of toxins, and that all required mitigation and abatement requirements are fully
identified and filed with the State of California. All work by this consultant must be performed in
accordance with Division of State Architect (DSA), California Department of Education (CDE),
California Department of Toxic Substances Control (DTSC), California Environmental Quality Act
(CEQA), California Occupational Safety and Health Administration (Cal-OSHA), and all other agencies
having jurisdiction.

a. Confirmation of categorical exemption status and/or required environmental reporting of assigned
projects.
b. Preparation and public review of an Initial Study and Mitigated Negative Declaration to fulfill the
environmental review requirements under CEQA, including adoption of final IS/MND, Mitigation
Monitoring & Reporting Program, and Findings as required under CEQA and CA Ed. Code 17213;
c. Preparation of a Phase I Environmental Site Assessment as the initial task to comply with
California Department of Toxic Substances Control (DTSC) and California Department of
Education (CDE) requirements; and
d. Completion of a school siting safety screening evaluation as required by CDE for new school site
acquisition.

1. Project Initiation:
a. Following the assignment of the project and approval of work authorization, the consultant shall
meet with District representatives to discuss project compliance with the California Environmental
Quality Act (CEQA) and DTSC requirements. The meeting agenda shall include the following
items:
i. Introduction of District staff and consultant's representatives who will perform the work
ii. Discussion of potentially significant environmental issues, emphasis on controversial issues
iii. Discussion of preliminary calendar of events
iv. Discussion of preliminary distribution list for notices and CEQA documents
v. Discussion of preliminary budget

2. Calendar of Events:
a. The consultant shall provide the District with a proposed calendar of events that show the following:
i. Date due
ii. Date complete
iii. Description of event
iv. Responsible party
v. Related documents and activities
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ND#4819-2103-6308 Exhibit F page 2 Consultant Services Agreement

3. DTSC Compliance:
a. Coordination & correspondence with DTSC.
b. Completion of Phase I Environmental Site Assessment (ESA) in accordance with ASTM standard
1527-05, including records review, site reconnaissance, interviews, and report preparation. ESA
shall also include all requirements per DTSC Draft School Environmental Assessment Manual
(SEAM) published August 2008 or per updated documents published more recently.
c. Coordination with DTSC for review of ESA
d. Completion of a draft PEA work plan to expedite DTSC review process.
e. Completion of Phase II Sampling Program, as required by DTSC, and completion of the
Preliminary Environmental Assessment (PEA)
f. Coordination & Correspondence with the California Dept. of Education (CDE) to ensure
compliance with CDE site safety checklist, completion of all required CDE forms and all other
CDE site approval requirements, including but not limited to:
i. High Voltage Power Transmission Lines
ii. Airports
iii. Hazardous Air Emissions and Facilities Within a Quarter Mile
iv. Railroads
v. Pressurized Gas, Gasoline, or Sewer Pipelines
vi. High-Pressure Water Pipelines, Reservoirs, Water Storage Tanks
vii. Major Roadways
viii. Tsunami, Flood, and Dam Inundation
ix. EMF Frequencies

4. Initial Study/Notice of Preparation/Scoping Meeting:
a. The consultant shall prepare a comprehensive project description which will form the basis for
environmental evaluation under CEQA.
b. The consultant shall analyze the project and prepare a Draft Initial Study (IS) to identify
potentially significant environmental issues.
i. The Initial Study shall include:
Introduction & Environmental Setting Purpose of study & general description of existing
geographic character and immediate site vicinity.
Environmental Impact Analysis Prepared per CEQA environmental checklist form. Where
possible, impacts to be quantified or reasonable assumptions will be declared to forecast
potential impacts. Standard mitigation measures will be incorporated.
c. The consultant shall incorporate the IS into a notice of preparation (NOP) of CEQA documents for
circulation among the public.
d. The consultant shall prepare a proposed distribution list for CEQA documents.
e. The consultant shall facilitate one or more scoping meetings.
f. The consultant, subsequent to closure of the 30 day NOP review period, shall prepare a
memorandum to the District summarizing the issues raised during the review period, including
scoping meetings. The memorandum shall identify those issues that should be incorporated into
the CEQA documents. The consultant shall recommend to the District whether additional analysis,
outside of this scope of work, is necessary to address any issue.


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ND#4819-2103-6308 Exhibit F page 3 Consultant Services Agreement

5. Negative Declaration:
a. Should the District and the consultant conclude that the preparing of a negative declaration meets
the requirements of CEQA, the consultant shall prepare and circulate the negative declaration to
responsible government agencies, interested parties and the public for comment.
b. The consultant shall prepare proposed written responses to comments by responsible government
agencies, interested parties and the public for the District's review. The consultant shall distribute
the District approved written responses to the persons and entities on the distribution list.

6. Mitigated Negatives
a. Should the District and the consultant conclude that the preparing of a mitigated negative
declaration (MND) is necessary to meet the requirements of CEQA, the consultant shall prepare
the MND and recommended mitigation measures and a mitigation monitoring and reporting plan
to reduce project impacts to below a level of significance and distribute same to responsible
government agencies, interested parties and the public for comment.
b. The Consultant shall facilitate publication/posting, circulation, and distribution to commenting
agencies and interested groups/individuals, including preparation & distribution of Notice of
Availability, and preparation of newspaper publication notices. All publication to be in
accordance to CEQA guidelines section 15072.
c. The consultant shall prepare and circulate written responses to comments by responsible
government agencies, interested parties and the public.

7. Environmental Impact Report:
a. Should the District and the consultant conclude that an environmental impact report (EIR) is
necessary to meet the requirements of CEQA, the consultant shall prepare a Draft EIR. The Draft
EIR shall incorporate relevant parts of technical studies such as the Preliminary Endangerment
Assessment (PEA), geological reports, historical resources evaluations and investigative reports
about developed and undeveloped real property contiguous to the project in addition to the
following topics:
i. Aesthetics. Light and glare generated by the project from athletic fields, parking lots and
security lights that may have significant impacts on surrounding real property and, if the real
property has been developed as residential, the residential character of the area. The consultant
shall use the conceptual site plan to determine the location of school facilities and potential
light and glare impacts to the surrounding areas.
ii. Agriculture Resources. The EIR shall account for the existing use or past use of the project site
for agricultural purposes.
iii. Air Quality. The consultant shall prepare a technical air quality analysis consistent with the
requirements of the South Coast Air Quality Management District (SCAQMD). All technical
calculations shall be provided as an appendix to the EIR. Background traffic volumes and level
of service calculations developed as part of the traffic/circulation analysis shall be used in
preparing this technical analysis. The analysis shall describe ambient air quality and evaluate
construction emissions, regional emissions, and local carbon monoxide emissions, consistent
with CEQA air quality analysis standards.
iv. Biological Resources. The EIR shall account for sensitive biological resources on the project
site and if there are whether the project has the potential to cause impacts to biological
resources.
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ND#4819-2103-6308 Exhibit F page 4 Consultant Services Agreement

v. Cultural/Paleontological Resources. The EIR shall contain a summary of historic resources
evaluation findings. A report of historic resources evaluation shall be included in the EIR as an
appendix. This EIR section shall include discussion of possible archaeological and
paleontological resources, if any.
vi. Geology and Soils. The EIR shall contain a summary of the geology and soils investigation
report. A copy of the geology and soils investigation report shall be included in the EIR as an
appendix.
vii. Hazards and Hazardous Materials. The EIR shall contain a summary of the hazards
investigations report. A copy of the hazards investigations report shall be included in the EIR as
an appendix.
viii. Hydrology and Water Quality. The EIR shall contain a summary of the hydrology or water
quality report. A copy of the hydrology or water quality report shall be included in the EIR as
an appendix.
ix. Land Use and Planning. The EIR shall contain findings by the consultant of whether the project
is consistent with the general plan of each jurisdiction within which the project site is located.
x. Noise
The EIR shall contain a technical noise analysis prepared by the consultant that shall
identify the impacts, if any, on sensitive land uses adjacent to the proposed project site.
This report shall be summarized in the EIR and attached to the EIR as an appendix. This
report shall take into consideration background daily traffic volumes, including existing
and future baseline condition vehicular trips and project daily trip generation from the
traffic/circulation analysis, shall be used in preparing this technical analysis.
The noise analysis shall address the baseline noise conditions and shall provide a
quantitative analysis of construction noise, as well as operational noise generated by
vehicle traffic and athletic field events. Mitigation measures shall be recommended to
reduce impacts to below a level of significance.
xi. Population and Housing
The EIR shall contain a description of the current population, housing, and employment
characteristics for the jurisdiction in which the project site is located based on data from
the jurisdiction's general plan or more recent Southern California Association of
Governments (SCAG) projections, or most recent census data.
The consultant shall characterize the District's student enrollment characteristics and
projections based on the District's Facilities Master Plan. The consultant shall evaluate
these characteristics, how they are affected by the proposed project, how they relate to the
controlling jurisdiction's general plan land use designations for the project site, and the
levels of development allowed under the current designation.
xii. Public Services and Utilities
The EIR shall contain an evaluation of the project's requirement for the extension of
infrastructure to the project site for all required utilities such as water, electricity,
telecommunications and sewerage.
The EIR shall contain an evaluation of the age and condition of existing infrastructure in
the vicinity of the project site for all required utilities such as water, electricity,
telecommunications and sewerage and a determination of whether substantial
improvements to that infrastructure may be necessary and should be evaluated.
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ND#4819-2103-6308 Exhibit F page 5 Consultant Services Agreement

In addition to responses provided during the NOP review period, existing purveyors of
public services and utilities shall be contacted by the consultant to ascertain the location
and capacity of their facilities, to identify expansion plans, and to identify potential
demand by the proposed project. Based on discussions with service providers, the
consultant shall determine potential project impacts and identify mitigation.
The EIR shall include an analysis of the existing recreational facilities in the area of the
project site.
xiii. Vehicular Traffic Volume and Circulation. The Draft EIR shall contain a Traffic Impact
Analysis (TIA) for the project prepared by the consultant that shall be summarized in the body
of the Draft EIR. The report shall be included as an appendix to the EIR. The TIA report shall
analyze on-site vehicular and pedestrians circulation as well as impacts to the surrounding street
system. The TIA report shall take into consideration any vacation of streets. Mitigation
Monitoring and Reporting Plan. The Draft EIR shall include a mitigation monitoring and
reporting plan as an appendix to the EIR.

xiv. Documents Mandated by CEQA. The EIR shall contain the following CEQA mandated
findings in addition to the requirements outlined above:
Cumulative impacts
Growth inducing impacts
Any significant irreversible environmental changes that, would be involved in the
proposed action should it be implemented
Unavoidable adverse impacts
Alternatives Analysis - the consultant, based on information provided by the District shall
provide an alternative analysis of possible project alternatives that were considered in
addition to the required No Project Alternative.
xv. Executive Summary. The Draft EIR shall include a reader friendly, non-technical executive
summary.
xvi. Mitigation Monitoring and Reporting Plan. The Draft EIR shall include a mitigation monitoring and
reporting plan as an appendix to the EIR.

8. Review of Draft EIR by District Prior to Circulation:
a. The consultant shall meet in a workshop format with the District's staff to discuss comments on
the Draft EIR received during the public review period. This meeting will provide a forum to
resolve all issues in an expedited manner the objective being to avoid multiple rounds of review,
correction, and re-review by the District and the consultant.
b. Following the meeting referred to above, the consultant shall make revisions to the document and
it's supporting technical studies. After revising the Draft EIR, the consultant shall prepare an
executive summary, which shall consist of a tabular summary of project impacts and mitigation
measures and a determination of each impact's significance following mitigation. The executive
summary shall contain a brief project description, controversial issues to be resolved, and a brief
description of project alternatives.




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ND#4819-2103-6308 Exhibit F page 6 Consultant Services Agreement

9. Response to Comments on EIR During Public Review Period:
a. During the public review period, the consultant shall log in the comments and shall review the
comments on the Draft EIR as they are received by the consultant.
b. The consultant shall prepare proposed responses to comments on the Draft EIR in a style that is
reader friendly, non-technical and communicates effectively to the public. All comments on the
Draft EIR shall be considered for responses whether or not the subject of the comment is required
in the Draft EIR. The consultant may recommend to the District the appropriate person/entity to
prepare draft responses to comments on the Draft EIR.

10. Resolution; Findings of Fact; Statement of Overriding Considerations:
a. The consultant shall prepare Findings of Fact that support the conclusions of the proposed Final
EIR.
b. The consultant shall prepare the related resolution for adoption by the Board of Education that
certifies that the Final EIR as adequate and complete.
c. If the proposed Final EIR identifies significant unavoidable impacts, the consultant shall prepare a
Statement of Overriding Considerations.
d. The Finding of Fact and the Statement of Overriding Considerations shall be such that they meet
the requirements of Sections 15091 through 15093 of the State CEQA Guidelines, and fully
address all facts and findings, project benefits, and project impact and benefit balancing
considerations required of a statement of overriding considerations

11. Advertisement of Documents and Entering CEQA Documents into Public Records:
a. Consultant shall be responsible for the timely advertising and distribution of all public notices and
other documents related to project compliance with CEQA.
b. Consultant shall be responsible for the timely filing of CEQA documents with government
agencies such as the State Clearinghouse, County Recorder and Clerk of the Board of Supervisors
to enter the documents into the public record. If time is of the essence in the filing of CEQA
documents, consultant shall, as a reimbursable expense, advance filing fees and reasonable costs.

12. Project Management and Attendance at Progress Meetings:
a. The consultant shall assume an active project management role. The consultant shall attend
various project meetings and communicate and coordinate with government agencies, interested
parties and the public as is typically required by the CEQA compliance process for similar projects
and as requested by the District.
b. The consultant shall be responsible for developing the work schedule, keeping the process on
schedule and keeping the process within budget.
c. The consultant's project manager shall establish and maintain ongoing verbal communication with
the District. Additionally, the project manager shall prepare any writings requested by the District.
d. In addition to those meetings shown in the work schedule, the consultant shall attend other
meetings as may be requested by the District. Consultant's representatives at meetings shall be
competent to address issues reasonably contemplated to be discussed among attendees.

13. Progress Reports:
a. A progress report shall accompany the monthly invoice that shows the following:
i. Summary of work completed during the previous month as it relates to the work schedule
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ND#4819-2103-6308 Exhibit F page 7 Consultant Services Agreement

ii. Summary of work to be completed during the current month as it relates to the work schedule
iii. Discussion of problem areas or project issues.

14. Reports:
As part of the Services, Consultant will prepare and deliver the following tangible work products to
District:
a. All progress reports, studies, final reports, and other documentation as indicated above, or as
required by CEQA, DSA, DTSC, or any other agency having jurisdiction.
b. Proof of all required submittal/filing of environmental studies and reports to the State of
California.
c. Completion of all required resolutions, adoptions, approval forms, etc. to ensure that
environmental studies are duly accepted by the Board of Trustees and filed with appropriate local
& state agencies.
d. Completion of a school siting safety screening evaluation as required by CDE for new school site
acquisition, and preparation of CDE required documentation for site approval application
submittal.

15. Time
NTP + 7 days: Consultant shall submit to the District a comprehensive calendar of services, studies, and
analyses required to complete the CEQA/DTSC environmental reporting requirements, as indicated in the
Calendar scope section above.
NTP + 30 days: Consultant shall submit to the District draft Phase I ESA document.
NTP + 45 days: Consultant shall submit draft IS/MND report for District review.
NTP + 60 days: Consultant shall submit confirmation of completion of 30-day DTSC review cycle.
NTP + 90 days: Consultant shall submit final Phase I ESA incorporating all DTSC comments &
revisions.
NTP + 120 days: Consultant shall complete the entire IS/MND process, including publication of final
IS/MND report, 30-day public comment period, and preparation of draft Phase I ESA.
Final Phase I ESA + 90 days: Consultant shall submit, and confirm final DTSC approval of PEA report.

All required public posting guidelines and other timelines are to be considered and incorporated within
the above milestones to the extent possible. In no way are the required dates above intended to supersede
legal posting requirement for public review, public comment, or other required review periods.

16. Accuracy Standards
Precision of the all required reports and recommendations shall be in accordance with the professional
standard of care to be expected of professional CEQA/DTSC consultants licensed to practice in the State
of California.

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ND#4819-2103-6308 Exhibit G page 1 Consultant Services Agreement

EXHIBIT G
TO AGREEMENT FOR CONSULTANT SERVICES #13-131

INVOICE APPROVAL LETTER & BILLING COVER SHEET

DATE:
Project No.___: [INSERT PROJECT NAME]
Consultant: Rincon Consultants, Inc. (Rincon)

Rincon has submitted Invoice No. _________ for review by the Districts Program Manager, Caldwell
Flores Winters, Inc. (CFW), and Assistant Superintendent of Business Services, Lisa Cline.

By signing below, a representative of Rincon, hereby certifies that the invoice submitted is a true and
accurate reflection of the work performed to date, is an accurate representation of the percent work
completed for the phase identified in the invoice, and that the invoice submitted does not include any
charges for services that have been previously paid, or rejected by the District and/or CFW.



Rincon Consultants, Inc. Date


The invoice has been reviewed by the following and is recommended for payment:



Caldwell Flores Winters, Inc. Date




Oxnard School District Date
Lisa Cline, Assistant Superintendent,
Business and Fiscal Services
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ND#4819-2103-6308 Exhibit G page 2 Consultant Services Agreement

















































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ND#4819-2103-6308 Exhibit G page 3 Consultant Services Agreement


Agreement #13-132
OXNARD SCHOOL DISTRICT
AGREEMENT FOR CONSULTANT SERVICES
(MASTER AGREEMENT CEQA/DTSC COMPLIANCE)

This Agreement for Consultant Services (Agreement) is entered into as of this 13
th
day of November,
2013 by and between the Oxnard School District (District), with offices located at 1051 South A Street, Oxnard,
CA 93030, and Tetra Tech, Inc. (Consultant) with a business address at 5383 Hollister Avenue, Suite 130, Santa
Barbara, CA 93111. District and Consultant are sometimes hereinafter individually referred to as Party and
hereinafter collectively referred to as the Parties.
RECITALS
A. District is authorized by California Government Code Section 53060, and Board Policy 4368, to
contract with independent contractors for the furnishing of services concerning financial, economic, accounting,
engineering, legal, administrative and other matters. District has sought, by issuance of a Request for
Qualifications, the performance of certain services, with the precise scope of work to be specified at the time of
assignment of work.
B. Following submission of a Statement of Qualifications for the performance of services, Consultant
was prequalified by District to perform services on behalf of District that may be assigned, or not assigned, at the
Districts sole discretion.
C. The Parties desire to formalize the prequalification of Consultant for performance of services and
desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and
contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties
agree as follows:
1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all exhibits attached to this
Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein.
2. Master Agreement. This Agreement sets forth the basic terms and conditions between District and
Consultant. It may be supplemented from time to time with an individual Work Authorization Letter
(WAL) which shall be considered an amendment to this Agreement, and which shall be subject to all
the terms and conditions of this Agreement, and any further terms and conditions as set forth in the
WAL.
3. Scope of Services. The scope of Services to be assigned to Consultant pursuant to a WAL is further
defined in Exhibit F Scope of Services, wherein the general responsibilities of Consultant are
described pursuant to the discipline(s) for which the Consultant has been deemed prequalified by
District as described in this Agreement.
4. Agreement, Scope of Work, and Assignment of Projects. District may, from time to time, and at the
sole discretion of District, assign to Consultant specific services to be performed by Consultant (the
Services) pursuant to a WAL. The WAL assignment procedure and associated forms are set forth in
Exhibit A, which is attached hereto. This Agreement, together with the WAL, sets forth the terms and
conditions pursuant to which Consultant will perform such Services on behalf of District. The WAL
ND#4819-2103-6308 Consultant Services Agreement 2
shall particularize and describe, among other things, such project(s) for which Consultant is to perform
Services, such Services to be performed by Consultant at such project(s), the timeline for the
performance of such Services, and the compensation to be paid to Consultant for the performance of
such Services.
5. Term of Agreement. Subject to earlier termination as provided below, this Agreement shall remain in
effect from November 13, 2013 through November 12, 2018 (the Term). This Agreement may be
extended only by amendment, signed by the Parties, prior to the expiration of the Term. Such
agreement for extension shall be based upon the showing of good and sufficient cause by Consultant
that such extension(s) shall be granted. District shall not be obligated to compensate Consultant for
any additional costs if such an extension has been granted to this Agreement. Any provision for
additional compensation shall be accommodated via the WAL process as indicated in Exhibit A.
6. Time for Performance. The scope of the Services set forth in the WAL shall be completed during the
Term pursuant to the schedule specified in the WAL. If Services indicated in the WAL cannot be
completed within the schedule set forth in the WAL, or if the schedule exceeds the Term of this
Agreement, it is the responsibility of Consultant to notify District at least ninety (90) days prior to the
expiration of either, with a request for a time extension clearly identifying the cause(s) for the failure to
complete the Services within the schedule and/or the Term. Should Consultant fail to provide such
notice, and/or the Services not be completed pursuant to that schedule or within the Term, Consultant
shall be deemed to be in Default as provided below. District, in its sole discretion, may choose not to
enforce the Default provisions of this Agreement and may instead allow Consultant to continue
performing the Services.
7. Additional Services. Additional Services are services in addition to the Services set forth in the WAL
that are provided by Consultant pursuant to a written request by District. Additional Services will
require a written request or pre-authorization in writing by District following specific approval of such
services by the District Board of Trustees. It is understood and agreed that Consultant shall not
perform any Additional Services unless and until Consultant receives specific written approval for such
Additional Services from the District Board of Trustees. Any modification of the compensation to be
paid to Consultant as a result of Additional Services must be specifically approved in writing by the
District Board of Trustees. In the event that the District Board of Trustees approves in writing a
modification of the compensation, then Consultant shall be paid for such Additional Services pursuant
to Section 8, below. However, it is understood and agreed that if the cause of the Additional Services
is the sole or partial responsibility of Consultant, its agents, or any subconsultants or other parties under
the charge of Consultant, no additional compensation shall be paid to Consultant. If such conditions
exist so as to justify Additional Services as indicated above, which require additional compensation or
time in order to be performed, it is the sole responsibility of Consultant to submit a request for
Additional Services within ten (10) days of Consultants discovery of such conditions which require
Additional Services. It is understood and agreed that if Consultant performs any services that it claims
are Additional Services without receiving prior written approval from the District Board of Trustees,
Consultant shall not be paid for such claimed Additional Services.
8. Compensation and Method of Payment. This Agreement does not guarantee that District will issue a
WAL to Consultant nor does this Agreement guarantee any compensation to Consultant. This
Agreement does not create any obligation on the part of District to compensate Consultant absent a
WAL indicating compensation due to Consultant once Services are performed. Specific compensation
and payment amounts, including approved reimbursable expenses, shall be set forth in the WAL.
However, it is understood and agreed that the compensation to be paid to Consultant shall not be in
excess of or exceed the rates set forth in Exhibit B Compensation.
ND#4819-2103-6308 Consultant Services Agreement 3
a. Each month Consultant shall furnish to District an original invoice for all work performed and
expenses incurred during the preceding month for Services performed pursuant to a WAL. The invoice
shall clearly indicate the assigned project, the approved WAL, and shall detail charges by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts.
Sub-consultant charges, if any, shall be detailed by the following categories: labor, travel, materials,
equipment and supplies. District shall independently review each invoice submitted by Consultant to
determine whether the work performed and expenses incurred are in compliance with the provisions of
this Agreement and the WAL. In the event that no charges or expenses are disputed, the invoice shall
be approved and paid according to the terms set forth in subsection b. In the event any charges or
expenses are disputed by District, the original invoice shall be returned by District to Consultant for
correction and resubmission.
b. Except as to any charges for work performed or expenses incurred by Consultant which are
disputed by District, District will use its best efforts to cause Consultant to be paid within forty-five
(45) days of receipt of Consultants correct and undisputed invoice.
c. Payment to Consultant for work performed pursuant to this Agreement and a WAL shall not be
deemed to waive any defects in work performed by Consultant.
9. Responsibilities of Consultant:
a. Consultant shall perform all Services as indicated in this Agreement and the WAL to the
satisfaction of District.
b. The specific Services of Consultant to be performed shall be indicated in the WAL.
c. Consultant hereby represents and warrants that (a) it is an experienced consultant in the
discipline(s) identified in Exhibit F, having the skill and the legal and professional ability and the
flexibility necessary to perform all of the Services required under this Agreement; (b) it has the
capabilities and resources necessary to perform its obligations hereunder; (c) it is familiar with all
current laws, rules, regulations and other restrictions which are and may become applicable to the
scope of Services under this Agreement, including but not limited to all local ordinances, building
codes, and requirements of all Authorities Having J urisdiction (AHJ ) including but not limited to the
Division of State Architect (DSA), the Office of Public School Construction (OPSC), the State
Facilities Planning Division (SFPD), California Department of Education (CDE), the California
Department of General Services (DGS), the Department of Toxic Substances Control (DTSC), the
California Environmental Quality Act (CEQA), Title 24 of the California Code of Regulations, the
California Education Code, State and Local Fire Authorities, air quality districts, water quality and
control boards, and any/all other AHJ ; (d) that it will assume full responsibility for all Services
performed and all work prepared and furnished to District by its employees, agents, and subconsultants;
(e) that it has sufficient financial strength and resources to undertake and complete the Services
provided for under this Agreement within the schedule set forth in the WAL; and (f) that it certifies and
covenants that all reports, certifications, studies, analyses, and other documents prepared by Consultant
shall be prepared in accordance with all applicable laws, rules, regulations, and other requirements in
effect at the time of their preparation, or required at their time of submittal to District and or agencies.
d. Consultant shall follow accepted industry standards and practices and comply with all federal,
state, and local laws and ordinances applicable to the Services required by this Agreement and the
WAL.
10. Responsibilities of District.
ND#4819-2103-6308 Consultant Services Agreement 4
a. District will prepare and furnish to Consultant upon Consultants request, such information as is
reasonably necessary to the performance of the Services required under this Agreement and the WAL.
Consultant understands that all information provided to Consultant remains the property of District and
shall only be removed from Districts possession/premises and/or be photocopied, reproduced,
distributed, or otherwise made available to others if such activities are expressly approved in writing by
District and/or the Program Manager. Failure to comply with the above requirements shall be
reasonable cause for termination of this Agreement, and may subject Consultant to liability for
damages to District.
b. If needed by Consultant, District shall provide information as to the requirements and educational
program for each project assigned by a WAL, including approved budget and schedule limitations.
c. District shall facilitate and coordinate cooperation amongst and between District consultants,
including but not limited to architects, construction managers, surveyors, geotechnical engineers,
inspectors, testing laboratories, hazardous materials specialists, CEQA/DTSC compliance specialists,
technology experts, and any other professional consultants District deems necessary to execute the
Facilities Implementation Program. Such coordination shall include the distribution of documentation
prepared by individual consultants which may be of service to Consultant in the course of completing
the Services.
d. District shall facilitate and coordinate cooperation amongst and between District staff and
Consultant, as required to complete the Services.
e. District shall provide for the timely approval and execution of the WALs, Additional Services
requests, invoices, and any other documentation that requires District action in order for Consultant to
complete the Services.
11. Suspension. District may, for any reason or no reason, in Districts sole discretion, suspend all or a
portion of this Agreement, the WAL, or the Services by giving ten (10) calendar days written notice of
suspension to Consultant. In the event such notice is given, Consultant shall cease immediately all
work in progress. If District suspends the Services for a period of ninety (90) consecutive calendar
days or more and, in addition, if such suspension is not caused by Consultant or the acts or omissions
of Consultant, then if the Services are resumed, Consultants compensation shall be subject to
adjustment to provide for actual direct costs and expenses incurred by Consultant as a direct result of
the suspension and resumption by District of the Services.
12. Termination. This Agreement, the WAL, or the Services may be terminated at any time by mutual
agreement of the Parties or by either Party as follows:
a. District may terminate all or a portion of this Agreement, the WAL, or the Services without cause
at any time by giving ten (10) calendar days written notice of termination to Consultant. In the event
such notice is given, Consultant shall cease immediately all work in progress; or
b. District may terminate all or a portion of this Agreement, the WAL, or the Services for cause in the
event of a Default by giving written notice pursuant to Section 15, below; or
c. Consultant may terminate this Agreement or the WAL at any time upon thirty (30) calendar days
written notice if District fails to make any undisputed payment to Consultant when due and such failure
remains uncured for forty-five (45) calendar days after written notice to District.
13. Similar or Identical Services. In the event that this Agreement, the WAL, or any of the Services are
terminated in whole or in part as provided herein, District may procure, upon such terms and in such
ND#4819-2103-6308 Consultant Services Agreement 5
manner as District may determine appropriate, services similar or identical to those terminated to
complete any unfinished Services or new services as needed by District.
14. Inspection and Final Acceptance. District acceptance of any of work or Services, whether specifically
in writing or by virtue of payment, shall not constitute a waiver of any of the provisions of this
Agreement or the WAL including, but not limited to, indemnification and insurance provisions.
15. Default. Failure of Consultant to perform any Services or comply with any provisions of this
Agreement or the WAL constitutes a Default. District may terminate all or any portion of this
Agreement, the WAL, or the Services for cause in the event of a Default. The termination shall be
effective if Consultant fails to cure such Default within thirty (30) calendar days following issuance of
written notice thereof by District, or if the cure by its nature takes longer, fails to commence such cure
within thirty (30) calendar days from the date of issuance of the notice and diligently prosecutes such
cure to the satisfaction of District. If Consultant has not cured the Default, District may hold all
invoices and may choose to proceed with payment on said invoices only after the Default is cured to
Districts satisfaction. In the alternative, District may, in its sole discretion, during the period before
Consultant has cured the Default, elect to pay any portion of outstanding invoices that corresponds to
Services satisfactorily rendered. Any failure on the part of District to give notice of Consultants
default shall not be deemed to result in a waiver of Districts legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to Districts termination rights set forth above, District shall have (i) the right to cure
Consultants Default at Consultants cost, in which case all amounts expended by District in connection
with such cure shall accrue interest from the date incurred until repaid to District by Consultant at the
rate of ten percent (10%) per annum; and (ii) all other rights and remedies available to District at law
and in equity, including, without limitation, an action for damages. District shall have the right to
retain unpaid earned balances to offset damages, and/or charge Consultant for all damages above and
beyond unpaid balance of WAL.
16. Ownership of Documents. All maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any Services pursuant to this Agreement or the WAL
(collectively and individually, the Documents) shall become the sole property of District and may be
used, reused or otherwise disposed of by District without the permission of Consultant. Upon
completion, expiration or termination of this Agreement or the WAL, Consultant shall turn over to
District all such Documents.
17. Use of Documents by District. If and to the extent that District utilizes for any purpose not related to
this Agreement or the WAL any Documents, Consultants guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
18. Consultants Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultants performance of Services pursuant to this Agreement or the
WAL for a minimum of four years after termination or expiration of this Agreement and the WAL, or
longer if required by law. Such records shall include at minimum a detailed record of daily
performance, staff time records, subconsultants time records, documentation of all costs incurred by
Consultant that were billed to District, and detailed records of all Consultant fees, overhead, and profit
on earned amounts.
ND#4819-2103-6308 Consultant Services Agreement 6
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled
checks, or other documents or records evidencing or relating to work, services, expenditures and
disbursements charged to District pursuant to this Agreement or the WAL for a minimum of four years,
or longer if required by law, all in accordance with generally accepted accounting principles and with
sufficient detail so as to permit an accurate evaluation of the Services provided by Consultant pursuant
to this Agreement or the WAL.
b. Any and all such records or documents shall be made available for inspection, audit and copying, at
any time during regular business hours, upon request by District or its designated representative.
Copies of such documents or records shall be provided directly to District for inspection, audit and
copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such
documents and records shall be made available at Consultants address indicated for receipt of notices
in this Agreement.
c. District has the right to acquire custody of such records by written request if Consultant decides to
dissolve or terminate its business. Consultant shall deliver or cause to be delivered all such records and
documents to District within sixty (60) days of receipt of the request.

19. Independent Contractor. Consultant is retained as an independent contractor and is not employed by
District. No employee or agent of Consultant shall become, or be considered to be, an employee of
District for any purpose. It is agreed that District is interested only in the results obtained from the
Services under this Agreement and the WAL and that Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the Services required under this
Agreement and the WAL. Consultant shall complete this Agreement and the WAL according to its
own methods of work which shall be in the exclusive charge and control of Consultant and which shall
not be subject to control or supervision by District except as to results of the Services. Consultant shall
provide all of its own supplies, equipment, facilities, materials, manpower, and any/all other resources
that may become necessary in the course of completing the Services. It is expressly understood and
agreed that Consultant and its employees shall in no event be entitled to any benefits to which District
employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation,
workers compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultants employees wages, payroll taxes, employee benefits and any
amounts due for federal and state income taxes and Social Security taxes since these taxes will not be
withheld from payments under this Agreement or the WAL.
a. The personnel performing the Services under this Agreement and the WAL on behalf of Consultant
shall at all times be under Consultants exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultants
officers, employees, or agents are in any manner officials, officers, employees or agents of District.
b. Consultant shall have no authority to bind District in any manner, or to incur any obligation, debt
or liability of any kind on behalf of or against District, whether by contract or otherwise, unless such
authority is expressly conferred in writing by District, or under this Agreement.
20. Standard of Performance. Consultant represents and warrants that it has the skill, qualifications,
experience and facilities necessary to properly perform the Services required under this Agreement and
the WAL in a thorough, competent and professional manner. Consultant represents and warrants that
its employees and subcontractors have all legally required licenses, permits, qualifications and
approvals necessary to perform the Services and that all such licenses and approvals shall be
maintained throughout the term of this Agreement and the WAL. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all Services
ND#4819-2103-6308 Consultant Services Agreement 7
described herein and the WAL. In meeting its obligations under this Agreement and the WAL,
Consultant shall employ, at a minimum, the standard of care utilized by persons engaged in providing
services similar to those required of Consultant under this Agreement and the WAL for California
school districts in or around the same geographic area of District (the Standard of Performance).
21. Confidential Information. All information gained during performance of the Services and all
Documents or other work product produced by Consultant in performance of this Agreement and the
WAL shall be considered confidential (confidential information). Consultant shall not release or
disclose any such confidential information, Documents or work product to persons or entities other
than District without prior written authorization from the Superintendent of District and/or Program
Manager, except as may be required by law. Confidential information does not include information
that: (i) Consultant had in its possession prior to considering entering into this Agreement; (ii) becomes
public knowledge through no fault of Consultant; (iii) Consultant lawfully acquires from a third party
not under an obligation of confidentiality to the disclosing party; or (iv) is independently developed by
Consultant without benefit of the information provided by District. In connection with confidential
information:
a. Consultant shall promptly notify District if it is served with any summons, complaint, subpoena or
other discovery request, court order or other request from any party regarding this Agreement or the
WAL or the Services performed hereunder or the WAL.
b. District retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to
provide District with the opportunity to review any response to discovery requests provided by
Consultant; provided that this does not imply or mean the right by District to control, direct, or rewrite
said response.
22. Conflict of Interest; Disclosure of Interest. Consultant covenants that neither it, nor any officer or
principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of District or which would in any way hinder Consultants performance of the
Services under this Agreement or the WAL. Consultant further covenants that in the performance of
this Agreement and the WAL, no person having any such interest shall be employed by it as an officer,
employee, agent or subcontractor without the express written consent of District. Consultant agrees to
at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of
District in the performance of this Agreement and the WAL.
a. Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E, as hereinafter amended or renumbered,
require that a consultant that qualifies as a designated employee must disclose certain financial
interests by filing financial interest disclosures. By its initials below, Consultant (i) represents that it
has received and reviewed a copy of the Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E and
that it [____] does [X] does not qualify as a designated employee; and (ii) agrees to notify District, in
writing, if Consultant believes that it is a designate employee and should be filing financial interest
disclosures, but has not been previously required to do so by District.
______ (Initials)
23. Compliance with Applicable Laws. In connection with the Services and its operations, Consultant
shall keep itself informed of and comply with all applicable federal, state and local laws, statutes,
codes, ordinances, regulations and rules including, but not limited to, minimum wages and/or
prohibitions against discrimination, in effect during the Term. Consultant shall obtain any and all
licenses, permits and authorizations necessary to perform the Services. Neither District, nor any
ND#4819-2103-6308 Consultant Services Agreement 8
elected or appointed boards, officers, officials, employees or agents of District shall be liable, at law or
in equity, as a result of any failure of Consultant to comply with this section.
a. Without limiting the generality of the foregoing, Consultant, unless exempted, shall comply with
the requirements of Education Code Section 45125.1 with respect to fingerprinting of employees who
may have contact with Districts pupils. Consultant must complete Districts certification form,
attached herein as Exhibit E, prior to any of Consultants employees coming into contact with any of
Districts pupils. Consultant also agrees to comply with all other operational requirements of District,
as may be revised from time to time, including but not limited to any obligations relating to vaccination
or testing for infectious diseases.
______ (Initials)
24. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of
the Federal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seq., as amended, and in
connection therewith, shall not employ unauthorized aliens as that term is defined in 8 U.S.C.A.
1324a(h)(3). Should Consultant so employ such individuals for the performance of work and/or
Services covered by this Agreement or the WAL, and should any liability or sanctions be imposed
against District for such employment, Consultant hereby agrees to and shall reimburse District for the
cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys'
fees, incurred by District.
25. Non-Discrimination. Consultant shall abide by the applicable provisions of the United States Civil
Rights Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in
any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex,
sexual orientation, age, physical handicap, medical condition or marital status in connection with or
related to the performance of this Agreement or the WAL.
26. Disabled Veteran Business Enterprise Participation. Pursuant to Education Code section 17076.11,
District has a participation goal for disabled veteran business enterprises (DVBEs) of at least three (3)
percent, per year, of funds expended each year by District on projects that use funds allocated by the
State Allocation Board pursuant to the Leroy F. Greene School Facilities Act. Unless waived in
writing by District, Consultant shall provide proof of DVBE compliance, in accordance with any
applicable policies of District or the State Allocation Board, within thirty (30) days of its execution of
this Agreement
27. Assignment. The expertise and experience of Consultant are material considerations for this
Agreement and the WAL. District has an interest in the qualifications of and capability of the persons
and entities that will fulfill the duties and obligations imposed upon Consultant under this Agreement
and the WAL. In recognition of that interest, Consultant shall not assign or transfer this Agreement or
any portion of this Agreement or any portion of the WAL or the performance of any of Consultants
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by Districts Board of Trustees. Any attempted assignment shall be ineffective,
null and void, and shall constitute a material breach of this Agreement and the WAL entitling District
to any and all remedies at law or in equity, including summary termination of this Agreement and the
WAL.
28. Subcontracting. Notwithstanding the above, Consultant may utilize subcontractors in the performance
of its duties pursuant to this Agreement and the WAL, but only with the prior written consent of
District. Consultant shall be as fully responsible to District for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by Consultants subcontractors, as
if the acts and omissions were performed by Consultant directly.
ND#4819-2103-6308 Consultant Services Agreement 9
29. District Administrator. Lisa Franz shall be in charge of administering this Agreement on behalf of
District, (the Administrator) provided that any written notice or any consent, waiver or approval of
District must be signed by the Superintendent or a designated employee of District to be valid. The
Administrator has completed Exhibit D Conflict of Interest Check attached hereto.
30. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultants staff and subcontractors consistent with the staff proposed as part of the
Statement of Qualifications, if any, assigned to perform Services under this Agreement and the WAL.
a. Consultant shall provide District and the Administrator a list of all personnel and subcontractors
providing Services and shall maintain said list current and up to date at all times during the Term. The
list shall include the following information: (1) all full or part-time staff positions by title, including
volunteer positions whose direct services are required to provide the Services; (2) a brief description of
the functions of each such position and the hours each position works each week or, for part-time
positions, each day or month, as appropriate; (3) the professional degree, if applicable, and experience
required for each position; and (4) the name of the person responsible for fulfilling the terms of this
Agreement and the WAL.
31. Indemnification. To the fullest extent permitted by law, Consultant shall defend and indemnify
District and its officials, elected board members, employees and agents (Indemnified Parties) from
and against all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, its officers, employees, consultants, subcontractors, or agents, pursuant
to this Agreement and/or the WAL, but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of any of the Indemnified Parties.
a. Consultant agrees to obtain executed indemnity agreements with provisions identical to the above
from each and every subcontractor retained or employed by Consultant in the performance of this
Agreement and the WAL. Failure of District to monitor compliance with these requirements imposes
no additional obligations on District and will in no way act as a waiver of any rights hereunder.
Consultants obligation to indemnify and defend District as set forth above is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and the
WAL.
______ (Initials)
32. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit C Insurance and made a part of this
Agreement. All insurance policies shall be subject to approval by District as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the District
Superintendent.
33. Notices. All notices required or permitted to be given under this Agreement or the WAL shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and
return receipt requested, addressed as follows:
To District: Oxnard School District
1051 South A Street
Oxnard, California, 93030
Attention: Lisa Cline
Assistant Superintendent, Business & Fiscal Services
Re: [Insert Project Name]
ND#4819-2103-6308 Consultant Services Agreement 10
With electronic copy to: Caldwell Flores Winters, Inc.
Oxnard School District Program Manager
6425 Christie Ave., Suite 270
Emeryville, California 94608
Attention: Yuri Calderon
T: 510-596-8170
Email: ycalderon@cfwinc.com
To Consultant: Tetra Tech, Inc.
5383 Hollister Avenue, Suite 130
Santa Barbara, CA 93111
Attention: Randy Westhaus
T: (805) 681-3100
Email: randy.westhaus@tetratech.com
All notices, demands, or requests to be given under this Agreement or the WAL shall be given in writing
and conclusively shall be deemed received when delivered in any of the following ways: (i) on the date
delivered if delivered personally; (ii) on the date sent if sent by facsimile transmission and confirmation of
transmission is received; (iii) on the date it is accepted or rejected if sent by certified mail; and (iv) the date
it is received if sent by regular United States mail.
34. Excusable Delays. Neither Party will be liable to the other for unanticipated delays or failures in
performance resulting from causes beyond the reasonable control of that Party, including, but not
limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war,
governmental regulations, communications or utility failures, or casualties; provided that the delayed
Party: (i) gives the other Party prompt written notice of such cause; and (ii) uses its reasonable efforts
to correct such failure or delay in its performance. The delayed Party's time for performance or cure
under this section will be extended for a period equal to the duration of the cause or sixty (60) days,
whichever is less.
35. Entire Agreement; Binding Effect. This Agreement including Exhibits hereto, contains the entire
understanding of the Parties, and supersedes all other written or oral agreements. Consultant shall be
entitled to no other benefits other than those specified herein. No changes, amendments or alternations
shall be effective unless in writing and signed by both Parties and approved by Districts Board of
Trustees. Consultant specifically acknowledges that in entering into this Agreement, Consultant relied
solely upon the provisions contained in this Agreement and no others. This Agreement shall be
binding upon the heirs, executors, administrators, successors and assigns of the Parties.
36. Amendment. No changes, amendments to or modifications of this Agreement or the WAL shall be
valid, effective or binding unless made in writing and signed by both Parties and approved by the
Districts Board of Trustees. The Parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
37. Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement or the WAL shall
not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of
the provisions of this Agreement or the WAL shall not constitute a waiver of any other provision or a
waiver of any subsequent breach or violation of any provision of this Agreement or the WAL. None of
the provisions of this Agreement or the WAL shall be considered waived by either Party unless such
waiver is specifically specified in writing. Neither Districts review, approval of, nor payment for, any
of the Services required under this Agreement or the WAL shall be construed to operate as a waiver of
ND#4819-2103-6308 Consultant Services Agreement 11
any rights under this Agreement or the WAL, and Consultant shall remain liable to District in
accordance with this Agreement and the WAL for all damages to District caused by Consultants
failure to perform any of the Services to the Standard of Performance. This provision shall survive the
termination of this Agreement and the WAL.
38. Governing Law. This Agreement and the WAL shall be interpreted, construed and governed
according to the laws of the State of California. With respect to litigation involving this Agreement,
the WAL or the Services, venue in state trial courts shall lie exclusively in the County of Ventura,
California.
39. Severability. If any term, condition or covenant of this Agreement or the WAL is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement and the WAL shall not be affected thereby and the Agreement and WAL
shall be read and construed without the invalid, void or unenforceable provision(s).
40. Authority to Execute. The person or persons executing this Agreement on behalf of Consultant
represents and warrants that he/she/they has/have the authority to so execute this Agreement and to
bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, District and Consultant have executed and delivered this Agreement for
consultant services as of the date first written above.

OXNARD SCHOOL DISTRICT: TETRA TECH INC.:



Signature Signature

Lisa A. Franz, Director, Purchasing
Typed Name/Title Typed Name/Title


Date Date

Tax Identification Number: 95-6002318 Tax Identification Number:

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ND#4819-2103-6308 Exhibit A page 1 Consultant Services Agreement

EXHIBIT A
TO AGREEMENT FOR CONSULTANT SERVICES #13-132

WORK AUTHORIZATION PROCEDURES

1. Assignment of Work Authorization
1.1. Request For Proposal (RFP): At the sole discretion of District, one or more prequalified
professional services consultants shall be solicited with a Request For Proposal (RFP) for a
specific lump sum fixed fee proposal for defined Services to be complete within a defined timeline.
For a proposal to be valid it must clearly acknowledge the complete Services requested by District
and must include a lump sum fixed fee amount to complete all defined Services, a clearly defined
schedule for completion of Services which meets the required timeline defined by District and
shows final completion to occur within the Term of this Agreement.

1.2. Evaluation of Proposal: Districts Program Manager, in consultation with District, shall review each
proposal for validity, accuracy, competitiveness, and overall quality of the Services proposed to be
performed. In the case where more than one firm is solicited for a scope of defined Services, the
Program Manager shall evaluate each proposal thoroughly based on predetermined, objective
criteria to ensure a just and fair review of all proposals.

1.3. Selection of Consultant: Following evaluation of proposals, the consultant whose proposal exhibits
the best value for the benefit of District shall be recommended to the Superintendent for approval.

1.4. Work Authorization Letter (WAL): With the approval of the District Superintendent, the Program
Manager shall issue a Work Authorization Letter (WAL) to the selected consultant to perform the
defined Services as indicated in the RFP, for the lump sum fixed fee amount reflected in the
proposal, with all Services to complete within the timeline indicated in the RFP, and the Term set
forth in this Agreement. District retains the right to negotiate all terms of the WAL subsequent to
the receipt of proposal(s) in order to clarify the scope of Services, and/or make any adjustments to
the fee amount and required schedule prior to issuance of the WAL. The WAL shall be considered
a binding agreement, and amendment to this Agreement, once executed by Consultant, approved by
the District Board of Trustees, and executed by the Superintendent.

1.5. Performance of Services Set Forth in the WAL: Performance of Services set forth in the WAL shall
not commence until final approval by the District Superintendent and Board of Trustees, unless
expressly authorized by the District Superintendent and Program Manager. During the course of
completing the Services, Consultant shall comply will all provisions of this Agreement and the
WAL. All Services set forth in the WAL shall be completed within the schedule set forth in the
WAL.

1.6. Close Out of WAL Services: Upon completion of all Services required by the WAL, Consultant
shall submit all required close-out documentation, certifications, records, reports, warranties, and
any other information required or requested by District prior to submitting Consultants invoice for
final payment.

1.7. WAL Form: See next page for sample Work Authorization Letter.
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ND#4819-2103-6308 Exhibit A page 2 Consultant Services Agreement

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ND#4819-2103-6308 Exhibit B page 1 Consultant Services Agreement

EXHIBIT B
TO AGREEMENT FOR CONSULTANT SERVICES #13-132
COMPENSATION & RATE/FEE SCHEDULE

I. The following rates of pay shall apply in the performance of the Services under this Agreement and the
WAL:



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ND#4819-2103-6308 Exhibit B page 2 Consultant Services Agreement


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ND#4819-2103-6308 Exhibit B page 3 Consultant Services Agreement

II. Consultant may utilize subcontractors as permitted in the Agreement and the WAL. The hourly rate for
any subcontractor shall be consistent with the rate and fee schedule indicated in Section I above, unless
other direction is provided with written authorization from District Superintendent or his/her designee.

III. Claims for reimbursable expenses shall be documented by appropriate invoices and supporting receipts.
Consultant may be reimbursed for those reasonable out-of-pocket expenses set forth below that are
incurred and paid for by Consultant beyond the typical obligations under this Agreement and the WAL,
but only to the extent that such expenses are directly related to Services satisfactorily completed, are
approved by District in writing and do not cause the amounts paid to Consultant to exceed the amounts
allowed under this Agreement and the WAL. No mark-up of any expense is permitted. The following is
the EXCLUSIVE list of reimbursable expenses:

A. Travel and Mileage. Consultant must request the travel in writing and justify why the travel
should be reimbursed. Travel expenses must be approved in writing by District, in its sole discretion.
Trips from any Consultants office to Districts office or to the subject project site will not be
approved for reimbursement.

B. Reimbursable Reprographic Services. Print sets or copies requested in writing by District beyond
the quantities required under the WAL.

C. Fees for Subcontractors. Fees for subcontractors hired and paid by Consultant at the written
request of District and are permitted in the Agreement and the WAL.

D. Fees advanced for securing approval of public agencies having jurisdiction over any project
hereunder.

IV. Consultant shall provide to District a complete Schedule of Values (SOV), identifying major work
activities required to complete the authorized scope of work. All invoices must reflect the appropriate
progress percentage for each SOV item billed, to be verified by District. District will compensate
Consultant for the Services performed upon approval by District of a valid and complete invoice, in form
and substance acceptable to District. See Exhibit G for required Invoice Approval Form and Billing
Cover Sheet. The Billing Cover Sheet shall reflect the approved SOV. In connection with Services that
are only partially completed at the time an invoice is paid, notwithstanding any provision of the
Agreement, the WAL, or any other document, payment of the invoice does not constitute acceptance of
the partially completed work or Service. Each invoice is to include:

A. Billing Cover Sheet/SOV with all appropriate progress percentages identified toward completion of the
Services.
B. Acceptable back-up for billings shall include, but not be limited to:
a. Records for all personnel describing the work performed, the number of hours worked, and the
hourly rate, for all time charged to the Services.
b. Records for all supplies, materials and equipment properly charged to the Services.
c. Records for all travel pre-approved by District and properly charged to the Services.
d. Records for all subcontractor labor, supplies, equipment, materials, and travel properly charged
to the Services.

Unless otherwise directed by District, in writing, completed invoices are to be submitted to the attention of the
Director of Purchasing and the Assistant Superintendent, Business and Fiscal Services. To be considered complete,
the invoice packet shall include all back-up documentation required by District and sign-off from District staff,
Program Manager or project manager assigned by District to supervise the Services.
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ND#4819-2103-6308 Exhibit B page 4 Consultant Services Agreement


V. The total compensation for the Services shall be provided for in the WAL(s) issued subsequent to this
Agreement.

VI. Compensation Upon Termination. In the event that District suspends or terminates this Agreement, the
WAL or any of the Services pursuant to Section 11 or Section 12a of the Agreement, District will pay
Consultant as provided herein and the WAL for all Services and authorized Additional Work actually
performed, and all authorized reimbursable expenses actually incurred and paid, under and in accordance with
this Agreement and the WAL, up to and including the date of suspension or termination; provided that such
payments shall not exceed the amounts specified in the Agreement and the WAL as compensation for the
Services completed, plus any authorized Additional Work and authorized reimbursable expenses completed
prior to suspension or termination. No payment for demobilization shall be paid unless District at its sole
discretion determines that demobilization or other compensation is appropriate. After a notice of termination is
given, Consultant shall submit to District a final claim for payment, in the form and with certifications
prescribed by District. Such claim shall be submitted promptly, but in no event later than forty (40) calendar
days after the Termination Date specified on the notice of termination. Such payment shall be Consultants
sole and exclusive compensation and District shall have no liability to Consultant for any other compensation
or damages, including without limitation, anticipated profit, prospective losses, legal fees or costs associated
with legal representation or consequential damages, of any kind.
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ND#4819-2103-6308 Exhibit C page 1 Consultant Services Agreement


EXHIBIT C
TO AGREEMENT FOR CONSULTANT SERVICES #13-132


INSURANCE

I. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to District
Superintendent or District Counsel, in full force and effect throughout the Term of this Agreement and the WAL,
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, subcontractors, representatives and/or employees.
Insurance is to be placed with insurers authorized to conduct business in the State of California and with a current
A.M. Best's rating of no less than A, as rated by the current edition of Bests Key Rating Guide, published by A.M.
Best Company, Oldwick, New J ersey 08858. Consultant shall provide the following scope and limits of insurance:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability coverage of not less than two million dollars ($2,000,000)
aggregate and one million dollars ($1,000,000) per occurrence.

(2) Auto liability insurance with limits of not less than one million dollars ($1,000,000).

(3) Insurance coverage should include:

1. owned, non-owned and hired vehicles;
2. blanket contractual;
3. broad form property damage;
4. products/completed operations; and
5. personal injury.

(4) Workers' Compensation insurance as required by the laws of the State of California.

(5) Abuse and Molestation coverage of not less than two million dollars ($2,000,000) per
occurrence and five million dollars ($5,000,000) aggregate.

(6) Professional liability (Errors and Omissions) insurance, including contractual liability, as
appropriate to the Consultants profession, in an amount of not less than the following:

Accountants, Attorneys, Education Consultants, $1,000,000
Nurses, Therapists

Architects $1,000,000 or $2,000,000

Physicians and Medical Corporations $5,000,000

Failure to maintain professional liability insurance is a material breach of this Agreement and the WAL and
grounds for immediate termination

II. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
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ND#4819-2103-6308 Exhibit C page 2 Consultant Services Agreement


A. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the
coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in
coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been
given to District

B. General Liability, Automobile Liability, and Abuse/Molestation Coverages.

(1) District, and its respective elected and appointed officers, officials, employees and
volunteers are to be covered as additional insureds (collectively, additional insureds) as respects the following:
liability arising out of activities and/or Services Consultant performs; products and completed operations of
Consultant; premises owned, occupied or used by Consultant; automobiles owned, leased, hired or borrowed by
Consultant, and Abuse/Molestation. The coverage shall contain no special limitations on the scope of protection
afforded to additional insureds.

(2) Each policy shall state that the coverage provided is primary and any insurance carried by
any additional insured is in excess to and non-contributory with Consultants insurance.

(3) Consultants 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.

(4) Any failure to comply with the reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to any additional insured.

III. Other Requirements. Consultant agrees to deposit with District, at or before the effective date of this
Agreement and the WAL, certificates of insurance necessary to satisfy District that the insurance provisions of this
Agreement have been complied with. District may require that Consultant furnish District with copies of original
endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. District reserves the right to inspect complete,
certified copies of all required insurance policies, at any time.

A. If any Services are performed by a subcontractor, Consultant shall furnish certificates and
endorsements from each subcontractor identical to those Consultant provides.

B. Any deductibles or self-insured retentions must be declared to and approved by District. At the
option of District, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
District or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses
and claims.

C. The procuring of any required policy or policies of insurance shall not be construed to limit
Consultants liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.


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ND#4819-2103-6308 Exhibit D page 1 Consultant Services Agreement

EXHIBIT D
TO AGREEMENT FOR CONSULTANT SERVICES #13-132
CONFLICT OF INTEREST CHECK

Bylaws of the Board 2030(C)E requires that the Superintendent or a designee make a determination, on a case by
case basis, concerning whether disclosure will be required from a consultant to comply with Districts Conflict of
Interest Code (commencing with Bylaws of the Board 2030 BB).

Consultants are required to file disclosures when, pursuant to a contract with District, Consultant will make certain
specified government decisions or will perform the same or substantially the same duties for District as a staff
person would.


The services to be performed by Consultant under the Agreement to which this Exhibit D is attached [] constitute
[X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code.
Therefore, Consultant, [] is [X] is not subject to disclosure obligations.


Date:

By:
Lisa A. Franz
Director, Purchasing


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ND#4819-2103-6308 Exhibit E page 1 Consultant Services Agreement

EXHIBIT E
TO AGREEMENT FOR CONSULTANT SERVICES #13-132

BACKGROUND CHECK AND FINGERPRINTING PROCEDURES
FOR CONTRACTORS

The successful Bidder will be required to assure that its employees, subcontractors of any tier, material
suppliers, and consultants do not have direct contact with the Districts students during the performance
of the Contract in compliance with Education Code 45125.1 and 45125.2. To assure these provisions,
the successful Bidders supervisor shall be fingerprinted, and proof of same shall be provided to the
District prior to start of on-site work. The supervisor will monitor the workers conduct while on school
grounds. In addition, the successful Bidder shall barricade the Work area to separate its workers from the
students. Costs associated with this process are the responsibility of the successful Bidder.

The Contractors construction supervisors or their unsupervised employees who will be working outside
of fenced areas during the school hours must have submitted a fingerprint identification card to the
Department of J ustice (DOJ ) and have a proof of clearance in the form of an affidavit filed in the Oxnard
School Districts Purchasing Office prior to the start of the Work.

California Education Code 45125.1 and 45125.2 require that criminal checks be completed for
contractors (Contracting Firm) who provide architectural, construction, janitorial, administrative,
landscape, transportation, food-related, or other similar services to school districts.

The undersigned does hereby certify to the Board of Trustees of the Oxnard School District as follows:

That I am a representative of the Contractor currently under contract (Contract) with the District; that I
am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on
behalf of Contractor.

Contractor certifies that it has taken the following actions with respect to the construction Project that is
the subject of the Contract:

1. Pursuant to Education Code 45125.2, Contractor has installed or will install, prior to
commencement of Work, a physical barrier at the Work Site, which will limit contact between
Contractors employees and District pupils at all times (mandatory for all Projects); AND

2. The Contractor has complied with the fingerprinting requirements of Education Code 45125.1
with respect to all Contractors employees and all of its subcontractors employees who may have contact
with District pupils in the course of providing services pursuant to the Contract, and the California
Department of J ustice has determined that none of those employees has been convicted of a felony, as that
term is defined in Education Code 45122.1. A complete and accurate list of Contractors employees and
of all its subcontractors employees who may come in contact with District pupils during the course and
scope of the Contract is attached hereto; AND/OR

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ND#4819-2103-6308 Exhibit E page 2 Consultant Services Agreement

3. Pursuant to Education Code 45125.2, Contractor certifies that all employees will be under the
continual supervision of, and monitored by, an employee of the Contractor who the California Department
of J ustice has ascertained has not been convicted of a violent or serious felony. The name and title of
each employee who will be supervising Contractors employees and its subcontractors employees is:

Name: _____________________________________

Title: ______________________________________

AND/OR

4. The Work on the Contract is at an unoccupied school site and no employee and/or subcontractor or
supplier of any tier of Contract shall come in contract with District pupils.

Contractors responsibility for background clearance extends to all of its employees, Subcontractors, and
employees of Subcontractors coming into contact with District pupils regardless of whether they are
designated as employees or acting as independent contractors of the Contractor.

Date: _________

Proper Name of Contractor: ______________________________________

Signature: _________________________

By: ______________________________________

Its: ______________________________________
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ND#4819-2103-6308 Exhibit F page 1 Consultant Services Agreement

EXHIBIT F
TO AGREEMENT FOR CONSULTANT SERVICES #13-132

SCOPE OF SERVICES CEQA/DTSC COMPLIANCE

The CEQA/DTSC Compliance Consultants Scope of Work includes, but is not limited to, the
following:
Consultant shall ensure that the project sites are thoroughly studied and analyzed regarding environment
impact and presence of toxins, and that all required mitigation and abatement requirements are fully
identified and filed with the State of California. All work by this consultant must be performed in
accordance with Division of State Architect (DSA), California Department of Education (CDE),
California Department of Toxic Substances Control (DTSC), California Environmental Quality Act
(CEQA), California Occupational Safety and Health Administration (Cal-OSHA), and all other agencies
having jurisdiction.

a. Confirmation of categorical exemption status and/or required environmental reporting of assigned
projects.
b. Preparation and public review of an Initial Study and Mitigated Negative Declaration to fulfill the
environmental review requirements under CEQA, including adoption of final IS/MND, Mitigation
Monitoring & Reporting Program, and Findings as required under CEQA and CA Ed. Code 17213;
c. Preparation of a Phase I Environmental Site Assessment as the initial task to comply with
California Department of Toxic Substances Control (DTSC) and California Department of
Education (CDE) requirements; and
d. Completion of a school siting safety screening evaluation as required by CDE for new school site
acquisition.

1. Project Initiation:
a. Following the assignment of the project and approval of work authorization, the consultant shall
meet with District representatives to discuss project compliance with the California Environmental
Quality Act (CEQA) and DTSC requirements. The meeting agenda shall include the following
items:
i. Introduction of District staff and consultant's representatives who will perform the work
ii. Discussion of potentially significant environmental issues, emphasis on controversial issues
iii. Discussion of preliminary calendar of events
iv. Discussion of preliminary distribution list for notices and CEQA documents
v. Discussion of preliminary budget

2. Calendar of Events:
a. The consultant shall provide the District with a proposed calendar of events that show the following:
i. Date due
ii. Date complete
iii. Description of event
iv. Responsible party
v. Related documents and activities
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ND#4819-2103-6308 Exhibit F page 2 Consultant Services Agreement

3. DTSC Compliance:
a. Coordination & correspondence with DTSC.
b. Completion of Phase I Environmental Site Assessment (ESA) in accordance with ASTM standard
1527-05, including records review, site reconnaissance, interviews, and report preparation. ESA
shall also include all requirements per DTSC Draft School Environmental Assessment Manual
(SEAM) published August 2008 or per updated documents published more recently.
c. Coordination with DTSC for review of ESA
d. Completion of a draft PEA work plan to expedite DTSC review process.
e. Completion of Phase II Sampling Program, as required by DTSC, and completion of the
Preliminary Environmental Assessment (PEA)
f. Coordination & Correspondence with the California Dept. of Education (CDE) to ensure
compliance with CDE site safety checklist, completion of all required CDE forms and all other
CDE site approval requirements, including but not limited to:
i. High Voltage Power Transmission Lines
ii. Airports
iii. Hazardous Air Emissions and Facilities Within a Quarter Mile
iv. Railroads
v. Pressurized Gas, Gasoline, or Sewer Pipelines
vi. High-Pressure Water Pipelines, Reservoirs, Water Storage Tanks
vii. Major Roadways
viii. Tsunami, Flood, and Dam Inundation
ix. EMF Frequencies

4. Initial Study/Notice of Preparation/Scoping Meeting:
a. The consultant shall prepare a comprehensive project description which will form the basis for
environmental evaluation under CEQA.
b. The consultant shall analyze the project and prepare a Draft Initial Study (IS) to identify
potentially significant environmental issues.
i. The Initial Study shall include:
Introduction & Environmental Setting Purpose of study & general description of existing
geographic character and immediate site vicinity.
Environmental Impact Analysis Prepared per CEQA environmental checklist form. Where
possible, impacts to be quantified or reasonable assumptions will be declared to forecast
potential impacts. Standard mitigation measures will be incorporated.
c. The consultant shall incorporate the IS into a notice of preparation (NOP) of CEQA documents for
circulation among the public.
d. The consultant shall prepare a proposed distribution list for CEQA documents.
e. The consultant shall facilitate one or more scoping meetings.
f. The consultant, subsequent to closure of the 30 day NOP review period, shall prepare a
memorandum to the District summarizing the issues raised during the review period, including
scoping meetings. The memorandum shall identify those issues that should be incorporated into
the CEQA documents. The consultant shall recommend to the District whether additional analysis,
outside of this scope of work, is necessary to address any issue.


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ND#4819-2103-6308 Exhibit F page 3 Consultant Services Agreement

5. Negative Declaration:
a. Should the District and the consultant conclude that the preparing of a negative declaration meets
the requirements of CEQA, the consultant shall prepare and circulate the negative declaration to
responsible government agencies, interested parties and the public for comment.
b. The consultant shall prepare proposed written responses to comments by responsible government
agencies, interested parties and the public for the District's review. The consultant shall distribute
the District approved written responses to the persons and entities on the distribution list.

6. Mitigated Negatives
a. Should the District and the consultant conclude that the preparing of a mitigated negative
declaration (MND) is necessary to meet the requirements of CEQA, the consultant shall prepare
the MND and recommended mitigation measures and a mitigation monitoring and reporting plan
to reduce project impacts to below a level of significance and distribute same to responsible
government agencies, interested parties and the public for comment.
b. The Consultant shall facilitate publication/posting, circulation, and distribution to commenting
agencies and interested groups/individuals, including preparation & distribution of Notice of
Availability, and preparation of newspaper publication notices. All publication to be in
accordance to CEQA guidelines section 15072.
c. The consultant shall prepare and circulate written responses to comments by responsible
government agencies, interested parties and the public.

7. Environmental Impact Report:
a. Should the District and the consultant conclude that an environmental impact report (EIR) is
necessary to meet the requirements of CEQA, the consultant shall prepare a Draft EIR. The Draft
EIR shall incorporate relevant parts of technical studies such as the Preliminary Endangerment
Assessment (PEA), geological reports, historical resources evaluations and investigative reports
about developed and undeveloped real property contiguous to the project in addition to the
following topics:
i. Aesthetics. Light and glare generated by the project from athletic fields, parking lots and
security lights that may have significant impacts on surrounding real property and, if the real
property has been developed as residential, the residential character of the area. The consultant
shall use the conceptual site plan to determine the location of school facilities and potential
light and glare impacts to the surrounding areas.
ii. Agriculture Resources. The EIR shall account for the existing use or past use of the project site
for agricultural purposes.
iii. Air Quality. The consultant shall prepare a technical air quality analysis consistent with the
requirements of the South Coast Air Quality Management District (SCAQMD). All technical
calculations shall be provided as an appendix to the EIR. Background traffic volumes and level
of service calculations developed as part of the traffic/circulation analysis shall be used in
preparing this technical analysis. The analysis shall describe ambient air quality and evaluate
construction emissions, regional emissions, and local carbon monoxide emissions, consistent
with CEQA air quality analysis standards.
iv. Biological Resources. The EIR shall account for sensitive biological resources on the project
site and if there are whether the project has the potential to cause impacts to biological
resources.
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ND#4819-2103-6308 Exhibit F page 4 Consultant Services Agreement

v. Cultural/Paleontological Resources. The EIR shall contain a summary of historic resources
evaluation findings. A report of historic resources evaluation shall be included in the EIR as an
appendix. This EIR section shall include discussion of possible archaeological and
paleontological resources, if any.
vi. Geology and Soils. The EIR shall contain a summary of the geology and soils investigation
report. A copy of the geology and soils investigation report shall be included in the EIR as an
appendix.
vii. Hazards and Hazardous Materials. The EIR shall contain a summary of the hazards
investigations report. A copy of the hazards investigations report shall be included in the EIR as
an appendix.
viii. Hydrology and Water Quality. The EIR shall contain a summary of the hydrology or water
quality report. A copy of the hydrology or water quality report shall be included in the EIR as
an appendix.
ix. Land Use and Planning. The EIR shall contain findings by the consultant of whether the project
is consistent with the general plan of each jurisdiction within which the project site is located.
x. Noise
The EIR shall contain a technical noise analysis prepared by the consultant that shall
identify the impacts, if any, on sensitive land uses adjacent to the proposed project site.
This report shall be summarized in the EIR and attached to the EIR as an appendix. This
report shall take into consideration background daily traffic volumes, including existing
and future baseline condition vehicular trips and project daily trip generation from the
traffic/circulation analysis, shall be used in preparing this technical analysis.
The noise analysis shall address the baseline noise conditions and shall provide a
quantitative analysis of construction noise, as well as operational noise generated by
vehicle traffic and athletic field events. Mitigation measures shall be recommended to
reduce impacts to below a level of significance.
xi. Population and Housing
The EIR shall contain a description of the current population, housing, and employment
characteristics for the jurisdiction in which the project site is located based on data from
the jurisdiction's general plan or more recent Southern California Association of
Governments (SCAG) projections, or most recent census data.
The consultant shall characterize the District's student enrollment characteristics and
projections based on the District's Facilities Master Plan. The consultant shall evaluate
these characteristics, how they are affected by the proposed project, how they relate to the
controlling jurisdiction's general plan land use designations for the project site, and the
levels of development allowed under the current designation.
xii. Public Services and Utilities
The EIR shall contain an evaluation of the project's requirement for the extension of
infrastructure to the project site for all required utilities such as water, electricity,
telecommunications and sewerage.
The EIR shall contain an evaluation of the age and condition of existing infrastructure in
the vicinity of the project site for all required utilities such as water, electricity,
telecommunications and sewerage and a determination of whether substantial
improvements to that infrastructure may be necessary and should be evaluated.
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ND#4819-2103-6308 Exhibit F page 5 Consultant Services Agreement

In addition to responses provided during the NOP review period, existing purveyors of
public services and utilities shall be contacted by the consultant to ascertain the location
and capacity of their facilities, to identify expansion plans, and to identify potential
demand by the proposed project. Based on discussions with service providers, the
consultant shall determine potential project impacts and identify mitigation.
The EIR shall include an analysis of the existing recreational facilities in the area of the
project site.
xiii. Vehicular Traffic Volume and Circulation. The Draft EIR shall contain a Traffic Impact
Analysis (TIA) for the project prepared by the consultant that shall be summarized in the body
of the Draft EIR. The report shall be included as an appendix to the EIR. The TIA report shall
analyze on-site vehicular and pedestrians circulation as well as impacts to the surrounding street
system. The TIA report shall take into consideration any vacation of streets. Mitigation
Monitoring and Reporting Plan. The Draft EIR shall include a mitigation monitoring and
reporting plan as an appendix to the EIR.

xiv. Documents Mandated by CEQA. The EIR shall contain the following CEQA mandated
findings in addition to the requirements outlined above:
Cumulative impacts
Growth inducing impacts
Any significant irreversible environmental changes that, would be involved in the
proposed action should it be implemented
Unavoidable adverse impacts
Alternatives Analysis - the consultant, based on information provided by the District shall
provide an alternative analysis of possible project alternatives that were considered in
addition to the required No Project Alternative.
xv. Executive Summary. The Draft EIR shall include a reader friendly, non-technical executive
summary.
xvi. Mitigation Monitoring and Reporting Plan. The Draft EIR shall include a mitigation monitoring and
reporting plan as an appendix to the EIR.

8. Review of Draft EIR by District Prior to Circulation:
a. The consultant shall meet in a workshop format with the District's staff to discuss comments on
the Draft EIR received during the public review period. This meeting will provide a forum to
resolve all issues in an expedited manner the objective being to avoid multiple rounds of review,
correction, and re-review by the District and the consultant.
b. Following the meeting referred to above, the consultant shall make revisions to the document and
it's supporting technical studies. After revising the Draft EIR, the consultant shall prepare an
executive summary, which shall consist of a tabular summary of project impacts and mitigation
measures and a determination of each impact's significance following mitigation. The executive
summary shall contain a brief project description, controversial issues to be resolved, and a brief
description of project alternatives.




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ND#4819-2103-6308 Exhibit F page 6 Consultant Services Agreement

9. Response to Comments on EIR During Public Review Period:
a. During the public review period, the consultant shall log in the comments and shall review the
comments on the Draft EIR as they are received by the consultant.
b. The consultant shall prepare proposed responses to comments on the Draft EIR in a style that is
reader friendly, non-technical and communicates effectively to the public. All comments on the
Draft EIR shall be considered for responses whether or not the subject of the comment is required
in the Draft EIR. The consultant may recommend to the District the appropriate person/entity to
prepare draft responses to comments on the Draft EIR.

10. Resolution; Findings of Fact; Statement of Overriding Considerations:
a. The consultant shall prepare Findings of Fact that support the conclusions of the proposed Final
EIR.
b. The consultant shall prepare the related resolution for adoption by the Board of Education that
certifies that the Final EIR as adequate and complete.
c. If the proposed Final EIR identifies significant unavoidable impacts, the consultant shall prepare a
Statement of Overriding Considerations.
d. The Finding of Fact and the Statement of Overriding Considerations shall be such that they meet
the requirements of Sections 15091 through 15093 of the State CEQA Guidelines, and fully
address all facts and findings, project benefits, and project impact and benefit balancing
considerations required of a statement of overriding considerations

11. Advertisement of Documents and Entering CEQA Documents into Public Records:
a. Consultant shall be responsible for the timely advertising and distribution of all public notices and
other documents related to project compliance with CEQA.
b. Consultant shall be responsible for the timely filing of CEQA documents with government
agencies such as the State Clearinghouse, County Recorder and Clerk of the Board of Supervisors
to enter the documents into the public record. If time is of the essence in the filing of CEQA
documents, consultant shall, as a reimbursable expense, advance filing fees and reasonable costs.

12. Project Management and Attendance at Progress Meetings:
a. The consultant shall assume an active project management role. The consultant shall attend
various project meetings and communicate and coordinate with government agencies, interested
parties and the public as is typically required by the CEQA compliance process for similar projects
and as requested by the District.
b. The consultant shall be responsible for developing the work schedule, keeping the process on
schedule and keeping the process within budget.
c. The consultant's project manager shall establish and maintain ongoing verbal communication with
the District. Additionally, the project manager shall prepare any writings requested by the District.
d. In addition to those meetings shown in the work schedule, the consultant shall attend other
meetings as may be requested by the District. Consultant's representatives at meetings shall be
competent to address issues reasonably contemplated to be discussed among attendees.

13. Progress Reports:
a. A progress report shall accompany the monthly invoice that shows the following:
i. Summary of work completed during the previous month as it relates to the work schedule
Not Project Related
Project #13-132

ND#4819-2103-6308 Exhibit F page 7 Consultant Services Agreement

ii. Summary of work to be completed during the current month as it relates to the work schedule
iii. Discussion of problem areas or project issues.

14. Reports:
As part of the Services, Consultant will prepare and deliver the following tangible work products to
District:
a. All progress reports, studies, final reports, and other documentation as indicated above, or as
required by CEQA, DSA, DTSC, or any other agency having jurisdiction.
b. Proof of all required submittal/filing of environmental studies and reports to the State of
California.
c. Completion of all required resolutions, adoptions, approval forms, etc. to ensure that
environmental studies are duly accepted by the Board of Trustees and filed with appropriate local
& state agencies.
d. Completion of a school siting safety screening evaluation as required by CDE for new school site
acquisition, and preparation of CDE required documentation for site approval application
submittal.

15. Time
NTP + 7 days: Consultant shall submit to the District a comprehensive calendar of services, studies, and
analyses required to complete the CEQA/DTSC environmental reporting requirements, as indicated in the
Calendar scope section above.
NTP + 30 days: Consultant shall submit to the District draft Phase I ESA document.
NTP + 45 days: Consultant shall submit draft IS/MND report for District review.
NTP + 60 days: Consultant shall submit confirmation of completion of 30-day DTSC review cycle.
NTP + 90 days: Consultant shall submit final Phase I ESA incorporating all DTSC comments &
revisions.
NTP + 120 days: Consultant shall complete the entire IS/MND process, including publication of final
IS/MND report, 30-day public comment period, and preparation of draft Phase I ESA.
Final Phase I ESA + 90 days: Consultant shall submit, and confirm final DTSC approval of PEA report.

All required public posting guidelines and other timelines are to be considered and incorporated within
the above milestones to the extent possible. In no way are the required dates above intended to supersede
legal posting requirement for public review, public comment, or other required review periods.

16. Accuracy Standards
Precision of the all required reports and recommendations shall be in accordance with the professional
standard of care to be expected of professional CEQA/DTSC consultants licensed to practice in the State
of California.
Not Project Related
Project #13-132

ND#4819-2103-6308 Exhibit G page 1 Consultant Services Agreement

EXHIBIT G
TO AGREEMENT FOR CONSULTANT SERVICES #13-132

INVOICE APPROVAL LETTER & BILLING COVER SHEET

DATE:
Project No.___: [INSERT PROJECT NAME]
Consultant: Tetra Tech, Inc. (Tetra Tech)

Tetra Tech has submitted Invoice No. _________ for review by the Districts Program Manager, Caldwell
Flores Winters, Inc. (CFW), and Assistant Superintendent of Business Services, Lisa Cline.

By signing below, a representative of Tetra Tech, hereby certifies that the invoice submitted is a true and
accurate reflection of the work performed to date, is an accurate representation of the percent work
completed for the phase identified in the invoice, and that the invoice submitted does not include any
charges for services that have been previously paid, or rejected by the District and/or CFW.



Tetra Tech, Inc. Date


The invoice has been reviewed by the following and is recommended for payment:



Caldwell Flores Winters, Inc. Date




Oxnard School District Date
Lisa Cline, Assistant Superintendent,
Business and Fiscal Services
Not Project Related
Project #13-132

ND#4819-2103-6308 Exhibit G page 2 Consultant Services Agreement


















































Not Project Related
Project #13-132

ND#4819-2103-6308 Exhibit G page 3 Consultant Services Agreement


Agreement #13-133
OXNARD SCHOOL DISTRICT
AGREEMENT FOR CONSULTANT SERVICES
(MASTER AGREEMENT CEQA/DTSC COMPLIANCE)

This Agreement for Consultant Services (Agreement) is entered into as of this 13
th
day of November,
2013 by and between the Oxnard School District (District), with offices located at 1051 South A Street, Oxnard,
CA 93030, and LSA Associates, Inc. (Consultant) with a business address at 20 Executive Park, Suite 200,
Irvine, CA 92614. District and Consultant are sometimes hereinafter individually referred to as Party and
hereinafter collectively referred to as the Parties.
RECITALS
A. District is authorized by California Government Code Section 53060, and Board Policy 4368, to
contract with independent contractors for the furnishing of services concerning financial, economic, accounting,
engineering, legal, administrative and other matters. District has sought, by issuance of a Request for
Qualifications, the performance of certain services, with the precise scope of work to be specified at the time of
assignment of work.
B. Following submission of a Statement of Qualifications for the performance of services, Consultant
was prequalified by District to perform services on behalf of District that may be assigned, or not assigned, at the
Districts sole discretion.
C. The Parties desire to formalize the prequalification of Consultant for performance of services and
desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and
contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties
agree as follows:
1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all exhibits attached to this
Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein.
2. Master Agreement. This Agreement sets forth the basic terms and conditions between District and
Consultant. It may be supplemented from time to time with an individual Work Authorization Letter
(WAL) which shall be considered an amendment to this Agreement, and which shall be subject to all
the terms and conditions of this Agreement, and any further terms and conditions as set forth in the
WAL.
3. Scope of Services. The scope of Services to be assigned to Consultant pursuant to a WAL is further
defined in Exhibit F Scope of Services, wherein the general responsibilities of Consultant are
described pursuant to the discipline(s) for which the Consultant has been deemed prequalified by
District as described in this Agreement.
4. Agreement, Scope of Work, and Assignment of Projects. District may, from time to time, and at the
sole discretion of District, assign to Consultant specific services to be performed by Consultant (the
Services) pursuant to a WAL. The WAL assignment procedure and associated forms are set forth in
Exhibit A, which is attached hereto. This Agreement, together with the WAL, sets forth the terms and
conditions pursuant to which Consultant will perform such Services on behalf of District. The WAL
ND#4819-2103-6308 Consultant Services Agreement 2
shall particularize and describe, among other things, such project(s) for which Consultant is to perform
Services, such Services to be performed by Consultant at such project(s), the timeline for the
performance of such Services, and the compensation to be paid to Consultant for the performance of
such Services.
5. Term of Agreement. Subject to earlier termination as provided below, this Agreement shall remain in
effect from November 13, 2013 through November 12, 2018 (the Term). This Agreement may be
extended only by amendment, signed by the Parties, prior to the expiration of the Term. Such
agreement for extension shall be based upon the showing of good and sufficient cause by Consultant
that such extension(s) shall be granted. District shall not be obligated to compensate Consultant for
any additional costs if such an extension has been granted to this Agreement. Any provision for
additional compensation shall be accommodated via the WAL process as indicated in Exhibit A.
6. Time for Performance. The scope of the Services set forth in the WAL shall be completed during the
Term pursuant to the schedule specified in the WAL. If Services indicated in the WAL cannot be
completed within the schedule set forth in the WAL, or if the schedule exceeds the Term of this
Agreement, it is the responsibility of Consultant to notify District at least ninety (90) days prior to the
expiration of either, with a request for a time extension clearly identifying the cause(s) for the failure to
complete the Services within the schedule and/or the Term. Should Consultant fail to provide such
notice, and/or the Services not be completed pursuant to that schedule or within the Term, Consultant
shall be deemed to be in Default as provided below. District, in its sole discretion, may choose not to
enforce the Default provisions of this Agreement and may instead allow Consultant to continue
performing the Services.
7. Additional Services. Additional Services are services in addition to the Services set forth in the WAL
that are provided by Consultant pursuant to a written request by District. Additional Services will
require a written request or pre-authorization in writing by District following specific approval of such
services by the District Board of Trustees. It is understood and agreed that Consultant shall not
perform any Additional Services unless and until Consultant receives specific written approval for such
Additional Services from the District Board of Trustees. Any modification of the compensation to be
paid to Consultant as a result of Additional Services must be specifically approved in writing by the
District Board of Trustees. In the event that the District Board of Trustees approves in writing a
modification of the compensation, then Consultant shall be paid for such Additional Services pursuant
to Section 8, below. However, it is understood and agreed that if the cause of the Additional Services
is the sole or partial responsibility of Consultant, its agents, or any subconsultants or other parties under
the charge of Consultant, no additional compensation shall be paid to Consultant. If such conditions
exist so as to justify Additional Services as indicated above, which require additional compensation or
time in order to be performed, it is the sole responsibility of Consultant to submit a request for
Additional Services within ten (10) days of Consultants discovery of such conditions which require
Additional Services. It is understood and agreed that if Consultant performs any services that it claims
are Additional Services without receiving prior written approval from the District Board of Trustees,
Consultant shall not be paid for such claimed Additional Services.
8. Compensation and Method of Payment. This Agreement does not guarantee that District will issue a
WAL to Consultant nor does this Agreement guarantee any compensation to Consultant. This
Agreement does not create any obligation on the part of District to compensate Consultant absent a
WAL indicating compensation due to Consultant once Services are performed. Specific compensation
and payment amounts, including approved reimbursable expenses, shall be set forth in the WAL.
However, it is understood and agreed that the compensation to be paid to Consultant shall not be in
excess of or exceed the rates set forth in Exhibit B Compensation.
ND#4819-2103-6308 Consultant Services Agreement 3
a. Each month Consultant shall furnish to District an original invoice for all work performed and
expenses incurred during the preceding month for Services performed pursuant to a WAL. The invoice
shall clearly indicate the assigned project, the approved WAL, and shall detail charges by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts.
Sub-consultant charges, if any, shall be detailed by the following categories: labor, travel, materials,
equipment and supplies. District shall independently review each invoice submitted by Consultant to
determine whether the work performed and expenses incurred are in compliance with the provisions of
this Agreement and the WAL. In the event that no charges or expenses are disputed, the invoice shall
be approved and paid according to the terms set forth in subsection b. In the event any charges or
expenses are disputed by District, the original invoice shall be returned by District to Consultant for
correction and resubmission.
b. Except as to any charges for work performed or expenses incurred by Consultant which are
disputed by District, District will use its best efforts to cause Consultant to be paid within forty-five
(45) days of receipt of Consultants correct and undisputed invoice.
c. Payment to Consultant for work performed pursuant to this Agreement and a WAL shall not be
deemed to waive any defects in work performed by Consultant.
9. Responsibilities of Consultant:
a. Consultant shall perform all Services as indicated in this Agreement and the WAL to the
satisfaction of District.
b. The specific Services of Consultant to be performed shall be indicated in the WAL.
c. Consultant hereby represents and warrants that (a) it is an experienced consultant in the
discipline(s) identified in Exhibit F, having the skill and the legal and professional ability and the
flexibility necessary to perform all of the Services required under this Agreement; (b) it has the
capabilities and resources necessary to perform its obligations hereunder; (c) it is familiar with all
current laws, rules, regulations and other restrictions which are and may become applicable to the
scope of Services under this Agreement, including but not limited to all local ordinances, building
codes, and requirements of all Authorities Having J urisdiction (AHJ ) including but not limited to the
Division of State Architect (DSA), the Office of Public School Construction (OPSC), the State
Facilities Planning Division (SFPD), California Department of Education (CDE), the California
Department of General Services (DGS), the Department of Toxic Substances Control (DTSC), the
California Environmental Quality Act (CEQA), Title 24 of the California Code of Regulations, the
California Education Code, State and Local Fire Authorities, air quality districts, water quality and
control boards, and any/all other AHJ ; (d) that it will assume full responsibility for all Services
performed and all work prepared and furnished to District by its employees, agents, and subconsultants;
(e) that it has sufficient financial strength and resources to undertake and complete the Services
provided for under this Agreement within the schedule set forth in the WAL; and (f) that it certifies and
covenants that all reports, certifications, studies, analyses, and other documents prepared by Consultant
shall be prepared in accordance with all applicable laws, rules, regulations, and other requirements in
effect at the time of their preparation, or required at their time of submittal to District and or agencies.
d. Consultant shall follow accepted industry standards and practices and comply with all federal,
state, and local laws and ordinances applicable to the Services required by this Agreement and the
WAL.
10. Responsibilities of District.
ND#4819-2103-6308 Consultant Services Agreement 4
a. District will prepare and furnish to Consultant upon Consultants request, such information as is
reasonably necessary to the performance of the Services required under this Agreement and the WAL.
Consultant understands that all information provided to Consultant remains the property of District and
shall only be removed from Districts possession/premises and/or be photocopied, reproduced,
distributed, or otherwise made available to others if such activities are expressly approved in writing by
District and/or the Program Manager. Failure to comply with the above requirements shall be
reasonable cause for termination of this Agreement, and may subject Consultant to liability for
damages to District.
b. If needed by Consultant, District shall provide information as to the requirements and educational
program for each project assigned by a WAL, including approved budget and schedule limitations.
c. District shall facilitate and coordinate cooperation amongst and between District consultants,
including but not limited to architects, construction managers, surveyors, geotechnical engineers,
inspectors, testing laboratories, hazardous materials specialists, CEQA/DTSC compliance specialists,
technology experts, and any other professional consultants District deems necessary to execute the
Facilities Implementation Program. Such coordination shall include the distribution of documentation
prepared by individual consultants which may be of service to Consultant in the course of completing
the Services.
d. District shall facilitate and coordinate cooperation amongst and between District staff and
Consultant, as required to complete the Services.
e. District shall provide for the timely approval and execution of the WALs, Additional Services
requests, invoices, and any other documentation that requires District action in order for Consultant to
complete the Services.
11. Suspension. District may, for any reason or no reason, in Districts sole discretion, suspend all or a
portion of this Agreement, the WAL, or the Services by giving ten (10) calendar days written notice of
suspension to Consultant. In the event such notice is given, Consultant shall cease immediately all
work in progress. If District suspends the Services for a period of ninety (90) consecutive calendar
days or more and, in addition, if such suspension is not caused by Consultant or the acts or omissions
of Consultant, then if the Services are resumed, Consultants compensation shall be subject to
adjustment to provide for actual direct costs and expenses incurred by Consultant as a direct result of
the suspension and resumption by District of the Services.
12. Termination. This Agreement, the WAL, or the Services may be terminated at any time by mutual
agreement of the Parties or by either Party as follows:
a. District may terminate all or a portion of this Agreement, the WAL, or the Services without cause
at any time by giving ten (10) calendar days written notice of termination to Consultant. In the event
such notice is given, Consultant shall cease immediately all work in progress; or
b. District may terminate all or a portion of this Agreement, the WAL, or the Services for cause in the
event of a Default by giving written notice pursuant to Section 15, below; or
c. Consultant may terminate this Agreement or the WAL at any time upon thirty (30) calendar days
written notice if District fails to make any undisputed payment to Consultant when due and such failure
remains uncured for forty-five (45) calendar days after written notice to District.
ND#4819-2103-6308 Consultant Services Agreement 5
13. Similar or Identical Services. In the event that this Agreement, the WAL, or any of the Services are
terminated in whole or in part as provided herein, District may procure, upon such terms and in such
manner as District may determine appropriate, services similar or identical to those terminated to
complete any unfinished Services or new services as needed by District.
14. Inspection and Final Acceptance. District acceptance of any of work or Services, whether specifically
in writing or by virtue of payment, shall not constitute a waiver of any of the provisions of this
Agreement or the WAL including, but not limited to, indemnification and insurance provisions.
15. Default. Failure of Consultant to perform any Services or comply with any provisions of this
Agreement or the WAL constitutes a Default. District may terminate all or any portion of this
Agreement, the WAL, or the Services for cause in the event of a Default. The termination shall be
effective if Consultant fails to cure such Default within thirty (30) calendar days following issuance of
written notice thereof by District, or if the cure by its nature takes longer, fails to commence such cure
within thirty (30) calendar days from the date of issuance of the notice and diligently prosecutes such
cure to the satisfaction of District. If Consultant has not cured the Default, District may hold all
invoices and may choose to proceed with payment on said invoices only after the Default is cured to
Districts satisfaction. In the alternative, District may, in its sole discretion, during the period before
Consultant has cured the Default, elect to pay any portion of outstanding invoices that corresponds to
Services satisfactorily rendered. Any failure on the part of District to give notice of Consultants
default shall not be deemed to result in a waiver of Districts legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to Districts termination rights set forth above, District shall have (i) the right to cure
Consultants Default at Consultants cost, in which case all amounts expended by District in connection
with such cure shall accrue interest from the date incurred until repaid to District by Consultant at the
rate of ten percent (10%) per annum; and (ii) all other rights and remedies available to District at law
and in equity, including, without limitation, an action for damages. District shall have the right to
retain unpaid earned balances to offset damages, and/or charge Consultant for all damages above and
beyond unpaid balance of WAL.
16. Ownership of Documents. All maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any Services pursuant to this Agreement or the WAL
(collectively and individually, the Documents) shall become the sole property of District and may be
used, reused or otherwise disposed of by District without the permission of Consultant. Upon
completion, expiration or termination of this Agreement or the WAL, Consultant shall turn over to
District all such Documents.
17. Use of Documents by District. If and to the extent that District utilizes for any purpose not related to
this Agreement or the WAL any Documents, Consultants guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
18. Consultants Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultants performance of Services pursuant to this Agreement or the
WAL for a minimum of four years after termination or expiration of this Agreement and the WAL, or
longer if required by law. Such records shall include at minimum a detailed record of daily
performance, staff time records, subconsultants time records, documentation of all costs incurred by
Consultant that were billed to District, and detailed records of all Consultant fees, overhead, and profit
on earned amounts.
ND#4819-2103-6308 Consultant Services Agreement 6
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled
checks, or other documents or records evidencing or relating to work, services, expenditures and
disbursements charged to District pursuant to this Agreement or the WAL for a minimum of four years,
or longer if required by law, all in accordance with generally accepted accounting principles and with
sufficient detail so as to permit an accurate evaluation of the Services provided by Consultant pursuant
to this Agreement or the WAL.
b. Any and all such records or documents shall be made available for inspection, audit and copying, at
any time during regular business hours, upon request by District or its designated representative.
Copies of such documents or records shall be provided directly to District for inspection, audit and
copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such
documents and records shall be made available at Consultants address indicated for receipt of notices
in this Agreement.
c. District has the right to acquire custody of such records by written request if Consultant decides to
dissolve or terminate its business. Consultant shall deliver or cause to be delivered all such records and
documents to District within sixty (60) days of receipt of the request.

19. Independent Contractor. Consultant is retained as an independent contractor and is not employed by
District. No employee or agent of Consultant shall become, or be considered to be, an employee of
District for any purpose. It is agreed that District is interested only in the results obtained from the
Services under this Agreement and the WAL and that Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the Services required under this
Agreement and the WAL. Consultant shall complete this Agreement and the WAL according to its
own methods of work which shall be in the exclusive charge and control of Consultant and which shall
not be subject to control or supervision by District except as to results of the Services. Consultant shall
provide all of its own supplies, equipment, facilities, materials, manpower, and any/all other resources
that may become necessary in the course of completing the Services. It is expressly understood and
agreed that Consultant and its employees shall in no event be entitled to any benefits to which District
employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation,
workers compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultants employees wages, payroll taxes, employee benefits and any
amounts due for federal and state income taxes and Social Security taxes since these taxes will not be
withheld from payments under this Agreement or the WAL.
a. The personnel performing the Services under this Agreement and the WAL on behalf of Consultant
shall at all times be under Consultants exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultants
officers, employees, or agents are in any manner officials, officers, employees or agents of District.
b. Consultant shall have no authority to bind District in any manner, or to incur any obligation, debt
or liability of any kind on behalf of or against District, whether by contract or otherwise, unless such
authority is expressly conferred in writing by District, or under this Agreement.
20. Standard of Performance. Consultant represents and warrants that it has the skill, qualifications,
experience and facilities necessary to properly perform the Services required under this Agreement and
the WAL in a thorough, competent and professional manner. Consultant represents and warrants that
its employees and subcontractors have all legally required licenses, permits, qualifications and
approvals necessary to perform the Services and that all such licenses and approvals shall be
maintained throughout the term of this Agreement and the WAL. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all Services
ND#4819-2103-6308 Consultant Services Agreement 7
described herein and the WAL. In meeting its obligations under this Agreement and the WAL,
Consultant shall employ, at a minimum, the standard of care utilized by persons engaged in providing
services similar to those required of Consultant under this Agreement and the WAL for California
school districts in or around the same geographic area of District (the Standard of Performance).
21. Confidential Information. All information gained during performance of the Services and all
Documents or other work product produced by Consultant in performance of this Agreement and the
WAL shall be considered confidential (confidential information). Consultant shall not release or
disclose any such confidential information, Documents or work product to persons or entities other
than District without prior written authorization from the Superintendent of District and/or Program
Manager, except as may be required by law. Confidential information does not include information
that: (i) Consultant had in its possession prior to considering entering into this Agreement; (ii) becomes
public knowledge through no fault of Consultant; (iii) Consultant lawfully acquires from a third party
not under an obligation of confidentiality to the disclosing party; or (iv) is independently developed by
Consultant without benefit of the information provided by District. In connection with confidential
information:
a. Consultant shall promptly notify District if it is served with any summons, complaint, subpoena or
other discovery request, court order or other request from any party regarding this Agreement or the
WAL or the Services performed hereunder or the WAL.
b. District retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to
provide District with the opportunity to review any response to discovery requests provided by
Consultant; provided that this does not imply or mean the right by District to control, direct, or rewrite
said response.
22. Conflict of Interest; Disclosure of Interest. Consultant covenants that neither it, nor any officer or
principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of District or which would in any way hinder Consultants performance of the
Services under this Agreement or the WAL. Consultant further covenants that in the performance of
this Agreement and the WAL, no person having any such interest shall be employed by it as an officer,
employee, agent or subcontractor without the express written consent of District. Consultant agrees to
at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of
District in the performance of this Agreement and the WAL.
a. Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E, as hereinafter amended or renumbered,
require that a consultant that qualifies as a designated employee must disclose certain financial
interests by filing financial interest disclosures. By its initials below, Consultant (i) represents that it
has received and reviewed a copy of the Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E and
that it [____] does [X] does not qualify as a designated employee; and (ii) agrees to notify District, in
writing, if Consultant believes that it is a designate employee and should be filing financial interest
disclosures, but has not been previously required to do so by District.
______ (Initials)
23. Compliance with Applicable Laws. In connection with the Services and its operations, Consultant
shall keep itself informed of and comply with all applicable federal, state and local laws, statutes,
codes, ordinances, regulations and rules including, but not limited to, minimum wages and/or
prohibitions against discrimination, in effect during the Term. Consultant shall obtain any and all
licenses, permits and authorizations necessary to perform the Services. Neither District, nor any
ND#4819-2103-6308 Consultant Services Agreement 8
elected or appointed boards, officers, officials, employees or agents of District shall be liable, at law or
in equity, as a result of any failure of Consultant to comply with this section.
a. Without limiting the generality of the foregoing, Consultant, unless exempted, shall comply with
the requirements of Education Code Section 45125.1 with respect to fingerprinting of employees who
may have contact with Districts pupils. Consultant must complete Districts certification form,
attached herein as Exhibit E, prior to any of Consultants employees coming into contact with any of
Districts pupils. Consultant also agrees to comply with all other operational requirements of District,
as may be revised from time to time, including but not limited to any obligations relating to vaccination
or testing for infectious diseases.
______ (Initials)
24. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of
the Federal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seq., as amended, and in
connection therewith, shall not employ unauthorized aliens as that term is defined in 8 U.S.C.A.
1324a(h)(3). Should Consultant so employ such individuals for the performance of work and/or
Services covered by this Agreement or the WAL, and should any liability or sanctions be imposed
against District for such employment, Consultant hereby agrees to and shall reimburse District for the
cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys'
fees, incurred by District.
25. Non-Discrimination. Consultant shall abide by the applicable provisions of the United States Civil
Rights Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in
any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex,
sexual orientation, age, physical handicap, medical condition or marital status in connection with or
related to the performance of this Agreement or the WAL.
26. Disabled Veteran Business Enterprise Participation. Pursuant to Education Code section 17076.11,
District has a participation goal for disabled veteran business enterprises (DVBEs) of at least three (3)
percent, per year, of funds expended each year by District on projects that use funds allocated by the
State Allocation Board pursuant to the Leroy F. Greene School Facilities Act. Unless waived in
writing by District, Consultant shall provide proof of DVBE compliance, in accordance with any
applicable policies of District or the State Allocation Board, within thirty (30) days of its execution of
this Agreement
27. Assignment. The expertise and experience of Consultant are material considerations for this
Agreement and the WAL. District has an interest in the qualifications of and capability of the persons
and entities that will fulfill the duties and obligations imposed upon Consultant under this Agreement
and the WAL. In recognition of that interest, Consultant shall not assign or transfer this Agreement or
any portion of this Agreement or any portion of the WAL or the performance of any of Consultants
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by Districts Board of Trustees. Any attempted assignment shall be ineffective,
null and void, and shall constitute a material breach of this Agreement and the WAL entitling District
to any and all remedies at law or in equity, including summary termination of this Agreement and the
WAL.
28. Subcontracting. Notwithstanding the above, Consultant may utilize subcontractors in the performance
of its duties pursuant to this Agreement and the WAL, but only with the prior written consent of
District. Consultant shall be as fully responsible to District for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by Consultants subcontractors, as
if the acts and omissions were performed by Consultant directly.
ND#4819-2103-6308 Consultant Services Agreement 9
29. District Administrator. Lisa Franz shall be in charge of administering this Agreement on behalf of
District, (the Administrator) provided that any written notice or any consent, waiver or approval of
District must be signed by the Superintendent or a designated employee of District to be valid. The
Administrator has completed Exhibit D Conflict of Interest Check attached hereto.
30. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultants staff and subcontractors consistent with the staff proposed as part of the
Statement of Qualifications, if any, assigned to perform Services under this Agreement and the WAL.
a. Consultant shall provide District and the Administrator a list of all personnel and subcontractors
providing Services and shall maintain said list current and up to date at all times during the Term. The
list shall include the following information: (1) all full or part-time staff positions by title, including
volunteer positions whose direct services are required to provide the Services; (2) a brief description of
the functions of each such position and the hours each position works each week or, for part-time
positions, each day or month, as appropriate; (3) the professional degree, if applicable, and experience
required for each position; and (4) the name of the person responsible for fulfilling the terms of this
Agreement and the WAL.
31. Indemnification. To the fullest extent permitted by law, Consultant shall defend and indemnify
District and its officials, elected board members, employees and agents (Indemnified Parties) from
and against all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, its officers, employees, consultants, subcontractors, or agents, pursuant
to this Agreement and/or the WAL, but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of any of the Indemnified Parties.
a. Consultant agrees to obtain executed indemnity agreements with provisions identical to the above
from each and every subcontractor retained or employed by Consultant in the performance of this
Agreement and the WAL. Failure of District to monitor compliance with these requirements imposes
no additional obligations on District and will in no way act as a waiver of any rights hereunder.
Consultants obligation to indemnify and defend District as set forth above is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and the
WAL.
______ (Initials)
32. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit C Insurance and made a part of this
Agreement. All insurance policies shall be subject to approval by District as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the District
Superintendent.
33. Notices. All notices required or permitted to be given under this Agreement or the WAL shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and
return receipt requested, addressed as follows:
To District: Oxnard School District
1051 South A Street
Oxnard, California, 93030
Attention: Lisa Cline
Assistant Superintendent, Business & Fiscal Services
Re: [Insert Project Name]
ND#4819-2103-6308 Consultant Services Agreement 10
With electronic copy to: Caldwell Flores Winters, Inc.
Oxnard School District Program Manager
6425 Christie Ave., Suite 270
Emeryville, California 94608
Attention: Yuri Calderon
T: 510-596-8170
Email: ycalderon@cfwinc.com
To Consultant: LSA Associates, Inc.
20 Executive Park, Suite 200
Irvine, CA 92614
Attention: Lisa Williams
T: (949) 553-0666
Email: lisa.williams@lsa-assoc.com
All notices, demands, or requests to be given under this Agreement or the WAL shall be given in writing
and conclusively shall be deemed received when delivered in any of the following ways: (i) on the date
delivered if delivered personally; (ii) on the date sent if sent by facsimile transmission and confirmation of
transmission is received; (iii) on the date it is accepted or rejected if sent by certified mail; and (iv) the date
it is received if sent by regular United States mail.
34. Excusable Delays. Neither Party will be liable to the other for unanticipated delays or failures in
performance resulting from causes beyond the reasonable control of that Party, including, but not
limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war,
governmental regulations, communications or utility failures, or casualties; provided that the delayed
Party: (i) gives the other Party prompt written notice of such cause; and (ii) uses its reasonable efforts
to correct such failure or delay in its performance. The delayed Party's time for performance or cure
under this section will be extended for a period equal to the duration of the cause or sixty (60) days,
whichever is less.
35. Entire Agreement; Binding Effect. This Agreement including Exhibits hereto, contains the entire
understanding of the Parties, and supersedes all other written or oral agreements. Consultant shall be
entitled to no other benefits other than those specified herein. No changes, amendments or alternations
shall be effective unless in writing and signed by both Parties and approved by Districts Board of
Trustees. Consultant specifically acknowledges that in entering into this Agreement, Consultant relied
solely upon the provisions contained in this Agreement and no others. This Agreement shall be
binding upon the heirs, executors, administrators, successors and assigns of the Parties.
36. Amendment. No changes, amendments to or modifications of this Agreement or the WAL shall be
valid, effective or binding unless made in writing and signed by both Parties and approved by the
Districts Board of Trustees. The Parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
37. Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement or the WAL shall
not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of
the provisions of this Agreement or the WAL shall not constitute a waiver of any other provision or a
waiver of any subsequent breach or violation of any provision of this Agreement or the WAL. None of
the provisions of this Agreement or the WAL shall be considered waived by either Party unless such
waiver is specifically specified in writing. Neither Districts review, approval of, nor payment for, any
of the Services required under this Agreement or the WAL shall be construed to operate as a waiver of
ND#4819-2103-6308 Consultant Services Agreement 11
any rights under this Agreement or the WAL, and Consultant shall remain liable to District in
accordance with this Agreement and the WAL for all damages to District caused by Consultants
failure to perform any of the Services to the Standard of Performance. This provision shall survive the
termination of this Agreement and the WAL.
38. Governing Law. This Agreement and the WAL shall be interpreted, construed and governed
according to the laws of the State of California. With respect to litigation involving this Agreement,
the WAL or the Services, venue in state trial courts shall lie exclusively in the County of Ventura,
California.
39. Severability. If any term, condition or covenant of this Agreement or the WAL is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement and the WAL shall not be affected thereby and the Agreement and WAL
shall be read and construed without the invalid, void or unenforceable provision(s).
40. Authority to Execute. The person or persons executing this Agreement on behalf of Consultant
represents and warrants that he/she/they has/have the authority to so execute this Agreement and to
bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, District and Consultant have executed and delivered this Agreement for
consultant services as of the date first written above.

OXNARD SCHOOL DISTRICT: LSA ASSOCIATES INC.:



Signature Signature

Lisa A. Franz, Director, Purchasing
Typed Name/Title Typed Name/Title


Date Date

Tax Identification Number: 95-6002318 Tax Identification Number:

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ND#4819-2103-6308 Exhibit A page 1 Consultant Services Agreement

EXHIBIT A
TO AGREEMENT FOR CONSULTANT SERVICES #13-133

WORK AUTHORIZATION PROCEDURES

1. Assignment of Work Authorization
1.1. Request For Proposal (RFP): At the sole discretion of District, one or more prequalified
professional services consultants shall be solicited with a Request For Proposal (RFP) for a
specific lump sum fixed fee proposal for defined Services to be complete within a defined timeline.
For a proposal to be valid it must clearly acknowledge the complete Services requested by District
and must include a lump sum fixed fee amount to complete all defined Services, a clearly defined
schedule for completion of Services which meets the required timeline defined by District and
shows final completion to occur within the Term of this Agreement.

1.2. Evaluation of Proposal: Districts Program Manager, in consultation with District, shall review each
proposal for validity, accuracy, competitiveness, and overall quality of the Services proposed to be
performed. In the case where more than one firm is solicited for a scope of defined Services, the
Program Manager shall evaluate each proposal thoroughly based on predetermined, objective
criteria to ensure a just and fair review of all proposals.

1.3. Selection of Consultant: Following evaluation of proposals, the consultant whose proposal exhibits
the best value for the benefit of District shall be recommended to the Superintendent for approval.

1.4. Work Authorization Letter (WAL): With the approval of the District Superintendent, the Program
Manager shall issue a Work Authorization Letter (WAL) to the selected consultant to perform the
defined Services as indicated in the RFP, for the lump sum fixed fee amount reflected in the
proposal, with all Services to complete within the timeline indicated in the RFP, and the Term set
forth in this Agreement. District retains the right to negotiate all terms of the WAL subsequent to
the receipt of proposal(s) in order to clarify the scope of Services, and/or make any adjustments to
the fee amount and required schedule prior to issuance of the WAL. The WAL shall be considered
a binding agreement, and amendment to this Agreement, once executed by Consultant, approved by
the District Board of Trustees, and executed by the Superintendent.

1.5. Performance of Services Set Forth in the WAL: Performance of Services set forth in the WAL shall
not commence until final approval by the District Superintendent and Board of Trustees, unless
expressly authorized by the District Superintendent and Program Manager. During the course of
completing the Services, Consultant shall comply will all provisions of this Agreement and the
WAL. All Services set forth in the WAL shall be completed within the schedule set forth in the
WAL.

1.6. Close Out of WAL Services: Upon completion of all Services required by the WAL, Consultant
shall submit all required close-out documentation, certifications, records, reports, warranties, and
any other information required or requested by District prior to submitting Consultants invoice for
final payment.

1.7. WAL Form: See next page for sample Work Authorization Letter.
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ND#4819-2103-6308 Exhibit A page 2 Consultant Services Agreement

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ND#4819-2103-6308 Exhibit B page 1 Consultant Services Agreement

EXHIBIT B
TO AGREEMENT FOR CONSULTANT SERVICES #13-133
COMPENSATION & RATE/FEE SCHEDULE

I. The following rates of pay shall apply in the performance of the Services under this Agreement and the
WAL:



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ND#4819-2103-6308 Exhibit B page 2 Consultant Services Agreement



II. Consultant may utilize subcontractors as permitted in the Agreement and the WAL. The hourly rate for
any subcontractor shall be consistent with the rate and fee schedule indicated in Section I above, unless
other direction is provided with written authorization from District Superintendent or his/her designee.

III. Claims for reimbursable expenses shall be documented by appropriate invoices and supporting receipts.
Consultant may be reimbursed for those reasonable out-of-pocket expenses set forth below that are
incurred and paid for by Consultant beyond the typical obligations under this Agreement and the WAL,
but only to the extent that such expenses are directly related to Services satisfactorily completed, are
approved by District in writing and do not cause the amounts paid to Consultant to exceed the amounts
allowed under this Agreement and the WAL. No mark-up of any expense is permitted. The following is
the EXCLUSIVE list of reimbursable expenses:

A. Travel and Mileage. Consultant must request the travel in writing and justify why the travel
should be reimbursed. Travel expenses must be approved in writing by District, in its sole discretion.
Trips from any Consultants office to Districts office or to the subject project site will not be
approved for reimbursement.

B. Reimbursable Reprographic Services. Print sets or copies requested in writing by District beyond
the quantities required under the WAL.

C. Fees for Subcontractors. Fees for subcontractors hired and paid by Consultant at the written
request of District and are permitted in the Agreement and the WAL.

D. Fees advanced for securing approval of public agencies having jurisdiction over any project
hereunder.

IV. Consultant shall provide to District a complete Schedule of Values (SOV), identifying major work
activities required to complete the authorized scope of work. All invoices must reflect the appropriate
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ND#4819-2103-6308 Exhibit B page 3 Consultant Services Agreement

progress percentage for each SOV item billed, to be verified by District. District will compensate
Consultant for the Services performed upon approval by District of a valid and complete invoice, in form
and substance acceptable to District. See Exhibit G for required Invoice Approval Form and Billing
Cover Sheet. The Billing Cover Sheet shall reflect the approved SOV. In connection with Services that
are only partially completed at the time an invoice is paid, notwithstanding any provision of the
Agreement, the WAL, or any other document, payment of the invoice does not constitute acceptance of
the partially completed work or Service. Each invoice is to include:

A. Billing Cover Sheet/SOV with all appropriate progress percentages identified toward completion of the
Services.
B. Acceptable back-up for billings shall include, but not be limited to:
a. Records for all personnel describing the work performed, the number of hours worked, and the
hourly rate, for all time charged to the Services.
b. Records for all supplies, materials and equipment properly charged to the Services.
c. Records for all travel pre-approved by District and properly charged to the Services.
d. Records for all subcontractor labor, supplies, equipment, materials, and travel properly charged
to the Services.

Unless otherwise directed by District, in writing, completed invoices are to be submitted to the attention of the
Director of Purchasing and the Assistant Superintendent, Business and Fiscal Services. To be considered complete,
the invoice packet shall include all back-up documentation required by District and sign-off from District staff,
Program Manager or project manager assigned by District to supervise the Services.

V. The total compensation for the Services shall be provided for in the WAL(s) issued subsequent to this
Agreement.

VI. Compensation Upon Termination. In the event that District suspends or terminates this Agreement, the
WAL or any of the Services pursuant to Section 11 or Section 12a of the Agreement, District will pay
Consultant as provided herein and the WAL for all Services and authorized Additional Work actually
performed, and all authorized reimbursable expenses actually incurred and paid, under and in accordance with
this Agreement and the WAL, up to and including the date of suspension or termination; provided that such
payments shall not exceed the amounts specified in the Agreement and the WAL as compensation for the
Services completed, plus any authorized Additional Work and authorized reimbursable expenses completed
prior to suspension or termination. No payment for demobilization shall be paid unless District at its sole
discretion determines that demobilization or other compensation is appropriate. After a notice of termination is
given, Consultant shall submit to District a final claim for payment, in the form and with certifications
prescribed by District. Such claim shall be submitted promptly, but in no event later than forty (40) calendar
days after the Termination Date specified on the notice of termination. Such payment shall be Consultants
sole and exclusive compensation and District shall have no liability to Consultant for any other compensation
or damages, including without limitation, anticipated profit, prospective losses, legal fees or costs associated
with legal representation or consequential damages, of any kind.
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ND#4819-2103-6308 Exhibit C page 1 Consultant Services Agreement


EXHIBIT C
TO AGREEMENT FOR CONSULTANT SERVICES #13-133


INSURANCE

I. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to District
Superintendent or District Counsel, in full force and effect throughout the Term of this Agreement and the WAL,
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, subcontractors, representatives and/or employees.
Insurance is to be placed with insurers authorized to conduct business in the State of California and with a current
A.M. Best's rating of no less than A, as rated by the current edition of Bests Key Rating Guide, published by A.M.
Best Company, Oldwick, New J ersey 08858. Consultant shall provide the following scope and limits of insurance:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability coverage of not less than two million dollars ($2,000,000)
aggregate and one million dollars ($1,000,000) per occurrence.

(2) Auto liability insurance with limits of not less than one million dollars ($1,000,000).

(3) Insurance coverage should include:

1. owned, non-owned and hired vehicles;
2. blanket contractual;
3. broad form property damage;
4. products/completed operations; and
5. personal injury.

(4) Workers' Compensation insurance as required by the laws of the State of California.

(5) Abuse and Molestation coverage of not less than two million dollars ($2,000,000) per
occurrence and five million dollars ($5,000,000) aggregate.

(6) Professional liability (Errors and Omissions) insurance, including contractual liability, as
appropriate to the Consultants profession, in an amount of not less than the following:

Accountants, Attorneys, Education Consultants, $1,000,000
Nurses, Therapists

Architects $1,000,000 or $2,000,000

Physicians and Medical Corporations $5,000,000

Failure to maintain professional liability insurance is a material breach of this Agreement and the WAL and
grounds for immediate termination

II. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
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ND#4819-2103-6308 Exhibit C page 2 Consultant Services Agreement


A. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the
coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in
coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been
given to District

B. General Liability, Automobile Liability, and Abuse/Molestation Coverages.

(1) District, and its respective elected and appointed officers, officials, employees and
volunteers are to be covered as additional insureds (collectively, additional insureds) as respects the following:
liability arising out of activities and/or Services Consultant performs; products and completed operations of
Consultant; premises owned, occupied or used by Consultant; automobiles owned, leased, hired or borrowed by
Consultant, and Abuse/Molestation. The coverage shall contain no special limitations on the scope of protection
afforded to additional insureds.

(2) Each policy shall state that the coverage provided is primary and any insurance carried by
any additional insured is in excess to and non-contributory with Consultants insurance.

(3) Consultants 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.

(4) Any failure to comply with the reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to any additional insured.

III. Other Requirements. Consultant agrees to deposit with District, at or before the effective date of this
Agreement and the WAL, certificates of insurance necessary to satisfy District that the insurance provisions of this
Agreement have been complied with. District may require that Consultant furnish District with copies of original
endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. District reserves the right to inspect complete,
certified copies of all required insurance policies, at any time.

A. If any Services are performed by a subcontractor, Consultant shall furnish certificates and
endorsements from each subcontractor identical to those Consultant provides.

B. Any deductibles or self-insured retentions must be declared to and approved by District. At the
option of District, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
District or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses
and claims.

C. The procuring of any required policy or policies of insurance shall not be construed to limit
Consultants liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.


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ND#4819-2103-6308 Exhibit D page 1 Consultant Services Agreement

EXHIBIT D
TO AGREEMENT FOR CONSULTANT SERVICES #13-133
CONFLICT OF INTEREST CHECK

Bylaws of the Board 2030(C)E requires that the Superintendent or a designee make a determination, on a case by
case basis, concerning whether disclosure will be required from a consultant to comply with Districts Conflict of
Interest Code (commencing with Bylaws of the Board 2030 BB).

Consultants are required to file disclosures when, pursuant to a contract with District, Consultant will make certain
specified government decisions or will perform the same or substantially the same duties for District as a staff
person would.


The services to be performed by Consultant under the Agreement to which this Exhibit D is attached [] constitute
[X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code.
Therefore, Consultant, [] is [X] is not subject to disclosure obligations.


Date:

By:
Lisa A. Franz
Director, Purchasing


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ND#4819-2103-6308 Exhibit E page 1 Consultant Services Agreement

EXHIBIT E
TO AGREEMENT FOR CONSULTANT SERVICES #13-133

BACKGROUND CHECK AND FINGERPRINTING PROCEDURES
FOR CONTRACTORS

The successful Bidder will be required to assure that its employees, subcontractors of any tier, material
suppliers, and consultants do not have direct contact with the Districts students during the performance
of the Contract in compliance with Education Code 45125.1 and 45125.2. To assure these provisions,
the successful Bidders supervisor shall be fingerprinted, and proof of same shall be provided to the
District prior to start of on-site work. The supervisor will monitor the workers conduct while on school
grounds. In addition, the successful Bidder shall barricade the Work area to separate its workers from the
students. Costs associated with this process are the responsibility of the successful Bidder.

The Contractors construction supervisors or their unsupervised employees who will be working outside
of fenced areas during the school hours must have submitted a fingerprint identification card to the
Department of J ustice (DOJ ) and have a proof of clearance in the form of an affidavit filed in the Oxnard
School Districts Purchasing Office prior to the start of the Work.

California Education Code 45125.1 and 45125.2 require that criminal checks be completed for
contractors (Contracting Firm) who provide architectural, construction, janitorial, administrative,
landscape, transportation, food-related, or other similar services to school districts.

The undersigned does hereby certify to the Board of Trustees of the Oxnard School District as follows:

That I am a representative of the Contractor currently under contract (Contract) with the District; that I
am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on
behalf of Contractor.

Contractor certifies that it has taken the following actions with respect to the construction Project that is
the subject of the Contract:

1. Pursuant to Education Code 45125.2, Contractor has installed or will install, prior to
commencement of Work, a physical barrier at the Work Site, which will limit contact between
Contractors employees and District pupils at all times (mandatory for all Projects); AND

2. The Contractor has complied with the fingerprinting requirements of Education Code 45125.1
with respect to all Contractors employees and all of its subcontractors employees who may have contact
with District pupils in the course of providing services pursuant to the Contract, and the California
Department of J ustice has determined that none of those employees has been convicted of a felony, as that
term is defined in Education Code 45122.1. A complete and accurate list of Contractors employees and
of all its subcontractors employees who may come in contact with District pupils during the course and
scope of the Contract is attached hereto; AND/OR

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ND#4819-2103-6308 Exhibit E page 2 Consultant Services Agreement

3. Pursuant to Education Code 45125.2, Contractor certifies that all employees will be under the
continual supervision of, and monitored by, an employee of the Contractor who the California Department
of J ustice has ascertained has not been convicted of a violent or serious felony. The name and title of
each employee who will be supervising Contractors employees and its subcontractors employees is:

Name: _____________________________________

Title: ______________________________________

AND/OR

4. The Work on the Contract is at an unoccupied school site and no employee and/or subcontractor or
supplier of any tier of Contract shall come in contract with District pupils.

Contractors responsibility for background clearance extends to all of its employees, Subcontractors, and
employees of Subcontractors coming into contact with District pupils regardless of whether they are
designated as employees or acting as independent contractors of the Contractor.

Date: _________

Proper Name of Contractor: ______________________________________

Signature: _________________________

By: ______________________________________

Its: ______________________________________
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ND#4819-2103-6308 Exhibit F page 1 Consultant Services Agreement

EXHIBIT F
TO AGREEMENT FOR CONSULTANT SERVICES #13-133

SCOPE OF SERVICES CEQA/DTSC COMPLIANCE

The CEQA/DTSC Compliance Consultants Scope of Work includes, but is not limited to, the
following:
Consultant shall ensure that the project sites are thoroughly studied and analyzed regarding environment
impact and presence of toxins, and that all required mitigation and abatement requirements are fully
identified and filed with the State of California. All work by this consultant must be performed in
accordance with Division of State Architect (DSA), California Department of Education (CDE),
California Department of Toxic Substances Control (DTSC), California Environmental Quality Act
(CEQA), California Occupational Safety and Health Administration (Cal-OSHA), and all other agencies
having jurisdiction.

a. Confirmation of categorical exemption status and/or required environmental reporting of assigned
projects.
b. Preparation and public review of an Initial Study and Mitigated Negative Declaration to fulfill the
environmental review requirements under CEQA, including adoption of final IS/MND, Mitigation
Monitoring & Reporting Program, and Findings as required under CEQA and CA Ed. Code 17213;
c. Preparation of a Phase I Environmental Site Assessment as the initial task to comply with
California Department of Toxic Substances Control (DTSC) and California Department of
Education (CDE) requirements; and
d. Completion of a school siting safety screening evaluation as required by CDE for new school site
acquisition.

1. Project Initiation:
a. Following the assignment of the project and approval of work authorization, the consultant shall
meet with District representatives to discuss project compliance with the California Environmental
Quality Act (CEQA) and DTSC requirements. The meeting agenda shall include the following
items:
i. Introduction of District staff and consultant's representatives who will perform the work
ii. Discussion of potentially significant environmental issues, emphasis on controversial issues
iii. Discussion of preliminary calendar of events
iv. Discussion of preliminary distribution list for notices and CEQA documents
v. Discussion of preliminary budget

2. Calendar of Events:
a. The consultant shall provide the District with a proposed calendar of events that show the following:
i. Date due
ii. Date complete
iii. Description of event
iv. Responsible party
v. Related documents and activities
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ND#4819-2103-6308 Exhibit F page 2 Consultant Services Agreement

3. DTSC Compliance:
a. Coordination & correspondence with DTSC.
b. Completion of Phase I Environmental Site Assessment (ESA) in accordance with ASTM standard
1527-05, including records review, site reconnaissance, interviews, and report preparation. ESA
shall also include all requirements per DTSC Draft School Environmental Assessment Manual
(SEAM) published August 2008 or per updated documents published more recently.
c. Coordination with DTSC for review of ESA
d. Completion of a draft PEA work plan to expedite DTSC review process.
e. Completion of Phase II Sampling Program, as required by DTSC, and completion of the
Preliminary Environmental Assessment (PEA)
f. Coordination & Correspondence with the California Dept. of Education (CDE) to ensure
compliance with CDE site safety checklist, completion of all required CDE forms and all other
CDE site approval requirements, including but not limited to:
i. High Voltage Power Transmission Lines
ii. Airports
iii. Hazardous Air Emissions and Facilities Within a Quarter Mile
iv. Railroads
v. Pressurized Gas, Gasoline, or Sewer Pipelines
vi. High-Pressure Water Pipelines, Reservoirs, Water Storage Tanks
vii. Major Roadways
viii. Tsunami, Flood, and Dam Inundation
ix. EMF Frequencies

4. Initial Study/Notice of Preparation/Scoping Meeting:
a. The consultant shall prepare a comprehensive project description which will form the basis for
environmental evaluation under CEQA.
b. The consultant shall analyze the project and prepare a Draft Initial Study (IS) to identify
potentially significant environmental issues.
i. The Initial Study shall include:
Introduction & Environmental Setting Purpose of study & general description of existing
geographic character and immediate site vicinity.
Environmental Impact Analysis Prepared per CEQA environmental checklist form. Where
possible, impacts to be quantified or reasonable assumptions will be declared to forecast
potential impacts. Standard mitigation measures will be incorporated.
c. The consultant shall incorporate the IS into a notice of preparation (NOP) of CEQA documents for
circulation among the public.
d. The consultant shall prepare a proposed distribution list for CEQA documents.
e. The consultant shall facilitate one or more scoping meetings.
f. The consultant, subsequent to closure of the 30 day NOP review period, shall prepare a
memorandum to the District summarizing the issues raised during the review period, including
scoping meetings. The memorandum shall identify those issues that should be incorporated into
the CEQA documents. The consultant shall recommend to the District whether additional analysis,
outside of this scope of work, is necessary to address any issue.


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ND#4819-2103-6308 Exhibit F page 3 Consultant Services Agreement

5. Negative Declaration:
a. Should the District and the consultant conclude that the preparing of a negative declaration meets
the requirements of CEQA, the consultant shall prepare and circulate the negative declaration to
responsible government agencies, interested parties and the public for comment.
b. The consultant shall prepare proposed written responses to comments by responsible government
agencies, interested parties and the public for the District's review. The consultant shall distribute
the District approved written responses to the persons and entities on the distribution list.

6. Mitigated Negatives
a. Should the District and the consultant conclude that the preparing of a mitigated negative
declaration (MND) is necessary to meet the requirements of CEQA, the consultant shall prepare
the MND and recommended mitigation measures and a mitigation monitoring and reporting plan
to reduce project impacts to below a level of significance and distribute same to responsible
government agencies, interested parties and the public for comment.
b. The Consultant shall facilitate publication/posting, circulation, and distribution to commenting
agencies and interested groups/individuals, including preparation & distribution of Notice of
Availability, and preparation of newspaper publication notices. All publication to be in
accordance to CEQA guidelines section 15072.
c. The consultant shall prepare and circulate written responses to comments by responsible
government agencies, interested parties and the public.

7. Environmental Impact Report:
a. Should the District and the consultant conclude that an environmental impact report (EIR) is
necessary to meet the requirements of CEQA, the consultant shall prepare a Draft EIR. The Draft
EIR shall incorporate relevant parts of technical studies such as the Preliminary Endangerment
Assessment (PEA), geological reports, historical resources evaluations and investigative reports
about developed and undeveloped real property contiguous to the project in addition to the
following topics:
i. Aesthetics. Light and glare generated by the project from athletic fields, parking lots and
security lights that may have significant impacts on surrounding real property and, if the real
property has been developed as residential, the residential character of the area. The consultant
shall use the conceptual site plan to determine the location of school facilities and potential
light and glare impacts to the surrounding areas.
ii. Agriculture Resources. The EIR shall account for the existing use or past use of the project site
for agricultural purposes.
iii. Air Quality. The consultant shall prepare a technical air quality analysis consistent with the
requirements of the South Coast Air Quality Management District (SCAQMD). All technical
calculations shall be provided as an appendix to the EIR. Background traffic volumes and level
of service calculations developed as part of the traffic/circulation analysis shall be used in
preparing this technical analysis. The analysis shall describe ambient air quality and evaluate
construction emissions, regional emissions, and local carbon monoxide emissions, consistent
with CEQA air quality analysis standards.
iv. Biological Resources. The EIR shall account for sensitive biological resources on the project
site and if there are whether the project has the potential to cause impacts to biological
resources.
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ND#4819-2103-6308 Exhibit F page 4 Consultant Services Agreement

v. Cultural/Paleontological Resources. The EIR shall contain a summary of historic resources
evaluation findings. A report of historic resources evaluation shall be included in the EIR as an
appendix. This EIR section shall include discussion of possible archaeological and
paleontological resources, if any.
vi. Geology and Soils. The EIR shall contain a summary of the geology and soils investigation
report. A copy of the geology and soils investigation report shall be included in the EIR as an
appendix.
vii. Hazards and Hazardous Materials. The EIR shall contain a summary of the hazards
investigations report. A copy of the hazards investigations report shall be included in the EIR as
an appendix.
viii. Hydrology and Water Quality. The EIR shall contain a summary of the hydrology or water
quality report. A copy of the hydrology or water quality report shall be included in the EIR as
an appendix.
ix. Land Use and Planning. The EIR shall contain findings by the consultant of whether the project
is consistent with the general plan of each jurisdiction within which the project site is located.
x. Noise
The EIR shall contain a technical noise analysis prepared by the consultant that shall
identify the impacts, if any, on sensitive land uses adjacent to the proposed project site.
This report shall be summarized in the EIR and attached to the EIR as an appendix. This
report shall take into consideration background daily traffic volumes, including existing
and future baseline condition vehicular trips and project daily trip generation from the
traffic/circulation analysis, shall be used in preparing this technical analysis.
The noise analysis shall address the baseline noise conditions and shall provide a
quantitative analysis of construction noise, as well as operational noise generated by
vehicle traffic and athletic field events. Mitigation measures shall be recommended to
reduce impacts to below a level of significance.
xi. Population and Housing
The EIR shall contain a description of the current population, housing, and employment
characteristics for the jurisdiction in which the project site is located based on data from
the jurisdiction's general plan or more recent Southern California Association of
Governments (SCAG) projections, or most recent census data.
The consultant shall characterize the District's student enrollment characteristics and
projections based on the District's Facilities Master Plan. The consultant shall evaluate
these characteristics, how they are affected by the proposed project, how they relate to the
controlling jurisdiction's general plan land use designations for the project site, and the
levels of development allowed under the current designation.
xii. Public Services and Utilities
The EIR shall contain an evaluation of the project's requirement for the extension of
infrastructure to the project site for all required utilities such as water, electricity,
telecommunications and sewerage.
The EIR shall contain an evaluation of the age and condition of existing infrastructure in
the vicinity of the project site for all required utilities such as water, electricity,
telecommunications and sewerage and a determination of whether substantial
improvements to that infrastructure may be necessary and should be evaluated.
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ND#4819-2103-6308 Exhibit F page 5 Consultant Services Agreement

In addition to responses provided during the NOP review period, existing purveyors of
public services and utilities shall be contacted by the consultant to ascertain the location
and capacity of their facilities, to identify expansion plans, and to identify potential
demand by the proposed project. Based on discussions with service providers, the
consultant shall determine potential project impacts and identify mitigation.
The EIR shall include an analysis of the existing recreational facilities in the area of the
project site.
xiii. Vehicular Traffic Volume and Circulation. The Draft EIR shall contain a Traffic Impact
Analysis (TIA) for the project prepared by the consultant that shall be summarized in the body
of the Draft EIR. The report shall be included as an appendix to the EIR. The TIA report shall
analyze on-site vehicular and pedestrians circulation as well as impacts to the surrounding street
system. The TIA report shall take into consideration any vacation of streets. Mitigation
Monitoring and Reporting Plan. The Draft EIR shall include a mitigation monitoring and
reporting plan as an appendix to the EIR.

xiv. Documents Mandated by CEQA. The EIR shall contain the following CEQA mandated
findings in addition to the requirements outlined above:
Cumulative impacts
Growth inducing impacts
Any significant irreversible environmental changes that, would be involved in the
proposed action should it be implemented
Unavoidable adverse impacts
Alternatives Analysis - the consultant, based on information provided by the District shall
provide an alternative analysis of possible project alternatives that were considered in
addition to the required No Project Alternative.
xv. Executive Summary. The Draft EIR shall include a reader friendly, non-technical executive
summary.
xvi. Mitigation Monitoring and Reporting Plan. The Draft EIR shall include a mitigation monitoring and
reporting plan as an appendix to the EIR.

8. Review of Draft EIR by District Prior to Circulation:
a. The consultant shall meet in a workshop format with the District's staff to discuss comments on
the Draft EIR received during the public review period. This meeting will provide a forum to
resolve all issues in an expedited manner the objective being to avoid multiple rounds of review,
correction, and re-review by the District and the consultant.
b. Following the meeting referred to above, the consultant shall make revisions to the document and
it's supporting technical studies. After revising the Draft EIR, the consultant shall prepare an
executive summary, which shall consist of a tabular summary of project impacts and mitigation
measures and a determination of each impact's significance following mitigation. The executive
summary shall contain a brief project description, controversial issues to be resolved, and a brief
description of project alternatives.




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ND#4819-2103-6308 Exhibit F page 6 Consultant Services Agreement

9. Response to Comments on EIR During Public Review Period:
a. During the public review period, the consultant shall log in the comments and shall review the
comments on the Draft EIR as they are received by the consultant.
b. The consultant shall prepare proposed responses to comments on the Draft EIR in a style that is
reader friendly, non-technical and communicates effectively to the public. All comments on the
Draft EIR shall be considered for responses whether or not the subject of the comment is required
in the Draft EIR. The consultant may recommend to the District the appropriate person/entity to
prepare draft responses to comments on the Draft EIR.

10. Resolution; Findings of Fact; Statement of Overriding Considerations:
a. The consultant shall prepare Findings of Fact that support the conclusions of the proposed Final
EIR.
b. The consultant shall prepare the related resolution for adoption by the Board of Education that
certifies that the Final EIR as adequate and complete.
c. If the proposed Final EIR identifies significant unavoidable impacts, the consultant shall prepare a
Statement of Overriding Considerations.
d. The Finding of Fact and the Statement of Overriding Considerations shall be such that they meet
the requirements of Sections 15091 through 15093 of the State CEQA Guidelines, and fully
address all facts and findings, project benefits, and project impact and benefit balancing
considerations required of a statement of overriding considerations

11. Advertisement of Documents and Entering CEQA Documents into Public Records:
a. Consultant shall be responsible for the timely advertising and distribution of all public notices and
other documents related to project compliance with CEQA.
b. Consultant shall be responsible for the timely filing of CEQA documents with government
agencies such as the State Clearinghouse, County Recorder and Clerk of the Board of Supervisors
to enter the documents into the public record. If time is of the essence in the filing of CEQA
documents, consultant shall, as a reimbursable expense, advance filing fees and reasonable costs.

12. Project Management and Attendance at Progress Meetings:
a. The consultant shall assume an active project management role. The consultant shall attend
various project meetings and communicate and coordinate with government agencies, interested
parties and the public as is typically required by the CEQA compliance process for similar projects
and as requested by the District.
b. The consultant shall be responsible for developing the work schedule, keeping the process on
schedule and keeping the process within budget.
c. The consultant's project manager shall establish and maintain ongoing verbal communication with
the District. Additionally, the project manager shall prepare any writings requested by the District.
d. In addition to those meetings shown in the work schedule, the consultant shall attend other
meetings as may be requested by the District. Consultant's representatives at meetings shall be
competent to address issues reasonably contemplated to be discussed among attendees.

13. Progress Reports:
a. A progress report shall accompany the monthly invoice that shows the following:
i. Summary of work completed during the previous month as it relates to the work schedule
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ND#4819-2103-6308 Exhibit F page 7 Consultant Services Agreement

ii. Summary of work to be completed during the current month as it relates to the work schedule
iii. Discussion of problem areas or project issues.

14. Reports:
As part of the Services, Consultant will prepare and deliver the following tangible work products to
District:
a. All progress reports, studies, final reports, and other documentation as indicated above, or as
required by CEQA, DSA, DTSC, or any other agency having jurisdiction.
b. Proof of all required submittal/filing of environmental studies and reports to the State of
California.
c. Completion of all required resolutions, adoptions, approval forms, etc. to ensure that
environmental studies are duly accepted by the Board of Trustees and filed with appropriate local
& state agencies.
d. Completion of a school siting safety screening evaluation as required by CDE for new school site
acquisition, and preparation of CDE required documentation for site approval application
submittal.

15. Time
NTP + 7 days: Consultant shall submit to the District a comprehensive calendar of services, studies, and
analyses required to complete the CEQA/DTSC environmental reporting requirements, as indicated in the
Calendar scope section above.
NTP + 30 days: Consultant shall submit to the District draft Phase I ESA document.
NTP + 45 days: Consultant shall submit draft IS/MND report for District review.
NTP + 60 days: Consultant shall submit confirmation of completion of 30-day DTSC review cycle.
NTP + 90 days: Consultant shall submit final Phase I ESA incorporating all DTSC comments &
revisions.
NTP + 120 days: Consultant shall complete the entire IS/MND process, including publication of final
IS/MND report, 30-day public comment period, and preparation of draft Phase I ESA.
Final Phase I ESA + 90 days: Consultant shall submit, and confirm final DTSC approval of PEA report.

All required public posting guidelines and other timelines are to be considered and incorporated within
the above milestones to the extent possible. In no way are the required dates above intended to supersede
legal posting requirement for public review, public comment, or other required review periods.

16. Accuracy Standards
Precision of the all required reports and recommendations shall be in accordance with the professional
standard of care to be expected of professional CEQA/DTSC consultants licensed to practice in the State
of California.
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ND#4819-2103-6308 Exhibit G page 1 Consultant Services Agreement

EXHIBIT G
TO AGREEMENT FOR CONSULTANT SERVICES #13-133

INVOICE APPROVAL LETTER & BILLING COVER SHEET

DATE:
Project No.___: [INSERT PROJECT NAME]
Consultant: LSA Associates, Inc. (LSA)

LSA has submitted Invoice No. _________ for review by the Districts Program Manager, Caldwell
Flores Winters, Inc. (CFW), and Assistant Superintendent of Business Services, Lisa Cline.

By signing below, a representative of LSA, hereby certifies that the invoice submitted is a true and
accurate reflection of the work performed to date, is an accurate representation of the percent work
completed for the phase identified in the invoice, and that the invoice submitted does not include any
charges for services that have been previously paid, or rejected by the District and/or CFW.



LSA Associates, Inc. Date


The invoice has been reviewed by the following and is recommended for payment:



Caldwell Flores Winters, Inc. Date




Oxnard School District Date
Lisa Cline, Assistant Superintendent,
Business and Fiscal Services
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ND#4819-2103-6308 Exhibit G page 2 Consultant Services Agreement

















































Not Project Related
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ND#4819-2103-6308 Exhibit G page 3 Consultant Services Agreement


Agreement #13-134
OXNARD SCHOOL DISTRICT
AGREEMENT FOR CONSULTANT SERVICES
(MASTER AGREEMENT HAZARDOUS MATERIALS SURVEY & TESTING)

This Agreement for Consultant Services (Agreement) is entered into as of this 13
th
day of November,
2013 by and between the Oxnard School District (District), with offices located at 1051 South A Street, Oxnard,
CA 93030, and EORM (Consultant) with a business address at 2401 East Gonzales Road, Suite 180, Oxnard, CA
93036. District and Consultant are sometimes hereinafter individually referred to as Party and hereinafter
collectively referred to as the Parties.
RECITALS
A. District is authorized by California Government Code Section 53060, and Board Policy 4368, to
contract with independent contractors for the furnishing of services concerning financial, economic, accounting,
engineering, legal, administrative and other matters. District has sought, by issuance of a Request for
Qualifications, the performance of certain services, with the precise scope of work to be specified at the time of
assignment of work.
B. Following submission of a Statement of Qualifications for the performance of services, Consultant
was prequalified by District to perform services on behalf of District that may be assigned, or not assigned, at the
Districts sole discretion.
C. The Parties desire to formalize the prequalification of Consultant for performance of services and
desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and
contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties
agree as follows:
1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all exhibits attached to this
Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein.
2. Master Agreement. This Agreement sets forth the basic terms and conditions between District and
Consultant. It may be supplemented from time to time with an individual Work Authorization Letter
(WAL) which shall be considered an amendment to this Agreement, and which shall be subject to all
the terms and conditions of this Agreement, and any further terms and conditions as set forth in the
WAL.
3. Scope of Services. The scope of Services to be assigned to Consultant pursuant to a WAL is further
defined in Exhibit F Scope of Services, wherein the general responsibilities of Consultant are
described pursuant to the discipline(s) for which the Consultant has been deemed prequalified by
District as described in this Agreement.
4. Agreement, Scope of Work, and Assignment of Projects. District may, from time to time, and at the
sole discretion of District, assign to Consultant specific services to be performed by Consultant (the
Services) pursuant to a WAL. The WAL assignment procedure and associated forms are set forth in
Exhibit A, which is attached hereto. This Agreement, together with the WAL, sets forth the terms and
conditions pursuant to which Consultant will perform such Services on behalf of District. The WAL
ND#4819-2103-6308 Consultant Services Agreement 2
shall particularize and describe, among other things, such project(s) for which Consultant is to perform
Services, such Services to be performed by Consultant at such project(s), the timeline for the
performance of such Services, and the compensation to be paid to Consultant for the performance of
such Services.
5. Term of Agreement. Subject to earlier termination as provided below, this Agreement shall remain in
effect from November 13, 2013 through November 12, 2018 (the Term). This Agreement may be
extended only by amendment, signed by the Parties, prior to the expiration of the Term. Such
agreement for extension shall be based upon the showing of good and sufficient cause by Consultant
that such extension(s) shall be granted. District shall not be obligated to compensate Consultant for
any additional costs if such an extension has been granted to this Agreement. Any provision for
additional compensation shall be accommodated via the WAL process as indicated in Exhibit A.
6. Time for Performance. The scope of the Services set forth in the WAL shall be completed during the
Term pursuant to the schedule specified in the WAL. If Services indicated in the WAL cannot be
completed within the schedule set forth in the WAL, or if the schedule exceeds the Term of this
Agreement, it is the responsibility of Consultant to notify District at least ninety (90) days prior to the
expiration of either, with a request for a time extension clearly identifying the cause(s) for the failure to
complete the Services within the schedule and/or the Term. Should Consultant fail to provide such
notice, and/or the Services not be completed pursuant to that schedule or within the Term, Consultant
shall be deemed to be in Default as provided below. District, in its sole discretion, may choose not to
enforce the Default provisions of this Agreement and may instead allow Consultant to continue
performing the Services.
7. Additional Services. Additional Services are services in addition to the Services set forth in the WAL
that are provided by Consultant pursuant to a written request by District. Additional Services will
require a written request or pre-authorization in writing by District following specific approval of such
services by the District Board of Trustees. It is understood and agreed that Consultant shall not
perform any Additional Services unless and until Consultant receives specific written approval for such
Additional Services from the District Board of Trustees. Any modification of the compensation to be
paid to Consultant as a result of Additional Services must be specifically approved in writing by the
District Board of Trustees. In the event that the District Board of Trustees approves in writing a
modification of the compensation, then Consultant shall be paid for such Additional Services pursuant
to Section 8, below. However, it is understood and agreed that if the cause of the Additional Services
is the sole or partial responsibility of Consultant, its agents, or any subconsultants or other parties under
the charge of Consultant, no additional compensation shall be paid to Consultant. If such conditions
exist so as to justify Additional Services as indicated above, which require additional compensation or
time in order to be performed, it is the sole responsibility of Consultant to submit a request for
Additional Services within ten (10) days of Consultants discovery of such conditions which require
Additional Services. It is understood and agreed that if Consultant performs any services that it claims
are Additional Services without receiving prior written approval from the District Board of Trustees,
Consultant shall not be paid for such claimed Additional Services.
8. Compensation and Method of Payment. This Agreement does not guarantee that District will issue a
WAL to Consultant nor does this Agreement guarantee any compensation to Consultant. This
Agreement does not create any obligation on the part of District to compensate Consultant absent a
WAL indicating compensation due to Consultant once Services are performed. Specific compensation
and payment amounts, including approved reimbursable expenses, shall be set forth in the WAL.
However, it is understood and agreed that the compensation to be paid to Consultant shall not be in
excess of or exceed the rates set forth in Exhibit B Compensation.
ND#4819-2103-6308 Consultant Services Agreement 3
a. Each month Consultant shall furnish to District an original invoice for all work performed and
expenses incurred during the preceding month for Services performed pursuant to a WAL. The invoice
shall clearly indicate the assigned project, the approved WAL, and shall detail charges by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts.
Sub-consultant charges, if any, shall be detailed by the following categories: labor, travel, materials,
equipment and supplies. District shall independently review each invoice submitted by Consultant to
determine whether the work performed and expenses incurred are in compliance with the provisions of
this Agreement and the WAL. In the event that no charges or expenses are disputed, the invoice shall
be approved and paid according to the terms set forth in subsection b. In the event any charges or
expenses are disputed by District, the original invoice shall be returned by District to Consultant for
correction and resubmission.
b. Except as to any charges for work performed or expenses incurred by Consultant which are
disputed by District, District will use its best efforts to cause Consultant to be paid within forty-five
(45) days of receipt of Consultants correct and undisputed invoice.
c. Payment to Consultant for work performed pursuant to this Agreement and a WAL shall not be
deemed to waive any defects in work performed by Consultant.
9. Responsibilities of Consultant:
a. Consultant shall perform all Services as indicated in this Agreement and the WAL to the
satisfaction of District.
b. The specific Services of Consultant to be performed shall be indicated in the WAL.
c. Consultant hereby represents and warrants that (a) it is an experienced consultant in the
discipline(s) identified in Exhibit F, having the skill and the legal and professional ability and the
flexibility necessary to perform all of the Services required under this Agreement; (b) it has the
capabilities and resources necessary to perform its obligations hereunder; (c) it is familiar with all
current laws, rules, regulations and other restrictions which are and may become applicable to the
scope of Services under this Agreement, including but not limited to all local ordinances, building
codes, and requirements of all Authorities Having J urisdiction (AHJ ) including but not limited to the
Division of State Architect (DSA), the Office of Public School Construction (OPSC), the State
Facilities Planning Division (SFPD), California Department of Education (CDE), the California
Department of General Services (DGS), the Department of Toxic Substances Control (DTSC), the
California Environmental Quality Act (CEQA), Title 24 of the California Code of Regulations, the
California Education Code, State and Local Fire Authorities, air quality districts, water quality and
control boards, and any/all other AHJ ; (d) that it will assume full responsibility for all Services
performed and all work prepared and furnished to District by its employees, agents, and subconsultants;
(e) that it has sufficient financial strength and resources to undertake and complete the Services
provided for under this Agreement within the schedule set forth in the WAL; and (f) that it certifies and
covenants that all reports, certifications, studies, analyses, and other documents prepared by Consultant
shall be prepared in accordance with all applicable laws, rules, regulations, and other requirements in
effect at the time of their preparation, or required at their time of submittal to District and or agencies.
d. Consultant shall follow accepted industry standards and practices and comply with all federal,
state, and local laws and ordinances applicable to the Services required by this Agreement and the
WAL.
10. Responsibilities of District.
ND#4819-2103-6308 Consultant Services Agreement 4
a. District will prepare and furnish to Consultant upon Consultants request, such information as is
reasonably necessary to the performance of the Services required under this Agreement and the WAL.
Consultant understands that all information provided to Consultant remains the property of District and
shall only be removed from Districts possession/premises and/or be photocopied, reproduced,
distributed, or otherwise made available to others if such activities are expressly approved in writing by
District and/or the Program Manager. Failure to comply with the above requirements shall be
reasonable cause for termination of this Agreement, and may subject Consultant to liability for
damages to District.
b. If needed by Consultant, District shall provide information as to the requirements and educational
program for each project assigned by a WAL, including approved budget and schedule limitations.
c. District shall facilitate and coordinate cooperation amongst and between District consultants,
including but not limited to architects, construction managers, surveyors, geotechnical engineers,
inspectors, testing laboratories, hazardous materials specialists, CEQA/DTSC compliance specialists,
technology experts, and any other professional consultants District deems necessary to execute the
Facilities Implementation Program. Such coordination shall include the distribution of documentation
prepared by individual consultants which may be of service to Consultant in the course of completing
the Services.
d. District shall facilitate and coordinate cooperation amongst and between District staff and
Consultant, as required to complete the Services.
e. District shall provide for the timely approval and execution of the WALs, Additional Services
requests, invoices, and any other documentation that requires District action in order for Consultant to
complete the Services.
11. Suspension. District may, for any reason or no reason, in Districts sole discretion, suspend all or a
portion of this Agreement, the WAL, or the Services by giving ten (10) calendar days written notice of
suspension to Consultant. In the event such notice is given, Consultant shall cease immediately all
work in progress. If District suspends the Services for a period of ninety (90) consecutive calendar
days or more and, in addition, if such suspension is not caused by Consultant or the acts or omissions
of Consultant, then if the Services are resumed, Consultants compensation shall be subject to
adjustment to provide for actual direct costs and expenses incurred by Consultant as a direct result of
the suspension and resumption by District of the Services.
12. Termination. This Agreement, the WAL, or the Services may be terminated at any time by mutual
agreement of the Parties or by either Party as follows:
a. District may terminate all or a portion of this Agreement, the WAL, or the Services without cause
at any time by giving ten (10) calendar days written notice of termination to Consultant. In the event
such notice is given, Consultant shall cease immediately all work in progress; or
b. District may terminate all or a portion of this Agreement, the WAL, or the Services for cause in the
event of a Default by giving written notice pursuant to Section 15, below; or
c. Consultant may terminate this Agreement or the WAL at any time upon thirty (30) calendar days
written notice if District fails to make any undisputed payment to Consultant when due and such failure
remains uncured for forty-five (45) calendar days after written notice to District.
ND#4819-2103-6308 Consultant Services Agreement 5
13. Similar or Identical Services. In the event that this Agreement, the WAL, or any of the Services are
terminated in whole or in part as provided herein, District may procure, upon such terms and in such
manner as District may determine appropriate, services similar or identical to those terminated to
complete any unfinished Services or new services as needed by District.
14. Inspection and Final Acceptance. District acceptance of any of work or Services, whether specifically
in writing or by virtue of payment, shall not constitute a waiver of any of the provisions of this
Agreement or the WAL including, but not limited to, indemnification and insurance provisions.
15. Default. Failure of Consultant to perform any Services or comply with any provisions of this
Agreement or the WAL constitutes a Default. District may terminate all or any portion of this
Agreement, the WAL, or the Services for cause in the event of a Default. The termination shall be
effective if Consultant fails to cure such Default within thirty (30) calendar days following issuance of
written notice thereof by District, or if the cure by its nature takes longer, fails to commence such cure
within thirty (30) calendar days from the date of issuance of the notice and diligently prosecutes such
cure to the satisfaction of District. If Consultant has not cured the Default, District may hold all
invoices and may choose to proceed with payment on said invoices only after the Default is cured to
Districts satisfaction. In the alternative, District may, in its sole discretion, during the period before
Consultant has cured the Default, elect to pay any portion of outstanding invoices that corresponds to
Services satisfactorily rendered. Any failure on the part of District to give notice of Consultants
default shall not be deemed to result in a waiver of Districts legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to Districts termination rights set forth above, District shall have (i) the right to cure
Consultants Default at Consultants cost, in which case all amounts expended by District in connection
with such cure shall accrue interest from the date incurred until repaid to District by Consultant at the
rate of ten percent (10%) per annum; and (ii) all other rights and remedies available to District at law
and in equity, including, without limitation, an action for damages. District shall have the right to
retain unpaid earned balances to offset damages, and/or charge Consultant for all damages above and
beyond unpaid balance of WAL.
16. Ownership of Documents. All maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any Services pursuant to this Agreement or the WAL
(collectively and individually, the Documents) shall become the sole property of District and may be
used, reused or otherwise disposed of by District without the permission of Consultant. Upon
completion, expiration or termination of this Agreement or the WAL, Consultant shall turn over to
District all such Documents.
17. Use of Documents by District. If and to the extent that District utilizes for any purpose not related to
this Agreement or the WAL any Documents, Consultants guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
18. Consultants Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultants performance of Services pursuant to this Agreement or the
WAL for a minimum of four years after termination or expiration of this Agreement and the WAL, or
longer if required by law. Such records shall include at minimum a detailed record of daily
performance, staff time records, subconsultants time records, documentation of all costs incurred by
Consultant that were billed to District, and detailed records of all Consultant fees, overhead, and profit
on earned amounts.
ND#4819-2103-6308 Consultant Services Agreement 6
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled
checks, or other documents or records evidencing or relating to work, services, expenditures and
disbursements charged to District pursuant to this Agreement or the WAL for a minimum of four years,
or longer if required by law, all in accordance with generally accepted accounting principles and with
sufficient detail so as to permit an accurate evaluation of the Services provided by Consultant pursuant
to this Agreement or the WAL.
b. Any and all such records or documents shall be made available for inspection, audit and copying, at
any time during regular business hours, upon request by District or its designated representative.
Copies of such documents or records shall be provided directly to District for inspection, audit and
copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such
documents and records shall be made available at Consultants address indicated for receipt of notices
in this Agreement.
c. District has the right to acquire custody of such records by written request if Consultant decides to
dissolve or terminate its business. Consultant shall deliver or cause to be delivered all such records and
documents to District within sixty (60) days of receipt of the request.

19. Independent Contractor. Consultant is retained as an independent contractor and is not employed by
District. No employee or agent of Consultant shall become, or be considered to be, an employee of
District for any purpose. It is agreed that District is interested only in the results obtained from the
Services under this Agreement and the WAL and that Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the Services required under this
Agreement and the WAL. Consultant shall complete this Agreement and the WAL according to its
own methods of work which shall be in the exclusive charge and control of Consultant and which shall
not be subject to control or supervision by District except as to results of the Services. Consultant shall
provide all of its own supplies, equipment, facilities, materials, manpower, and any/all other resources
that may become necessary in the course of completing the Services. It is expressly understood and
agreed that Consultant and its employees shall in no event be entitled to any benefits to which District
employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation,
workers compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultants employees wages, payroll taxes, employee benefits and any
amounts due for federal and state income taxes and Social Security taxes since these taxes will not be
withheld from payments under this Agreement or the WAL.
a. The personnel performing the Services under this Agreement and the WAL on behalf of Consultant
shall at all times be under Consultants exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultants
officers, employees, or agents are in any manner officials, officers, employees or agents of District.
b. Consultant shall have no authority to bind District in any manner, or to incur any obligation, debt
or liability of any kind on behalf of or against District, whether by contract or otherwise, unless such
authority is expressly conferred in writing by District, or under this Agreement.
20. Standard of Performance. Consultant represents and warrants that it has the skill, qualifications,
experience and facilities necessary to properly perform the Services required under this Agreement and
the WAL in a thorough, competent and professional manner. Consultant represents and warrants that
its employees and subcontractors have all legally required licenses, permits, qualifications and
approvals necessary to perform the Services and that all such licenses and approvals shall be
maintained throughout the term of this Agreement and the WAL. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all Services
ND#4819-2103-6308 Consultant Services Agreement 7
described herein and the WAL. In meeting its obligations under this Agreement and the WAL,
Consultant shall employ, at a minimum, the standard of care utilized by persons engaged in providing
services similar to those required of Consultant under this Agreement and the WAL for California
school districts in or around the same geographic area of District (the Standard of Performance).
21. Confidential Information. All information gained during performance of the Services and all
Documents or other work product produced by Consultant in performance of this Agreement and the
WAL shall be considered confidential (confidential information). Consultant shall not release or
disclose any such confidential information, Documents or work product to persons or entities other
than District without prior written authorization from the Superintendent of District and/or Program
Manager, except as may be required by law. Confidential information does not include information
that: (i) Consultant had in its possession prior to considering entering into this Agreement; (ii) becomes
public knowledge through no fault of Consultant; (iii) Consultant lawfully acquires from a third party
not under an obligation of confidentiality to the disclosing party; or (iv) is independently developed by
Consultant without benefit of the information provided by District. In connection with confidential
information:
a. Consultant shall promptly notify District if it is served with any summons, complaint, subpoena or
other discovery request, court order or other request from any party regarding this Agreement or the
WAL or the Services performed hereunder or the WAL.
b. District retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to
provide District with the opportunity to review any response to discovery requests provided by
Consultant; provided that this does not imply or mean the right by District to control, direct, or rewrite
said response.
22. Conflict of Interest; Disclosure of Interest. Consultant covenants that neither it, nor any officer or
principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of District or which would in any way hinder Consultants performance of the
Services under this Agreement or the WAL. Consultant further covenants that in the performance of
this Agreement and the WAL, no person having any such interest shall be employed by it as an officer,
employee, agent or subcontractor without the express written consent of District. Consultant agrees to
at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of
District in the performance of this Agreement and the WAL.
a. Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E, as hereinafter amended or renumbered,
require that a consultant that qualifies as a designated employee must disclose certain financial
interests by filing financial interest disclosures. By its initials below, Consultant (i) represents that it
has received and reviewed a copy of the Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E and
that it [____] does [X] does not qualify as a designated employee; and (ii) agrees to notify District, in
writing, if Consultant believes that it is a designate employee and should be filing financial interest
disclosures, but has not been previously required to do so by District.
______ (Initials)
23. Compliance with Applicable Laws. In connection with the Services and its operations, Consultant
shall keep itself informed of and comply with all applicable federal, state and local laws, statutes,
codes, ordinances, regulations and rules including, but not limited to, minimum wages and/or
prohibitions against discrimination, in effect during the Term. Consultant shall obtain any and all
licenses, permits and authorizations necessary to perform the Services. Neither District, nor any
ND#4819-2103-6308 Consultant Services Agreement 8
elected or appointed boards, officers, officials, employees or agents of District shall be liable, at law or
in equity, as a result of any failure of Consultant to comply with this section.
a. Without limiting the generality of the foregoing, Consultant, unless exempted, shall comply with
the requirements of Education Code Section 45125.1 with respect to fingerprinting of employees who
may have contact with Districts pupils. Consultant must complete Districts certification form,
attached herein as Exhibit E, prior to any of Consultants employees coming into contact with any of
Districts pupils. Consultant also agrees to comply with all other operational requirements of District,
as may be revised from time to time, including but not limited to any obligations relating to vaccination
or testing for infectious diseases.
______ (Initials)
24. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of
the Federal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seq., as amended, and in
connection therewith, shall not employ unauthorized aliens as that term is defined in 8 U.S.C.A.
1324a(h)(3). Should Consultant so employ such individuals for the performance of work and/or
Services covered by this Agreement or the WAL, and should any liability or sanctions be imposed
against District for such employment, Consultant hereby agrees to and shall reimburse District for the
cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys'
fees, incurred by District.
25. Non-Discrimination. Consultant shall abide by the applicable provisions of the United States Civil
Rights Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in
any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex,
sexual orientation, age, physical handicap, medical condition or marital status in connection with or
related to the performance of this Agreement or the WAL.
26. Disabled Veteran Business Enterprise Participation. Pursuant to Education Code section 17076.11,
District has a participation goal for disabled veteran business enterprises (DVBEs) of at least three (3)
percent, per year, of funds expended each year by District on projects that use funds allocated by the
State Allocation Board pursuant to the Leroy F. Greene School Facilities Act. Unless waived in
writing by District, Consultant shall provide proof of DVBE compliance, in accordance with any
applicable policies of District or the State Allocation Board, within thirty (30) days of its execution of
this Agreement
27. Assignment. The expertise and experience of Consultant are material considerations for this
Agreement and the WAL. District has an interest in the qualifications of and capability of the persons
and entities that will fulfill the duties and obligations imposed upon Consultant under this Agreement
and the WAL. In recognition of that interest, Consultant shall not assign or transfer this Agreement or
any portion of this Agreement or any portion of the WAL or the performance of any of Consultants
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by Districts Board of Trustees. Any attempted assignment shall be ineffective,
null and void, and shall constitute a material breach of this Agreement and the WAL entitling District
to any and all remedies at law or in equity, including summary termination of this Agreement and the
WAL.
28. Subcontracting. Notwithstanding the above, Consultant may utilize subcontractors in the performance
of its duties pursuant to this Agreement and the WAL, but only with the prior written consent of
District. Consultant shall be as fully responsible to District for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by Consultants subcontractors, as
if the acts and omissions were performed by Consultant directly.
ND#4819-2103-6308 Consultant Services Agreement 9
29. District Administrator. Lisa Franz shall be in charge of administering this Agreement on behalf of
District, (the Administrator) provided that any written notice or any consent, waiver or approval of
District must be signed by the Superintendent or a designated employee of District to be valid. The
Administrator has completed Exhibit D Conflict of Interest Check attached hereto.
30. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultants staff and subcontractors consistent with the staff proposed as part of the
Statement of Qualifications, if any, assigned to perform Services under this Agreement and the WAL.
a. Consultant shall provide District and the Administrator a list of all personnel and subcontractors
providing Services and shall maintain said list current and up to date at all times during the Term. The
list shall include the following information: (1) all full or part-time staff positions by title, including
volunteer positions whose direct services are required to provide the Services; (2) a brief description of
the functions of each such position and the hours each position works each week or, for part-time
positions, each day or month, as appropriate; (3) the professional degree, if applicable, and experience
required for each position; and (4) the name of the person responsible for fulfilling the terms of this
Agreement and the WAL.
31. Indemnification. To the fullest extent permitted by law, Consultant shall defend and indemnify
District and its officials, elected board members, employees and agents (Indemnified Parties) from
and against all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, its officers, employees, consultants, subcontractors, or agents, pursuant
to this Agreement and/or the WAL, but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of any of the Indemnified Parties.
a. Consultant agrees to obtain executed indemnity agreements with provisions identical to the above
from each and every subcontractor retained or employed by Consultant in the performance of this
Agreement and the WAL. Failure of District to monitor compliance with these requirements imposes
no additional obligations on District and will in no way act as a waiver of any rights hereunder.
Consultants obligation to indemnify and defend District as set forth above is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and the
WAL.
______ (Initials)
32. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit C Insurance and made a part of this
Agreement. All insurance policies shall be subject to approval by District as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the District
Superintendent.
33. Notices. All notices required or permitted to be given under this Agreement or the WAL shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and
return receipt requested, addressed as follows:
To District: Oxnard School District
1051 South A Street
Oxnard, California, 93030
Attention: Lisa Cline
Assistant Superintendent, Business & Fiscal Services
Re: [Insert Project Name]
ND#4819-2103-6308 Consultant Services Agreement 10
With electronic copy to: Caldwell Flores Winters, Inc.
Oxnard School District Program Manager
6425 Christie Ave., Suite 270
Emeryville, California 94608
Attention: Yuri Calderon
T: 510-596-8170
Email: ycalderon@cfwinc.com
To Consultant: EORM
2401 East Gonzales Road, Suite 180
Oxnard, CA 93036
ATTN: Anthony Price
T: (805) 288-5070
Email: pricea@eorm.com
All notices, demands, or requests to be given under this Agreement or the WAL shall be given in writing
and conclusively shall be deemed received when delivered in any of the following ways: (i) on the date
delivered if delivered personally; (ii) on the date sent if sent by facsimile transmission and confirmation of
transmission is received; (iii) on the date it is accepted or rejected if sent by certified mail; and (iv) the date
it is received if sent by regular United States mail.
34. Excusable Delays. Neither Party will be liable to the other for unanticipated delays or failures in
performance resulting from causes beyond the reasonable control of that Party, including, but not
limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war,
governmental regulations, communications or utility failures, or casualties; provided that the delayed
Party: (i) gives the other Party prompt written notice of such cause; and (ii) uses its reasonable efforts
to correct such failure or delay in its performance. The delayed Party's time for performance or cure
under this section will be extended for a period equal to the duration of the cause or sixty (60) days,
whichever is less.
35. Entire Agreement; Binding Effect. This Agreement including Exhibits hereto, contains the entire
understanding of the Parties, and supersedes all other written or oral agreements. Consultant shall be
entitled to no other benefits other than those specified herein. No changes, amendments or alternations
shall be effective unless in writing and signed by both Parties and approved by Districts Board of
Trustees. Consultant specifically acknowledges that in entering into this Agreement, Consultant relied
solely upon the provisions contained in this Agreement and no others. This Agreement shall be
binding upon the heirs, executors, administrators, successors and assigns of the Parties.
36. Amendment. No changes, amendments to or modifications of this Agreement or the WAL shall be
valid, effective or binding unless made in writing and signed by both Parties and approved by the
Districts Board of Trustees. The Parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
37. Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement or the WAL shall
not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of
the provisions of this Agreement or the WAL shall not constitute a waiver of any other provision or a
waiver of any subsequent breach or violation of any provision of this Agreement or the WAL. None of
the provisions of this Agreement or the WAL shall be considered waived by either Party unless such
waiver is specifically specified in writing. Neither Districts review, approval of, nor payment for, any
of the Services required under this Agreement or the WAL shall be construed to operate as a waiver of
ND#4819-2103-6308 Consultant Services Agreement 11
any rights under this Agreement or the WAL, and Consultant shall remain liable to District in
accordance with this Agreement and the WAL for all damages to District caused by Consultants
failure to perform any of the Services to the Standard of Performance. This provision shall survive the
termination of this Agreement and the WAL.
38. Governing Law. This Agreement and the WAL shall be interpreted, construed and governed
according to the laws of the State of California. With respect to litigation involving this Agreement,
the WAL or the Services, venue in state trial courts shall lie exclusively in the County of Ventura,
California.
39. Severability. If any term, condition or covenant of this Agreement or the WAL is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement and the WAL shall not be affected thereby and the Agreement and WAL
shall be read and construed without the invalid, void or unenforceable provision(s).
40. Authority to Execute. The person or persons executing this Agreement on behalf of Consultant
represents and warrants that he/she/they has/have the authority to so execute this Agreement and to
bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, District and Consultant have executed and delivered this Agreement for
consultant services as of the date first written above.

OXNARD SCHOOL DISTRICT: EORM:



Signature Signature

Lisa A. Franz, Director, Purchasing
Typed Name/Title Typed Name/Title


Date Date

Tax Identification Number: 95-6002318 Tax Identification Number:

Not Project Related
Project #13-134


ND#4819-2103-6308 Exhibit A page 1 Consultant Services Agreement

EXHIBIT A
TO AGREEMENT FOR CONSULTANT SERVICES #13-134

WORK AUTHORIZATION PROCEDURES

1. Assignment of Work Authorization
1.1. Request For Proposal (RFP): At the sole discretion of District, one or more prequalified
professional services consultants shall be solicited with a Request For Proposal (RFP) for a
specific lump sum fixed fee proposal for defined Services to be complete within a defined timeline.
For a proposal to be valid it must clearly acknowledge the complete Services requested by District
and must include a lump sum fixed fee amount to complete all defined Services, a clearly defined
schedule for completion of Services which meets the required timeline defined by District and
shows final completion to occur within the Term of this Agreement.

1.2. Evaluation of Proposal: Districts Program Manager, in consultation with District, shall review each
proposal for validity, accuracy, competitiveness, and overall quality of the Services proposed to be
performed. In the case where more than one firm is solicited for a scope of defined Services, the
Program Manager shall evaluate each proposal thoroughly based on predetermined, objective
criteria to ensure a just and fair review of all proposals.

1.3. Selection of Consultant: Following evaluation of proposals, the consultant whose proposal exhibits
the best value for the benefit of District shall be recommended to the Superintendent for approval.

1.4. Work Authorization Letter (WAL): With the approval of the District Superintendent, the Program
Manager shall issue a Work Authorization Letter (WAL) to the selected consultant to perform the
defined Services as indicated in the RFP, for the lump sum fixed fee amount reflected in the
proposal, with all Services to complete within the timeline indicated in the RFP, and the Term set
forth in this Agreement. District retains the right to negotiate all terms of the WAL subsequent to
the receipt of proposal(s) in order to clarify the scope of Services, and/or make any adjustments to
the fee amount and required schedule prior to issuance of the WAL. The WAL shall be considered
a binding agreement, and amendment to this Agreement, once executed by Consultant, approved by
the District Board of Trustees, and executed by the Superintendent.

1.5. Performance of Services Set Forth in the WAL: Performance of Services set forth in the WAL shall
not commence until final approval by the District Superintendent and Board of Trustees, unless
expressly authorized by the District Superintendent and Program Manager. During the course of
completing the Services, Consultant shall comply will all provisions of this Agreement and the
WAL. All Services set forth in the WAL shall be completed within the schedule set forth in the
WAL.

1.6. Close Out of WAL Services: Upon completion of all Services required by the WAL, Consultant
shall submit all required close-out documentation, certifications, records, reports, warranties, and
any other information required or requested by District prior to submitting Consultants invoice for
final payment.

1.7. WAL Form: See next page for sample Work Authorization Letter.
Not Project Related
Project #13-134


ND#4819-2103-6308 Exhibit A page 2 Consultant Services Agreement

Not Project Related
Project #13-134

ND#4819-2103-6308 Exhibit B page 1 Consultant Services Agreement

EXHIBIT B
TO AGREEMENT FOR CONSULTANT SERVICES #13-134
COMPENSATION & RATE/FEE SCHEDULE

I. The following rates of pay shall apply in the performance of the Services under this Agreement and the
WAL:




II. Consultant may utilize subcontractors as permitted in the Agreement and the WAL. The hourly rate for
any subcontractor shall be consistent with the rate and fee schedule indicated in Section I above, unless
other direction is provided with written authorization from District Superintendent or his/her designee.

III. Claims for reimbursable expenses shall be documented by appropriate invoices and supporting receipts.
Consultant may be reimbursed for those reasonable out-of-pocket expenses set forth below that are
incurred and paid for by Consultant beyond the typical obligations under this Agreement and the WAL,
but only to the extent that such expenses are directly related to Services satisfactorily completed, are
approved by District in writing and do not cause the amounts paid to Consultant to exceed the amounts
allowed under this Agreement and the WAL. No mark-up of any expense is permitted. The following is
the EXCLUSIVE list of reimbursable expenses:

A. Travel and Mileage. Consultant must request the travel in writing and justify why the travel
should be reimbursed. Travel expenses must be approved in writing by District, in its sole discretion.
Trips from any Consultants office to Districts office or to the subject project site will not be
approved for reimbursement.
Not Project Related
Project #13-134

ND#4819-2103-6308 Exhibit B page 2 Consultant Services Agreement


B. Reimbursable Reprographic Services. Print sets or copies requested in writing by District beyond
the quantities required under the WAL.

C. Fees for Subcontractors. Fees for subcontractors hired and paid by Consultant at the written
request of District and are permitted in the Agreement and the WAL.

D. Fees advanced for securing approval of public agencies having jurisdiction over any project
hereunder.

IV. Consultant shall provide to District a complete Schedule of Values (SOV), identifying major work
activities required to complete the authorized scope of work. All invoices must reflect the appropriate
progress percentage for each SOV item billed, to be verified by District. District will compensate
Consultant for the Services performed upon approval by District of a valid and complete invoice, in form
and substance acceptable to District. See Exhibit G for required Invoice Approval Form and Billing
Cover Sheet. The Billing Cover Sheet shall reflect the approved SOV. In connection with Services that
are only partially completed at the time an invoice is paid, notwithstanding any provision of the
Agreement, the WAL, or any other document, payment of the invoice does not constitute acceptance of
the partially completed work or Service. Each invoice is to include:

A. Billing Cover Sheet/SOV with all appropriate progress percentages identified toward completion of the
Services.
B. Acceptable back-up for billings shall include, but not be limited to:
a. Records for all personnel describing the work performed, the number of hours worked, and the
hourly rate, for all time charged to the Services.
b. Records for all supplies, materials and equipment properly charged to the Services.
c. Records for all travel pre-approved by District and properly charged to the Services.
d. Records for all subcontractor labor, supplies, equipment, materials, and travel properly charged
to the Services.

Unless otherwise directed by District, in writing, completed invoices are to be submitted to the attention of the
Director of Purchasing and the Assistant Superintendent, Business and Fiscal Services. To be considered complete,
the invoice packet shall include all back-up documentation required by District and sign-off from District staff,
Program Manager or project manager assigned by District to supervise the Services.

V. The total compensation for the Services shall be provided for in the WAL(s) issued subsequent to this
Agreement.

VI. Compensation Upon Termination. In the event that District suspends or terminates this Agreement, the
WAL or any of the Services pursuant to Section 11 or Section 12a of the Agreement, District will pay
Consultant as provided herein and the WAL for all Services and authorized Additional Work actually
performed, and all authorized reimbursable expenses actually incurred and paid, under and in accordance with
this Agreement and the WAL, up to and including the date of suspension or termination; provided that such
payments shall not exceed the amounts specified in the Agreement and the WAL as compensation for the
Services completed, plus any authorized Additional Work and authorized reimbursable expenses completed
prior to suspension or termination. No payment for demobilization shall be paid unless District at its sole
discretion determines that demobilization or other compensation is appropriate. After a notice of termination is
given, Consultant shall submit to District a final claim for payment, in the form and with certifications
prescribed by District. Such claim shall be submitted promptly, but in no event later than forty (40) calendar
Not Project Related
Project #13-134

ND#4819-2103-6308 Exhibit B page 3 Consultant Services Agreement

days after the Termination Date specified on the notice of termination. Such payment shall be Consultants
sole and exclusive compensation and District shall have no liability to Consultant for any other compensation
or damages, including without limitation, anticipated profit, prospective losses, legal fees or costs associated
with legal representation or consequential damages, of any kind.
Not Project Related
Project #13-134

ND#4819-2103-6308 Exhibit C page 1 Consultant Services Agreement


EXHIBIT C
TO AGREEMENT FOR CONSULTANT SERVICES #13-134


INSURANCE

I. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to District
Superintendent or District Counsel, in full force and effect throughout the Term of this Agreement and the WAL,
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, subcontractors, representatives and/or employees.
Insurance is to be placed with insurers authorized to conduct business in the State of California and with a current
A.M. Best's rating of no less than A, as rated by the current edition of Bests Key Rating Guide, published by A.M.
Best Company, Oldwick, New J ersey 08858. Consultant shall provide the following scope and limits of insurance:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability coverage of not less than two million dollars ($2,000,000)
aggregate and one million dollars ($1,000,000) per occurrence.

(2) Auto liability insurance with limits of not less than one million dollars ($1,000,000).

(3) Insurance coverage should include:

1. owned, non-owned and hired vehicles;
2. blanket contractual;
3. broad form property damage;
4. products/completed operations; and
5. personal injury.

(4) Workers' Compensation insurance as required by the laws of the State of California.

(5) Abuse and Molestation coverage of not less than two million dollars ($2,000,000) per
occurrence and five million dollars ($5,000,000) aggregate.

(6) Professional liability (Errors and Omissions) insurance, including contractual liability, as
appropriate to the Consultants profession, in an amount of not less than the following:

Accountants, Attorneys, Education Consultants, $1,000,000
Nurses, Therapists

Architects $1,000,000 or $2,000,000

Physicians and Medical Corporations $5,000,000

Failure to maintain professional liability insurance is a material breach of this Agreement and the WAL and
grounds for immediate termination

II. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
Not Project Related
Project #13-134

ND#4819-2103-6308 Exhibit C page 2 Consultant Services Agreement


A. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the
coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in
coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been
given to District

B. General Liability, Automobile Liability, and Abuse/Molestation Coverages.

(1) District, and its respective elected and appointed officers, officials, employees and
volunteers are to be covered as additional insureds (collectively, additional insureds) as respects the following:
liability arising out of activities and/or Services Consultant performs; products and completed operations of
Consultant; premises owned, occupied or used by Consultant; automobiles owned, leased, hired or borrowed by
Consultant, and Abuse/Molestation. The coverage shall contain no special limitations on the scope of protection
afforded to additional insureds.

(2) Each policy shall state that the coverage provided is primary and any insurance carried by
any additional insured is in excess to and non-contributory with Consultants insurance.

(3) Consultants 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.

(4) Any failure to comply with the reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to any additional insured.

III. Other Requirements. Consultant agrees to deposit with District, at or before the effective date of this
Agreement and the WAL, certificates of insurance necessary to satisfy District that the insurance provisions of this
Agreement have been complied with. District may require that Consultant furnish District with copies of original
endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. District reserves the right to inspect complete,
certified copies of all required insurance policies, at any time.

A. If any Services are performed by a subcontractor, Consultant shall furnish certificates and
endorsements from each subcontractor identical to those Consultant provides.

B. Any deductibles or self-insured retentions must be declared to and approved by District. At the
option of District, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
District or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses
and claims.

C. The procuring of any required policy or policies of insurance shall not be construed to limit
Consultants liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.


Not Project Related
Project #13-134

ND#4819-2103-6308 Exhibit D page 1 Consultant Services Agreement

EXHIBIT D
TO AGREEMENT FOR CONSULTANT SERVICES #13-134
CONFLICT OF INTEREST CHECK

Bylaws of the Board 2030(C)E requires that the Superintendent or a designee make a determination, on a case by
case basis, concerning whether disclosure will be required from a consultant to comply with Districts Conflict of
Interest Code (commencing with Bylaws of the Board 2030 BB).

Consultants are required to file disclosures when, pursuant to a contract with District, Consultant will make certain
specified government decisions or will perform the same or substantially the same duties for District as a staff
person would.


The services to be performed by Consultant under the Agreement to which this Exhibit D is attached [] constitute
[X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code.
Therefore, Consultant, [] is [X] is not subject to disclosure obligations.


Date:

By:
Lisa A. Franz
Director, Purchasing


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ND#4819-2103-6308 Exhibit E page 1 Consultant Services Agreement

EXHIBIT E
TO AGREEMENT FOR CONSULTANT SERVICES #13-134

BACKGROUND CHECK AND FINGERPRINTING PROCEDURES
FOR CONTRACTORS

The successful Bidder will be required to assure that its employees, subcontractors of any tier, material
suppliers, and consultants do not have direct contact with the Districts students during the performance
of the Contract in compliance with Education Code 45125.1 and 45125.2. To assure these provisions,
the successful Bidders supervisor shall be fingerprinted, and proof of same shall be provided to the
District prior to start of on-site work. The supervisor will monitor the workers conduct while on school
grounds. In addition, the successful Bidder shall barricade the Work area to separate its workers from the
students. Costs associated with this process are the responsibility of the successful Bidder.

The Contractors construction supervisors or their unsupervised employees who will be working outside
of fenced areas during the school hours must have submitted a fingerprint identification card to the
Department of J ustice (DOJ ) and have a proof of clearance in the form of an affidavit filed in the Oxnard
School Districts Purchasing Office prior to the start of the Work.

California Education Code 45125.1 and 45125.2 require that criminal checks be completed for
contractors (Contracting Firm) who provide architectural, construction, janitorial, administrative,
landscape, transportation, food-related, or other similar services to school districts.

The undersigned does hereby certify to the Board of Trustees of the Oxnard School District as follows:

That I am a representative of the Contractor currently under contract (Contract) with the District; that I
am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on
behalf of Contractor.

Contractor certifies that it has taken the following actions with respect to the construction Project that is
the subject of the Contract:

1. Pursuant to Education Code 45125.2, Contractor has installed or will install, prior to
commencement of Work, a physical barrier at the Work Site, which will limit contact between
Contractors employees and District pupils at all times (mandatory for all Projects); AND

2. The Contractor has complied with the fingerprinting requirements of Education Code 45125.1
with respect to all Contractors employees and all of its subcontractors employees who may have contact
with District pupils in the course of providing services pursuant to the Contract, and the California
Department of J ustice has determined that none of those employees has been convicted of a felony, as that
term is defined in Education Code 45122.1. A complete and accurate list of Contractors employees and
of all its subcontractors employees who may come in contact with District pupils during the course and
scope of the Contract is attached hereto; AND/OR

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ND#4819-2103-6308 Exhibit E page 2 Consultant Services Agreement

3. Pursuant to Education Code 45125.2, Contractor certifies that all employees will be under the
continual supervision of, and monitored by, an employee of the Contractor who the California Department
of J ustice has ascertained has not been convicted of a violent or serious felony. The name and title of
each employee who will be supervising Contractors employees and its subcontractors employees is:

Name: _____________________________________

Title: ______________________________________

AND/OR

4. The Work on the Contract is at an unoccupied school site and no employee and/or subcontractor or
supplier of any tier of Contract shall come in contract with District pupils.

Contractors responsibility for background clearance extends to all of its employees, Subcontractors, and
employees of Subcontractors coming into contact with District pupils regardless of whether they are
designated as employees or acting as independent contractors of the Contractor.

Date: _________

Proper Name of Contractor: ______________________________________

Signature: _________________________

By: ______________________________________

Its: ______________________________________
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ND#4819-2103-6308 Exhibit F page 1 Consultant Services Agreement

EXHIBIT F
TO AGREEMENT FOR CONSULTANT SERVICES #13-134

SCOPE OF SERVICES Lead, Asbestos, & Hazardous Materials Survey & Testing

The Lead, Asbestos, & Hazardous Materials Survey & Testing Labs Scope of Work includes, but is
not limited to, the following:

Consultant shall ensure that the project sites and existing improvements are free from hazardous
materials, and/or to verify the presence of hazardous materials and develop a work plan to remove,
contain, or otherwise mitigate the effects of hazardous materials to the school site. All work by this
consultant must be performed in accordance with Division of State Architect (DSA), California
Department of Education (CDE), California Department of Toxic Substances Control (DTSC), California
Environmental Quality Act (CEQA), California Occupational Safety and Health Administration (Cal-
OSHA), and all other agencies having jurisdiction.

1. Pre-Construction Services:
a. Asbestos-Related Consulting Services
i. Provide State of California, Division of Occupational Safety and Health Association (OSHA),
Certified Asbestos Consultant(s) (CAC) or Certified Site Surveillance Technician(s) (CSST), for
asbestos-related services.
ii. Review sites and scope of work and/or specification and plans for proposed construction
activities to determine the type of work that will occur on the project. Also, CONSULTANT
shall review building records, including architectural and structural plans as provided by the
DISTRICT to obtain information regarding building elements and for reference to asbestos used
in construction, renovation and/or repair.
iii. Meet with District Project Manager and where applicable, other consultants, to perform on-site
inspections of the locations involved in the project to determine where asbestos containing
materials may be present, or are in close proximity to the work and could be impacted, as a
result of the project.
iv. Review of previous asbestos documents provided by the DISTRICT to determine sampling
strategy. Sampling to be conducted in accordance with EPA/AHERA established sampling
protocols and asbestos analysis shall be performed by an NVLAP Accredited Laboratory.
v. Inspections shall include accessing and possibly creating destructive entry into walls and
enclosed spaces. CONSULTANT shall collect representative bulk samples of suspect materials
not identified as positive or negative for asbestos content. Materials assumed to contain asbestos,
such as transite pipes and flues, gaskets, etc. will not be sampled or analyzed.
vi. Take digital photographs of special site conditions, anomalies, and for describing conditions
more clearly.
vii. Review existing Asbestos Management Plan, Survey Reports and supplemental bulk sample and
analysis reports and reports prepared by consultants on prior projects.
b. Lead Based Paint (LBP) and other Lead-Related Consulting Services
i. Provide staff with State of California, Department of Health Services Lead Certification to
perform lead-related services.
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ND#4819-2103-6308 Exhibit F page 2 Consultant Services Agreement

ii. Review sites and scope of work and/or specification and plans for proposed construction
activities to determine the type of work that will occur on the project.
iii. Meet with District Project Manager and where applicable, other consultants, to perform on-site
inspections of the locations involved in the project to determine where lead-based paint may be
present, or are in close proximity to the work and could be impacted, as a result of the project.
iv. Areas of deteriorated paint or other lead-containing materials may need to be identified so that
loose and flaky paint, or other potential lead-containing materials, can be removed or otherwise
properly handled prior to and/or during demolition and construction.
v. Lead-based paint testing will be performed using a portable X-ray fluorescence (XRF) analyzer.
c. Hazardous Materials Consulting Services
i. Prior to demolition or abatement, a survey of potential hazardous materials (in addition to
asbestos and lead based paint (LBP) must be inventoried. CONSULTANT shall perform a visual
evaluation of potential hazardous chemicals and/or ballasts to determine the need for additional
mitigation efforts required for safe demolition. CONSULTANT is to visit the project site and
determine what materials require sampling. CONSULTANT is to take bulk samples of all
materials that are suspected to be hazardous including all unmarked containers containing
unknown substances. Samples are analyzed for PCBs according to EPA Method 8082 by an
accredited laboratory using proper chain-of custody procedures to collect and transport samples.
ii. The following items require sampling:
Polychlorinated Biphenyl (PCB) Ballasts including capacitors
Mercury thermostats and light switches and fluorescent light tubes
Cooling units, Freon heating, refrigerators, air conditioners and drinking water fountains
Hydrocarbon-containing equipment (door closers)
Lead (lead-acid batteries)
Other suspect items including but not limited to paint, coatings, window film, ceramic tile,
ceiling tile, resilient flooring tile, adhesives/mastics, and any other potentially hazardous or
suspect materials or items.
d. Evaluation of Soil Conditions
i. Assessing site structures for the potential presence of hazardous materials will occur
concurrently with evaluating soils for the same. This requirement may be due to the Site's
history and the analytes that may occur in the soils of such properties. The analytes include lead
leached from LBP, organochlorine pesticides (OCP) used for termite control, PCBs from pole-
mounted transformers, pesticides, fertilizers, heavy metals, hydrocarbons, and all other
hazardous materials identified by DTSC as a potential threat to the health and well being of
students.
ii. To assess the potential presence of these analytes at the Site and to characterize them, if present,
the CONSULTANT may be required to prepare a workplan. The proposed work for evaluation
of the presence of residual lead in soil from LBP or other lead affected materials shall be
conducted in a manner consistent with the California Environmental Protection Agency (Cal
EPA) aid Department of Toxic Substances Control (DTSC) regulations.
iii. Soils samples may be collected within the buildings' drip lines and exterior areas with known, or
the potential for, LBP. CONSULTANT shall collect samples from ground surface to
approximately 0.5 feet below ground surface (bgs). Based on analytical results, additional soil
samples may be collected from other lateral "step-out" positions to define the extent of soils with
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ND#4819-2103-6308 Exhibit F page 3 Consultant Services Agreement

lead exceeding current allowable regulatory limits. The exact number of samples collected at
each building will be determined by accessibility.
iv. After sample collection, the CONSULTANT will close each borehole and decontaminate
drilling and sampling equipment. To close the borehole, the CONSULTANT shall backfill it
with unused sample material and/or hydrated bentonite chips to grade and finish the borehole
with material that is compatible with the surrounding surface.

2. Construction Phase:
a. During the course of construction, monitor abatement work to ensure compliance with the contract
requirements and completion of the work by the abatement contractor. During construction,
perform the following tasks:
i. Attend all necessary construction meetings during the course of abatement work
ii. Review abatement contractor submittals
iii. Provide on-site inspections with daily reports and photos of abatement work Maintain on-site
records and perform monitoring during all abatement work. Perimeter monitoring for fugitive
lead and asbestos at or near the entrances and or openings to the containment zone are an
essential part of assuring that the containment is operating properly. This perimeter monitoring
shall be performed by the CONSULTANT.
iv. Monitor abatement contractor's compliance with the plans, specifications and any regulations
including but not limited to certification of abatement workers, ensuring proper containments,
and confirmation of the removal of all asbestos, lead and hazardous materials.
v. Assist the District with problem resolutions associated with abatement work and keep District
informed of abatement contractor's performance.
vi. Surveys of existing buildings and sample collection, and utilization and compliance with
OSHA, AHERA and ASHARA and EPA approved methods.
vii. Complete written reports on all activities performed.
viii. Consultation on remedial action and contractor selection.
ix. Develop, implement and monitor a network of real-time ambient air monitoring stations to
screen for potential particulate matter released from construction activities on the Project Site.
x. Collect and analyze a subset of daily air monitoring samples for contaminants of potential
concern via Transmission electron Microscopy (TEM), Scanning Electron Microscopy (SEM),
or other appropriate methodology.
xi. An on-site technical staff position may be required to interpret, consult and advise on air
monitoring results.
xii. Upon completion of the contracted abatement, the CONSULTANT shall inspect the entire
surface from which asbestos-containing materials have been abated as well as the entire
containment setup, plastic, and/or polyethylene used in the containment setup, the
decontamination setup and any other item, equipment or material within the isolated/regulated
area.
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ND#4819-2103-6308 Exhibit F page 4 Consultant Services Agreement

xiii. The CONSULTANT shall verify that all surfaces are free of visible debris before approving the
area.
3. Close-out Phase:
a. Verify the Uniform Hazardous Waste Manifest, when required, has been submitted and reviewed
by Office of Environmental Health and Safety (OEHS) for completeness a minimum of 48-hours
prior to the date the waste is to be removed from the site. Consultant shall provide waste specific
information for inclusion on the manifest. No hazardous waste may be transported away from a
District site without a manifest. Submit all original paper work required to be maintained by the
contract documents, this agreement, and by law to the District.
b. Upon completion of the abatement work, prepare a Closeout Abatement Report that documents all
the activities performed, including copies of all sampling forms with results, daily reports,
progress photos, correspondence and any regulatory compliance forms.

4. Reports
As part of the Services, Consultant will prepare and deliver the following tangible work products to
District:
a. Assessment Reports, Abatement Plan, & Final Close-Out Report
i. Prepare an Assessment Report for each project and in the case of projects involving site
acquisition, subsections by each property parcel including a description of the site conditions,
details of the site inspection/investigations, site drawings indicated sampling locations, site
photographs and laboratory results with a summary of all identified asbestos, lead or hazardous
materials and soil conditions.
ii. Prepare recommendations and an abatement plan with an estimate of costs for abatement of the
materials that will impact the project/parcels. The abatement plan shall include an Abatement
Scope of Work and Abatement Technical Specifications to be included in the Project Bid
Documents. The specifications will stipulate industry standard methods for abatement
activities; ACBM, LBP, aid HMA abatement methods; removal and disposal methods,
regulations, and standards to be followed. Drawings will be included to depict the location and
design of containment systems, access to abatement areas, routes for waste removal, locations
of waste containers, and other details important to abatement activities. Under otherwise
desired by DISTRICT, the specifications will allow for one 8-hour work shift per day of
abatement. The Rid Documents will require that bids include a schedule consistent with the
DISTRICT'S needs; a work plan based on specifications; a list of recently completed projects;
records of any EPA or OSHA citations; and documentation of insurance, licensing, training,
medical surveillance and respirator fit-testing.
iii. Preparation of a final report describing and quantifying identified friable and non-friable ACMs
associated with the property.
iv. Upon completion of the abatement work, prepare a Closeout Abatement Report that documents
all the activities performed, including copies of all sampling forms with results, daily reports,
progress photos, correspondence and any regulatory compliance forms.

5. Time
Phase 1 initial survey & sampling report shall be provided to the District within 30 days of receipt of
Notice to Proceed (NTP). Phase 2 work detailing all required remediation, abatement, and containment
activities to be performed shall be provided within 45 days of receipt of NTP. Phase 3 monitoring &
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ND#4819-2103-6308 Exhibit F page 5 Consultant Services Agreement

observation reports shall be provided on a weekly basis while work in underway to summarize activities
completed that week, and look ahead for upcoming activities over next two weeks. Final Close-out
Abatement Report shall be provided within 30 days of completion of all remediation, abatement, and
containment activities.

6. Accuracy Standards
Precision of the all required reports and recommendations shall be in accordance with the professional
standard of care to be expected of professional hazardous materials consultants licensed to practice in the
State of California.


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Project #13-134

ND#4819-2103-6308 Exhibit G page 1 Consultant Services Agreement

EXHIBIT G
TO AGREEMENT FOR CONSULTANT SERVICES #13-134

INVOICE APPROVAL LETTER & BILLING COVER SHEET

DATE:
Project No.___: [INSERT PROJECT NAME]
Consultant: EORM

EORM has submitted Invoice No. _________ for review by the Districts Program Manager, Caldwell
Flores Winters, Inc. (CFW), and Assistant Superintendent of Business Services, Lisa Cline.

By signing below, a representative of EORM, hereby certifies that the invoice submitted is a true and
accurate reflection of the work performed to date, is an accurate representation of the percent work
completed for the phase identified in the invoice, and that the invoice submitted does not include any
charges for services that have been previously paid, or rejected by the District and/or CFW.



EORM Date


The invoice has been reviewed by the following and is recommended for payment:



Caldwell Flores Winters, Inc. Date




Oxnard School District Date
Lisa Cline, Assistant Superintendent,
Business and Fiscal Services
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ND#4819-2103-6308 Exhibit G page 2 Consultant Services Agreement
















































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ND#4819-2103-6308 Exhibit G page 3 Consultant Services Agreement


Agreement #13-135
OXNARD SCHOOL DISTRICT
AGREEMENT FOR CONSULTANT SERVICES
(MASTER AGREEMENT HAZARDOUS MATERIALS SURVEY & TESTING)

This Agreement for Consultant Services (Agreement) is entered into as of this 13
th
day of November,
2013 by and between the Oxnard School District (District), with offices located at 1051 South A Street, Oxnard,
CA 93030, and Cardno ATC (Consultant) with a business address at 25 Cupania Circle, Monterey Park, CA
91755. District and Consultant are sometimes hereinafter individually referred to as Party and hereinafter
collectively referred to as the Parties.
RECITALS
A. District is authorized by California Government Code Section 53060, and Board Policy 4368, to
contract with independent contractors for the furnishing of services concerning financial, economic, accounting,
engineering, legal, administrative and other matters. District has sought, by issuance of a Request for
Qualifications, the performance of certain services, with the precise scope of work to be specified at the time of
assignment of work.
B. Following submission of a Statement of Qualifications for the performance of services, Consultant
was prequalified by District to perform services on behalf of District that may be assigned, or not assigned, at the
Districts sole discretion.
C. The Parties desire to formalize the prequalification of Consultant for performance of services and
desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and
contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties
agree as follows:
1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all exhibits attached to this
Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein.
2. Master Agreement. This Agreement sets forth the basic terms and conditions between District and
Consultant. It may be supplemented from time to time with an individual Work Authorization Letter
(WAL) which shall be considered an amendment to this Agreement, and which shall be subject to all
the terms and conditions of this Agreement, and any further terms and conditions as set forth in the
WAL.
3. Scope of Services. The scope of Services to be assigned to Consultant pursuant to a WAL is further
defined in Exhibit F Scope of Services, wherein the general responsibilities of Consultant are
described pursuant to the discipline(s) for which the Consultant has been deemed prequalified by
District as described in this Agreement.
4. Agreement, Scope of Work, and Assignment of Projects. District may, from time to time, and at the
sole discretion of District, assign to Consultant specific services to be performed by Consultant (the
Services) pursuant to a WAL. The WAL assignment procedure and associated forms are set forth in
Exhibit A, which is attached hereto. This Agreement, together with the WAL, sets forth the terms and
conditions pursuant to which Consultant will perform such Services on behalf of District. The WAL
ND#4819-2103-6308 Consultant Services Agreement 2
shall particularize and describe, among other things, such project(s) for which Consultant is to perform
Services, such Services to be performed by Consultant at such project(s), the timeline for the
performance of such Services, and the compensation to be paid to Consultant for the performance of
such Services.
5. Term of Agreement. Subject to earlier termination as provided below, this Agreement shall remain in
effect from November 13, 2013 through November 12, 2018 (the Term). This Agreement may be
extended only by amendment, signed by the Parties, prior to the expiration of the Term. Such
agreement for extension shall be based upon the showing of good and sufficient cause by Consultant
that such extension(s) shall be granted. District shall not be obligated to compensate Consultant for
any additional costs if such an extension has been granted to this Agreement. Any provision for
additional compensation shall be accommodated via the WAL process as indicated in Exhibit A.
6. Time for Performance. The scope of the Services set forth in the WAL shall be completed during the
Term pursuant to the schedule specified in the WAL. If Services indicated in the WAL cannot be
completed within the schedule set forth in the WAL, or if the schedule exceeds the Term of this
Agreement, it is the responsibility of Consultant to notify District at least ninety (90) days prior to the
expiration of either, with a request for a time extension clearly identifying the cause(s) for the failure to
complete the Services within the schedule and/or the Term. Should Consultant fail to provide such
notice, and/or the Services not be completed pursuant to that schedule or within the Term, Consultant
shall be deemed to be in Default as provided below. District, in its sole discretion, may choose not to
enforce the Default provisions of this Agreement and may instead allow Consultant to continue
performing the Services.
7. Additional Services. Additional Services are services in addition to the Services set forth in the WAL
that are provided by Consultant pursuant to a written request by District. Additional Services will
require a written request or pre-authorization in writing by District following specific approval of such
services by the District Board of Trustees. It is understood and agreed that Consultant shall not
perform any Additional Services unless and until Consultant receives specific written approval for such
Additional Services from the District Board of Trustees. Any modification of the compensation to be
paid to Consultant as a result of Additional Services must be specifically approved in writing by the
District Board of Trustees. In the event that the District Board of Trustees approves in writing a
modification of the compensation, then Consultant shall be paid for such Additional Services pursuant
to Section 8, below. However, it is understood and agreed that if the cause of the Additional Services
is the sole or partial responsibility of Consultant, its agents, or any subconsultants or other parties under
the charge of Consultant, no additional compensation shall be paid to Consultant. If such conditions
exist so as to justify Additional Services as indicated above, which require additional compensation or
time in order to be performed, it is the sole responsibility of Consultant to submit a request for
Additional Services within ten (10) days of Consultants discovery of such conditions which require
Additional Services. It is understood and agreed that if Consultant performs any services that it claims
are Additional Services without receiving prior written approval from the District Board of Trustees,
Consultant shall not be paid for such claimed Additional Services.
8. Compensation and Method of Payment. This Agreement does not guarantee that District will issue a
WAL to Consultant nor does this Agreement guarantee any compensation to Consultant. This
Agreement does not create any obligation on the part of District to compensate Consultant absent a
WAL indicating compensation due to Consultant once Services are performed. Specific compensation
and payment amounts, including approved reimbursable expenses, shall be set forth in the WAL.
However, it is understood and agreed that the compensation to be paid to Consultant shall not be in
excess of or exceed the rates set forth in Exhibit B Compensation.
ND#4819-2103-6308 Consultant Services Agreement 3
a. Each month Consultant shall furnish to District an original invoice for all work performed and
expenses incurred during the preceding month for Services performed pursuant to a WAL. The invoice
shall clearly indicate the assigned project, the approved WAL, and shall detail charges by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts.
Sub-consultant charges, if any, shall be detailed by the following categories: labor, travel, materials,
equipment and supplies. District shall independently review each invoice submitted by Consultant to
determine whether the work performed and expenses incurred are in compliance with the provisions of
this Agreement and the WAL. In the event that no charges or expenses are disputed, the invoice shall
be approved and paid according to the terms set forth in subsection b. In the event any charges or
expenses are disputed by District, the original invoice shall be returned by District to Consultant for
correction and resubmission.
b. Except as to any charges for work performed or expenses incurred by Consultant which are
disputed by District, District will use its best efforts to cause Consultant to be paid within forty-five
(45) days of receipt of Consultants correct and undisputed invoice.
c. Payment to Consultant for work performed pursuant to this Agreement and a WAL shall not be
deemed to waive any defects in work performed by Consultant.
9. Responsibilities of Consultant:
a. Consultant shall perform all Services as indicated in this Agreement and the WAL to the
satisfaction of District.
b. The specific Services of Consultant to be performed shall be indicated in the WAL.
c. Consultant hereby represents and warrants that (a) it is an experienced consultant in the
discipline(s) identified in Exhibit F, having the skill and the legal and professional ability and the
flexibility necessary to perform all of the Services required under this Agreement; (b) it has the
capabilities and resources necessary to perform its obligations hereunder; (c) it is familiar with all
current laws, rules, regulations and other restrictions which are and may become applicable to the
scope of Services under this Agreement, including but not limited to all local ordinances, building
codes, and requirements of all Authorities Having J urisdiction (AHJ ) including but not limited to the
Division of State Architect (DSA), the Office of Public School Construction (OPSC), the State
Facilities Planning Division (SFPD), California Department of Education (CDE), the California
Department of General Services (DGS), the Department of Toxic Substances Control (DTSC), the
California Environmental Quality Act (CEQA), Title 24 of the California Code of Regulations, the
California Education Code, State and Local Fire Authorities, air quality districts, water quality and
control boards, and any/all other AHJ ; (d) that it will assume full responsibility for all Services
performed and all work prepared and furnished to District by its employees, agents, and subconsultants;
(e) that it has sufficient financial strength and resources to undertake and complete the Services
provided for under this Agreement within the schedule set forth in the WAL; and (f) that it certifies and
covenants that all reports, certifications, studies, analyses, and other documents prepared by Consultant
shall be prepared in accordance with all applicable laws, rules, regulations, and other requirements in
effect at the time of their preparation, or required at their time of submittal to District and or agencies.
d. Consultant shall follow accepted industry standards and practices and comply with all federal,
state, and local laws and ordinances applicable to the Services required by this Agreement and the
WAL.
10. Responsibilities of District.
ND#4819-2103-6308 Consultant Services Agreement 4
a. District will prepare and furnish to Consultant upon Consultants request, such information as is
reasonably necessary to the performance of the Services required under this Agreement and the WAL.
Consultant understands that all information provided to Consultant remains the property of District and
shall only be removed from Districts possession/premises and/or be photocopied, reproduced,
distributed, or otherwise made available to others if such activities are expressly approved in writing by
District and/or the Program Manager. Failure to comply with the above requirements shall be
reasonable cause for termination of this Agreement, and may subject Consultant to liability for
damages to District.
b. If needed by Consultant, District shall provide information as to the requirements and educational
program for each project assigned by a WAL, including approved budget and schedule limitations.
c. District shall facilitate and coordinate cooperation amongst and between District consultants,
including but not limited to architects, construction managers, surveyors, geotechnical engineers,
inspectors, testing laboratories, hazardous materials specialists, CEQA/DTSC compliance specialists,
technology experts, and any other professional consultants District deems necessary to execute the
Facilities Implementation Program. Such coordination shall include the distribution of documentation
prepared by individual consultants which may be of service to Consultant in the course of completing
the Services.
d. District shall facilitate and coordinate cooperation amongst and between District staff and
Consultant, as required to complete the Services.
e. District shall provide for the timely approval and execution of the WALs, Additional Services
requests, invoices, and any other documentation that requires District action in order for Consultant to
complete the Services.
11. Suspension. District may, for any reason or no reason, in Districts sole discretion, suspend all or a
portion of this Agreement, the WAL, or the Services by giving ten (10) calendar days written notice of
suspension to Consultant. In the event such notice is given, Consultant shall cease immediately all
work in progress. If District suspends the Services for a period of ninety (90) consecutive calendar
days or more and, in addition, if such suspension is not caused by Consultant or the acts or omissions
of Consultant, then if the Services are resumed, Consultants compensation shall be subject to
adjustment to provide for actual direct costs and expenses incurred by Consultant as a direct result of
the suspension and resumption by District of the Services.
12. Termination. This Agreement, the WAL, or the Services may be terminated at any time by mutual
agreement of the Parties or by either Party as follows:
a. District may terminate all or a portion of this Agreement, the WAL, or the Services without cause
at any time by giving ten (10) calendar days written notice of termination to Consultant. In the event
such notice is given, Consultant shall cease immediately all work in progress; or
b. District may terminate all or a portion of this Agreement, the WAL, or the Services for cause in the
event of a Default by giving written notice pursuant to Section 15, below; or
c. Consultant may terminate this Agreement or the WAL at any time upon thirty (30) calendar days
written notice if District fails to make any undisputed payment to Consultant when due and such failure
remains uncured for forty-five (45) calendar days after written notice to District.
ND#4819-2103-6308 Consultant Services Agreement 5
13. Similar or Identical Services. In the event that this Agreement, the WAL, or any of the Services are
terminated in whole or in part as provided herein, District may procure, upon such terms and in such
manner as District may determine appropriate, services similar or identical to those terminated to
complete any unfinished Services or new services as needed by District.
14. Inspection and Final Acceptance. District acceptance of any of work or Services, whether specifically
in writing or by virtue of payment, shall not constitute a waiver of any of the provisions of this
Agreement or the WAL including, but not limited to, indemnification and insurance provisions.
15. Default. Failure of Consultant to perform any Services or comply with any provisions of this
Agreement or the WAL constitutes a Default. District may terminate all or any portion of this
Agreement, the WAL, or the Services for cause in the event of a Default. The termination shall be
effective if Consultant fails to cure such Default within thirty (30) calendar days following issuance of
written notice thereof by District, or if the cure by its nature takes longer, fails to commence such cure
within thirty (30) calendar days from the date of issuance of the notice and diligently prosecutes such
cure to the satisfaction of District. If Consultant has not cured the Default, District may hold all
invoices and may choose to proceed with payment on said invoices only after the Default is cured to
Districts satisfaction. In the alternative, District may, in its sole discretion, during the period before
Consultant has cured the Default, elect to pay any portion of outstanding invoices that corresponds to
Services satisfactorily rendered. Any failure on the part of District to give notice of Consultants
default shall not be deemed to result in a waiver of Districts legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to Districts termination rights set forth above, District shall have (i) the right to cure
Consultants Default at Consultants cost, in which case all amounts expended by District in connection
with such cure shall accrue interest from the date incurred until repaid to District by Consultant at the
rate of ten percent (10%) per annum; and (ii) all other rights and remedies available to District at law
and in equity, including, without limitation, an action for damages. District shall have the right to
retain unpaid earned balances to offset damages, and/or charge Consultant for all damages above and
beyond unpaid balance of WAL.
16. Ownership of Documents. All maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any Services pursuant to this Agreement or the WAL
(collectively and individually, the Documents) shall become the sole property of District and may be
used, reused or otherwise disposed of by District without the permission of Consultant. Upon
completion, expiration or termination of this Agreement or the WAL, Consultant shall turn over to
District all such Documents.
17. Use of Documents by District. If and to the extent that District utilizes for any purpose not related to
this Agreement or the WAL any Documents, Consultants guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
18. Consultants Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultants performance of Services pursuant to this Agreement or the
WAL for a minimum of four years after termination or expiration of this Agreement and the WAL, or
longer if required by law. Such records shall include at minimum a detailed record of daily
performance, staff time records, subconsultants time records, documentation of all costs incurred by
Consultant that were billed to District, and detailed records of all Consultant fees, overhead, and profit
on earned amounts.
ND#4819-2103-6308 Consultant Services Agreement 6
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled
checks, or other documents or records evidencing or relating to work, services, expenditures and
disbursements charged to District pursuant to this Agreement or the WAL for a minimum of four years,
or longer if required by law, all in accordance with generally accepted accounting principles and with
sufficient detail so as to permit an accurate evaluation of the Services provided by Consultant pursuant
to this Agreement or the WAL.
b. Any and all such records or documents shall be made available for inspection, audit and copying, at
any time during regular business hours, upon request by District or its designated representative.
Copies of such documents or records shall be provided directly to District for inspection, audit and
copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such
documents and records shall be made available at Consultants address indicated for receipt of notices
in this Agreement.
c. District has the right to acquire custody of such records by written request if Consultant decides to
dissolve or terminate its business. Consultant shall deliver or cause to be delivered all such records and
documents to District within sixty (60) days of receipt of the request.

19. Independent Contractor. Consultant is retained as an independent contractor and is not employed by
District. No employee or agent of Consultant shall become, or be considered to be, an employee of
District for any purpose. It is agreed that District is interested only in the results obtained from the
Services under this Agreement and the WAL and that Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the Services required under this
Agreement and the WAL. Consultant shall complete this Agreement and the WAL according to its
own methods of work which shall be in the exclusive charge and control of Consultant and which shall
not be subject to control or supervision by District except as to results of the Services. Consultant shall
provide all of its own supplies, equipment, facilities, materials, manpower, and any/all other resources
that may become necessary in the course of completing the Services. It is expressly understood and
agreed that Consultant and its employees shall in no event be entitled to any benefits to which District
employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation,
workers compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultants employees wages, payroll taxes, employee benefits and any
amounts due for federal and state income taxes and Social Security taxes since these taxes will not be
withheld from payments under this Agreement or the WAL.
a. The personnel performing the Services under this Agreement and the WAL on behalf of Consultant
shall at all times be under Consultants exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultants
officers, employees, or agents are in any manner officials, officers, employees or agents of District.
b. Consultant shall have no authority to bind District in any manner, or to incur any obligation, debt
or liability of any kind on behalf of or against District, whether by contract or otherwise, unless such
authority is expressly conferred in writing by District, or under this Agreement.
20. Standard of Performance. Consultant represents and warrants that it has the skill, qualifications,
experience and facilities necessary to properly perform the Services required under this Agreement and
the WAL in a thorough, competent and professional manner. Consultant represents and warrants that
its employees and subcontractors have all legally required licenses, permits, qualifications and
approvals necessary to perform the Services and that all such licenses and approvals shall be
maintained throughout the term of this Agreement and the WAL. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all Services
ND#4819-2103-6308 Consultant Services Agreement 7
described herein and the WAL. In meeting its obligations under this Agreement and the WAL,
Consultant shall employ, at a minimum, the standard of care utilized by persons engaged in providing
services similar to those required of Consultant under this Agreement and the WAL for California
school districts in or around the same geographic area of District (the Standard of Performance).
21. Confidential Information. All information gained during performance of the Services and all
Documents or other work product produced by Consultant in performance of this Agreement and the
WAL shall be considered confidential (confidential information). Consultant shall not release or
disclose any such confidential information, Documents or work product to persons or entities other
than District without prior written authorization from the Superintendent of District and/or Program
Manager, except as may be required by law. Confidential information does not include information
that: (i) Consultant had in its possession prior to considering entering into this Agreement; (ii) becomes
public knowledge through no fault of Consultant; (iii) Consultant lawfully acquires from a third party
not under an obligation of confidentiality to the disclosing party; or (iv) is independently developed by
Consultant without benefit of the information provided by District. In connection with confidential
information:
a. Consultant shall promptly notify District if it is served with any summons, complaint, subpoena or
other discovery request, court order or other request from any party regarding this Agreement or the
WAL or the Services performed hereunder or the WAL.
b. District retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to
provide District with the opportunity to review any response to discovery requests provided by
Consultant; provided that this does not imply or mean the right by District to control, direct, or rewrite
said response.
22. Conflict of Interest; Disclosure of Interest. Consultant covenants that neither it, nor any officer or
principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of District or which would in any way hinder Consultants performance of the
Services under this Agreement or the WAL. Consultant further covenants that in the performance of
this Agreement and the WAL, no person having any such interest shall be employed by it as an officer,
employee, agent or subcontractor without the express written consent of District. Consultant agrees to
at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of
District in the performance of this Agreement and the WAL.
a. Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E, as hereinafter amended or renumbered,
require that a consultant that qualifies as a designated employee must disclose certain financial
interests by filing financial interest disclosures. By its initials below, Consultant (i) represents that it
has received and reviewed a copy of the Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E and
that it [____] does [X] does not qualify as a designated employee; and (ii) agrees to notify District, in
writing, if Consultant believes that it is a designate employee and should be filing financial interest
disclosures, but has not been previously required to do so by District.
______ (Initials)
23. Compliance with Applicable Laws. In connection with the Services and its operations, Consultant
shall keep itself informed of and comply with all applicable federal, state and local laws, statutes,
codes, ordinances, regulations and rules including, but not limited to, minimum wages and/or
prohibitions against discrimination, in effect during the Term. Consultant shall obtain any and all
licenses, permits and authorizations necessary to perform the Services. Neither District, nor any
ND#4819-2103-6308 Consultant Services Agreement 8
elected or appointed boards, officers, officials, employees or agents of District shall be liable, at law or
in equity, as a result of any failure of Consultant to comply with this section.
a. Without limiting the generality of the foregoing, Consultant, unless exempted, shall comply with
the requirements of Education Code Section 45125.1 with respect to fingerprinting of employees who
may have contact with Districts pupils. Consultant must complete Districts certification form,
attached herein as Exhibit E, prior to any of Consultants employees coming into contact with any of
Districts pupils. Consultant also agrees to comply with all other operational requirements of District,
as may be revised from time to time, including but not limited to any obligations relating to vaccination
or testing for infectious diseases.
______ (Initials)
24. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of
the Federal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seq., as amended, and in
connection therewith, shall not employ unauthorized aliens as that term is defined in 8 U.S.C.A.
1324a(h)(3). Should Consultant so employ such individuals for the performance of work and/or
Services covered by this Agreement or the WAL, and should any liability or sanctions be imposed
against District for such employment, Consultant hereby agrees to and shall reimburse District for the
cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys'
fees, incurred by District.
25. Non-Discrimination. Consultant shall abide by the applicable provisions of the United States Civil
Rights Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in
any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex,
sexual orientation, age, physical handicap, medical condition or marital status in connection with or
related to the performance of this Agreement or the WAL.
26. Disabled Veteran Business Enterprise Participation. Pursuant to Education Code section 17076.11,
District has a participation goal for disabled veteran business enterprises (DVBEs) of at least three (3)
percent, per year, of funds expended each year by District on projects that use funds allocated by the
State Allocation Board pursuant to the Leroy F. Greene School Facilities Act. Unless waived in
writing by District, Consultant shall provide proof of DVBE compliance, in accordance with any
applicable policies of District or the State Allocation Board, within thirty (30) days of its execution of
this Agreement
27. Assignment. The expertise and experience of Consultant are material considerations for this
Agreement and the WAL. District has an interest in the qualifications of and capability of the persons
and entities that will fulfill the duties and obligations imposed upon Consultant under this Agreement
and the WAL. In recognition of that interest, Consultant shall not assign or transfer this Agreement or
any portion of this Agreement or any portion of the WAL or the performance of any of Consultants
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by Districts Board of Trustees. Any attempted assignment shall be ineffective,
null and void, and shall constitute a material breach of this Agreement and the WAL entitling District
to any and all remedies at law or in equity, including summary termination of this Agreement and the
WAL.
28. Subcontracting. Notwithstanding the above, Consultant may utilize subcontractors in the performance
of its duties pursuant to this Agreement and the WAL, but only with the prior written consent of
District. Consultant shall be as fully responsible to District for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by Consultants subcontractors, as
if the acts and omissions were performed by Consultant directly.
ND#4819-2103-6308 Consultant Services Agreement 9
29. District Administrator. Lisa Franz shall be in charge of administering this Agreement on behalf of
District, (the Administrator) provided that any written notice or any consent, waiver or approval of
District must be signed by the Superintendent or a designated employee of District to be valid. The
Administrator has completed Exhibit D Conflict of Interest Check attached hereto.
30. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultants staff and subcontractors consistent with the staff proposed as part of the
Statement of Qualifications, if any, assigned to perform Services under this Agreement and the WAL.
a. Consultant shall provide District and the Administrator a list of all personnel and subcontractors
providing Services and shall maintain said list current and up to date at all times during the Term. The
list shall include the following information: (1) all full or part-time staff positions by title, including
volunteer positions whose direct services are required to provide the Services; (2) a brief description of
the functions of each such position and the hours each position works each week or, for part-time
positions, each day or month, as appropriate; (3) the professional degree, if applicable, and experience
required for each position; and (4) the name of the person responsible for fulfilling the terms of this
Agreement and the WAL.
31. Indemnification. To the fullest extent permitted by law, Consultant shall defend and indemnify
District and its officials, elected board members, employees and agents (Indemnified Parties) from
and against all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, its officers, employees, consultants, subcontractors, or agents, pursuant
to this Agreement and/or the WAL, but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of any of the Indemnified Parties.
a. Consultant agrees to obtain executed indemnity agreements with provisions identical to the above
from each and every subcontractor retained or employed by Consultant in the performance of this
Agreement and the WAL. Failure of District to monitor compliance with these requirements imposes
no additional obligations on District and will in no way act as a waiver of any rights hereunder.
Consultants obligation to indemnify and defend District as set forth above is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and the
WAL.
______ (Initials)
32. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit C Insurance and made a part of this
Agreement. All insurance policies shall be subject to approval by District as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the District
Superintendent.
33. Notices. All notices required or permitted to be given under this Agreement or the WAL shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and
return receipt requested, addressed as follows:
To District: Oxnard School District
1051 South A Street
Oxnard, California, 93030
Attention: Lisa Cline
Assistant Superintendent, Business & Fiscal Services
Re: [Insert Project Name]
ND#4819-2103-6308 Consultant Services Agreement 10
With electronic copy to: Caldwell Flores Winters, Inc.
Oxnard School District Program Manager
6425 Christie Ave., Suite 270
Emeryville, California 94608
Attention: Yuri Calderon
T: 510-596-8170
Email: ycalderon@cfwinc.com
To Consultant: Cardno ATC
25 Cupania Circle
Monterey Park, CA 91755
ATTN: Carlos A. Galdamez
T: (323) 517-9780
Email: carlos.galdamez@cardno.com
All notices, demands, or requests to be given under this Agreement or the WAL shall be given in writing
and conclusively shall be deemed received when delivered in any of the following ways: (i) on the date
delivered if delivered personally; (ii) on the date sent if sent by facsimile transmission and confirmation of
transmission is received; (iii) on the date it is accepted or rejected if sent by certified mail; and (iv) the date
it is received if sent by regular United States mail.
34. Excusable Delays. Neither Party will be liable to the other for unanticipated delays or failures in
performance resulting from causes beyond the reasonable control of that Party, including, but not
limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war,
governmental regulations, communications or utility failures, or casualties; provided that the delayed
Party: (i) gives the other Party prompt written notice of such cause; and (ii) uses its reasonable efforts
to correct such failure or delay in its performance. The delayed Party's time for performance or cure
under this section will be extended for a period equal to the duration of the cause or sixty (60) days,
whichever is less.
35. Entire Agreement; Binding Effect. This Agreement including Exhibits hereto, contains the entire
understanding of the Parties, and supersedes all other written or oral agreements. Consultant shall be
entitled to no other benefits other than those specified herein. No changes, amendments or alternations
shall be effective unless in writing and signed by both Parties and approved by Districts Board of
Trustees. Consultant specifically acknowledges that in entering into this Agreement, Consultant relied
solely upon the provisions contained in this Agreement and no others. This Agreement shall be
binding upon the heirs, executors, administrators, successors and assigns of the Parties.
36. Amendment. No changes, amendments to or modifications of this Agreement or the WAL shall be
valid, effective or binding unless made in writing and signed by both Parties and approved by the
Districts Board of Trustees. The Parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
37. Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement or the WAL shall
not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of
the provisions of this Agreement or the WAL shall not constitute a waiver of any other provision or a
waiver of any subsequent breach or violation of any provision of this Agreement or the WAL. None of
the provisions of this Agreement or the WAL shall be considered waived by either Party unless such
waiver is specifically specified in writing. Neither Districts review, approval of, nor payment for, any
of the Services required under this Agreement or the WAL shall be construed to operate as a waiver of
ND#4819-2103-6308 Consultant Services Agreement 11
any rights under this Agreement or the WAL, and Consultant shall remain liable to District in
accordance with this Agreement and the WAL for all damages to District caused by Consultants
failure to perform any of the Services to the Standard of Performance. This provision shall survive the
termination of this Agreement and the WAL.
38. Governing Law. This Agreement and the WAL shall be interpreted, construed and governed
according to the laws of the State of California. With respect to litigation involving this Agreement,
the WAL or the Services, venue in state trial courts shall lie exclusively in the County of Ventura,
California.
39. Severability. If any term, condition or covenant of this Agreement or the WAL is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement and the WAL shall not be affected thereby and the Agreement and WAL
shall be read and construed without the invalid, void or unenforceable provision(s).
40. Authority to Execute. The person or persons executing this Agreement on behalf of Consultant
represents and warrants that he/she/they has/have the authority to so execute this Agreement and to
bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, District and Consultant have executed and delivered this Agreement for
consultant services as of the date first written above.

OXNARD SCHOOL DISTRICT: CARDNO ATC:



Signature Signature

Lisa A. Franz, Director, Purchasing
Typed Name/Title Typed Name/Title


Date Date

Tax Identification Number: 95-6002318 Tax Identification Number:

Not Project Related
Project #13-135


ND#4819-2103-6308 Exhibit A page 1 Consultant Services Agreement

EXHIBIT A
TO AGREEMENT FOR CONSULTANT SERVICES #13-135

WORK AUTHORIZATION PROCEDURES

1. Assignment of Work Authorization
1.1. Request For Proposal (RFP): At the sole discretion of District, one or more prequalified
professional services consultants shall be solicited with a Request For Proposal (RFP) for a
specific lump sum fixed fee proposal for defined Services to be complete within a defined timeline.
For a proposal to be valid it must clearly acknowledge the complete Services requested by District
and must include a lump sum fixed fee amount to complete all defined Services, a clearly defined
schedule for completion of Services which meets the required timeline defined by District and
shows final completion to occur within the Term of this Agreement.

1.2. Evaluation of Proposal: Districts Program Manager, in consultation with District, shall review each
proposal for validity, accuracy, competitiveness, and overall quality of the Services proposed to be
performed. In the case where more than one firm is solicited for a scope of defined Services, the
Program Manager shall evaluate each proposal thoroughly based on predetermined, objective
criteria to ensure a just and fair review of all proposals.

1.3. Selection of Consultant: Following evaluation of proposals, the consultant whose proposal exhibits
the best value for the benefit of District shall be recommended to the Superintendent for approval.

1.4. Work Authorization Letter (WAL): With the approval of the District Superintendent, the Program
Manager shall issue a Work Authorization Letter (WAL) to the selected consultant to perform the
defined Services as indicated in the RFP, for the lump sum fixed fee amount reflected in the
proposal, with all Services to complete within the timeline indicated in the RFP, and the Term set
forth in this Agreement. District retains the right to negotiate all terms of the WAL subsequent to
the receipt of proposal(s) in order to clarify the scope of Services, and/or make any adjustments to
the fee amount and required schedule prior to issuance of the WAL. The WAL shall be considered
a binding agreement, and amendment to this Agreement, once executed by Consultant, approved by
the District Board of Trustees, and executed by the Superintendent.

1.5. Performance of Services Set Forth in the WAL: Performance of Services set forth in the WAL shall
not commence until final approval by the District Superintendent and Board of Trustees, unless
expressly authorized by the District Superintendent and Program Manager. During the course of
completing the Services, Consultant shall comply will all provisions of this Agreement and the
WAL. All Services set forth in the WAL shall be completed within the schedule set forth in the
WAL.

1.6. Close Out of WAL Services: Upon completion of all Services required by the WAL, Consultant
shall submit all required close-out documentation, certifications, records, reports, warranties, and
any other information required or requested by District prior to submitting Consultants invoice for
final payment.

1.7. WAL Form: See next page for sample Work Authorization Letter.
Not Project Related
Project #13-135


ND#4819-2103-6308 Exhibit A page 2 Consultant Services Agreement

Not Project Related
Project #13-135

ND#4819-2103-6308 Exhibit B page 1 Consultant Services Agreement

EXHIBIT B
TO AGREEMENT FOR CONSULTANT SERVICES #13-135
COMPENSATION & RATE/FEE SCHEDULE

I. The following rates of pay shall apply in the performance of the Services under this Agreement and the
WAL:


Not Project Related
Project #13-135

ND#4819-2103-6308 Exhibit B page 2 Consultant Services Agreement



Not Project Related
Project #13-135

ND#4819-2103-6308 Exhibit B page 3 Consultant Services Agreement


II. Consultant may utilize subcontractors as permitted in the Agreement and the WAL. The hourly rate for
any subcontractor shall be consistent with the rate and fee schedule indicated in Section I above, unless
other direction is provided with written authorization from District Superintendent or his/her designee.

III. Claims for reimbursable expenses shall be documented by appropriate invoices and supporting receipts.
Consultant may be reimbursed for those reasonable out-of-pocket expenses set forth below that are
incurred and paid for by Consultant beyond the typical obligations under this Agreement and the WAL,
but only to the extent that such expenses are directly related to Services satisfactorily completed, are
approved by District in writing and do not cause the amounts paid to Consultant to exceed the amounts
allowed under this Agreement and the WAL. No mark-up of any expense is permitted. The following is
the EXCLUSIVE list of reimbursable expenses:

A. Travel and Mileage. Consultant must request the travel in writing and justify why the travel
should be reimbursed. Travel expenses must be approved in writing by District, in its sole discretion.
Trips from any Consultants office to Districts office or to the subject project site will not be
approved for reimbursement.

B. Reimbursable Reprographic Services. Print sets or copies requested in writing by District beyond
the quantities required under the WAL.

C. Fees for Subcontractors. Fees for subcontractors hired and paid by Consultant at the written
request of District and are permitted in the Agreement and the WAL.

D. Fees advanced for securing approval of public agencies having jurisdiction over any project
hereunder.

IV. Consultant shall provide to District a complete Schedule of Values (SOV), identifying major work
activities required to complete the authorized scope of work. All invoices must reflect the appropriate
progress percentage for each SOV item billed, to be verified by District. District will compensate
Consultant for the Services performed upon approval by District of a valid and complete invoice, in form
and substance acceptable to District. See Exhibit G for required Invoice Approval Form and Billing
Cover Sheet. The Billing Cover Sheet shall reflect the approved SOV. In connection with Services that
are only partially completed at the time an invoice is paid, notwithstanding any provision of the
Agreement, the WAL, or any other document, payment of the invoice does not constitute acceptance of
the partially completed work or Service. Each invoice is to include:

A. Billing Cover Sheet/SOV with all appropriate progress percentages identified toward completion of the
Services.
B. Acceptable back-up for billings shall include, but not be limited to:
a. Records for all personnel describing the work performed, the number of hours worked, and the
hourly rate, for all time charged to the Services.
b. Records for all supplies, materials and equipment properly charged to the Services.
c. Records for all travel pre-approved by District and properly charged to the Services.
d. Records for all subcontractor labor, supplies, equipment, materials, and travel properly charged
to the Services.

Unless otherwise directed by District, in writing, completed invoices are to be submitted to the attention of the
Director of Purchasing and the Assistant Superintendent, Business and Fiscal Services. To be considered complete,
Not Project Related
Project #13-135

ND#4819-2103-6308 Exhibit B page 4 Consultant Services Agreement

the invoice packet shall include all back-up documentation required by District and sign-off from District staff,
Program Manager or project manager assigned by District to supervise the Services.

V. The total compensation for the Services shall be provided for in the WAL(s) issued subsequent to this
Agreement.

VI. Compensation Upon Termination. In the event that District suspends or terminates this Agreement, the
WAL or any of the Services pursuant to Section 11 or Section 12a of the Agreement, District will pay
Consultant as provided herein and the WAL for all Services and authorized Additional Work actually
performed, and all authorized reimbursable expenses actually incurred and paid, under and in accordance with
this Agreement and the WAL, up to and including the date of suspension or termination; provided that such
payments shall not exceed the amounts specified in the Agreement and the WAL as compensation for the
Services completed, plus any authorized Additional Work and authorized reimbursable expenses completed
prior to suspension or termination. No payment for demobilization shall be paid unless District at its sole
discretion determines that demobilization or other compensation is appropriate. After a notice of termination is
given, Consultant shall submit to District a final claim for payment, in the form and with certifications
prescribed by District. Such claim shall be submitted promptly, but in no event later than forty (40) calendar
days after the Termination Date specified on the notice of termination. Such payment shall be Consultants
sole and exclusive compensation and District shall have no liability to Consultant for any other compensation
or damages, including without limitation, anticipated profit, prospective losses, legal fees or costs associated
with legal representation or consequential damages, of any kind.
Not Project Related
Project #13-135

ND#4819-2103-6308 Exhibit C page 1 Consultant Services Agreement

EXHIBIT C
TO AGREEMENT FOR CONSULTANT SERVICES #13-135


INSURANCE

I. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to District
Superintendent or District Counsel, in full force and effect throughout the Term of this Agreement and the WAL,
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, subcontractors, representatives and/or employees.
Insurance is to be placed with insurers authorized to conduct business in the State of California and with a current
A.M. Best's rating of no less than A, as rated by the current edition of Bests Key Rating Guide, published by A.M.
Best Company, Oldwick, New J ersey 08858. Consultant shall provide the following scope and limits of insurance:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability coverage of not less than two million dollars ($2,000,000)
aggregate and one million dollars ($1,000,000) per occurrence.

(2) Auto liability insurance with limits of not less than one million dollars ($1,000,000).

(3) Insurance coverage should include:

1. owned, non-owned and hired vehicles;
2. blanket contractual;
3. broad form property damage;
4. products/completed operations; and
5. personal injury.

(4) Workers' Compensation insurance as required by the laws of the State of California.

(5) Abuse and Molestation coverage of not less than two million dollars ($2,000,000) per
occurrence and five million dollars ($5,000,000) aggregate.

(6) Professional liability (Errors and Omissions) insurance, including contractual liability, as
appropriate to the Consultants profession, in an amount of not less than the following:

Accountants, Attorneys, Education Consultants, $1,000,000
Nurses, Therapists

Architects $1,000,000 or $2,000,000

Physicians and Medical Corporations $5,000,000

Failure to maintain professional liability insurance is a material breach of this Agreement and the WAL and
grounds for immediate termination

II. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:

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ND#4819-2103-6308 Exhibit C page 2 Consultant Services Agreement

A. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the
coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in
coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been
given to District

B. General Liability, Automobile Liability, and Abuse/Molestation Coverages.

(1) District, and its respective elected and appointed officers, officials, employees and
volunteers are to be covered as additional insureds (collectively, additional insureds) as respects the following:
liability arising out of activities and/or Services Consultant performs; products and completed operations of
Consultant; premises owned, occupied or used by Consultant; automobiles owned, leased, hired or borrowed by
Consultant, and Abuse/Molestation. The coverage shall contain no special limitations on the scope of protection
afforded to additional insureds.

(2) Each policy shall state that the coverage provided is primary and any insurance carried by
any additional insured is in excess to and non-contributory with Consultants insurance.

(3) Consultants 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.

(4) Any failure to comply with the reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to any additional insured.

III. Other Requirements. Consultant agrees to deposit with District, at or before the effective date of this
Agreement and the WAL, certificates of insurance necessary to satisfy District that the insurance provisions of this
Agreement have been complied with. District may require that Consultant furnish District with copies of original
endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. District reserves the right to inspect complete,
certified copies of all required insurance policies, at any time.

A. If any Services are performed by a subcontractor, Consultant shall furnish certificates and
endorsements from each subcontractor identical to those Consultant provides.

B. Any deductibles or self-insured retentions must be declared to and approved by District. At the
option of District, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
District or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses
and claims.

C. The procuring of any required policy or policies of insurance shall not be construed to limit
Consultants liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.


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ND#4819-2103-6308 Exhibit D page 1 Consultant Services Agreement

EXHIBIT D
TO AGREEMENT FOR CONSULTANT SERVICES #13-135
CONFLICT OF INTEREST CHECK

Bylaws of the Board 2030(C)E requires that the Superintendent or a designee make a determination, on a case by
case basis, concerning whether disclosure will be required from a consultant to comply with Districts Conflict of
Interest Code (commencing with Bylaws of the Board 2030 BB).

Consultants are required to file disclosures when, pursuant to a contract with District, Consultant will make certain
specified government decisions or will perform the same or substantially the same duties for District as a staff
person would.


The services to be performed by Consultant under the Agreement to which this Exhibit D is attached [] constitute
[X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code.
Therefore, Consultant, [] is [X] is not subject to disclosure obligations.


Date:

By:
Lisa A. Franz
Director, Purchasing


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ND#4819-2103-6308 Exhibit E page 1 Consultant Services Agreement

EXHIBIT E
TO AGREEMENT FOR CONSULTANT SERVICES #13-135

BACKGROUND CHECK AND FINGERPRINTING PROCEDURES
FOR CONTRACTORS

The successful Bidder will be required to assure that its employees, subcontractors of any tier, material
suppliers, and consultants do not have direct contact with the Districts students during the performance
of the Contract in compliance with Education Code 45125.1 and 45125.2. To assure these provisions,
the successful Bidders supervisor shall be fingerprinted, and proof of same shall be provided to the
District prior to start of on-site work. The supervisor will monitor the workers conduct while on school
grounds. In addition, the successful Bidder shall barricade the Work area to separate its workers from the
students. Costs associated with this process are the responsibility of the successful Bidder.

The Contractors construction supervisors or their unsupervised employees who will be working outside
of fenced areas during the school hours must have submitted a fingerprint identification card to the
Department of J ustice (DOJ ) and have a proof of clearance in the form of an affidavit filed in the Oxnard
School Districts Purchasing Office prior to the start of the Work.

California Education Code 45125.1 and 45125.2 require that criminal checks be completed for
contractors (Contracting Firm) who provide architectural, construction, janitorial, administrative,
landscape, transportation, food-related, or other similar services to school districts.

The undersigned does hereby certify to the Board of Trustees of the Oxnard School District as follows:

That I am a representative of the Contractor currently under contract (Contract) with the District; that I
am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on
behalf of Contractor.

Contractor certifies that it has taken the following actions with respect to the construction Project that is
the subject of the Contract:

1. Pursuant to Education Code 45125.2, Contractor has installed or will install, prior to
commencement of Work, a physical barrier at the Work Site, which will limit contact between
Contractors employees and District pupils at all times (mandatory for all Projects); AND

2. The Contractor has complied with the fingerprinting requirements of Education Code 45125.1
with respect to all Contractors employees and all of its subcontractors employees who may have contact
with District pupils in the course of providing services pursuant to the Contract, and the California
Department of J ustice has determined that none of those employees has been convicted of a felony, as that
term is defined in Education Code 45122.1. A complete and accurate list of Contractors employees and
of all its subcontractors employees who may come in contact with District pupils during the course and
scope of the Contract is attached hereto; AND/OR

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ND#4819-2103-6308 Exhibit E page 2 Consultant Services Agreement

3. Pursuant to Education Code 45125.2, Contractor certifies that all employees will be under the
continual supervision of, and monitored by, an employee of the Contractor who the California Department
of J ustice has ascertained has not been convicted of a violent or serious felony. The name and title of
each employee who will be supervising Contractors employees and its subcontractors employees is:

Name: _____________________________________

Title: ______________________________________

AND/OR

4. The Work on the Contract is at an unoccupied school site and no employee and/or subcontractor or
supplier of any tier of Contract shall come in contract with District pupils.

Contractors responsibility for background clearance extends to all of its employees, Subcontractors, and
employees of Subcontractors coming into contact with District pupils regardless of whether they are
designated as employees or acting as independent contractors of the Contractor.

Date: _________

Proper Name of Contractor: ______________________________________

Signature: _________________________

By: ______________________________________

Its: ______________________________________
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ND#4819-2103-6308 Exhibit F page 1 Consultant Services Agreement

EXHIBIT F
TO AGREEMENT FOR CONSULTANT SERVICES #13-135

SCOPE OF SERVICES Lead, Asbestos, & Hazardous Materials Survey & Testing

The Lead, Asbestos, & Hazardous Materials Survey & Testing Labs Scope of Work includes, but is
not limited to, the following:

Consultant shall ensure that the project sites and existing improvements are free from hazardous
materials, and/or to verify the presence of hazardous materials and develop a work plan to remove,
contain, or otherwise mitigate the effects of hazardous materials to the school site. All work by this
consultant must be performed in accordance with Division of State Architect (DSA), California
Department of Education (CDE), California Department of Toxic Substances Control (DTSC), California
Environmental Quality Act (CEQA), California Occupational Safety and Health Administration (Cal-
OSHA), and all other agencies having jurisdiction.

1. Pre-Construction Services:
a. Asbestos-Related Consulting Services
i. Provide State of California, Division of Occupational Safety and Health Association (OSHA),
Certified Asbestos Consultant(s) (CAC) or Certified Site Surveillance Technician(s) (CSST), for
asbestos-related services.
ii. Review sites and scope of work and/or specification and plans for proposed construction
activities to determine the type of work that will occur on the project. Also, CONSULTANT
shall review building records, including architectural and structural plans as provided by the
DISTRICT to obtain information regarding building elements and for reference to asbestos used
in construction, renovation and/or repair.
iii. Meet with District Project Manager and where applicable, other consultants, to perform on-site
inspections of the locations involved in the project to determine where asbestos containing
materials may be present, or are in close proximity to the work and could be impacted, as a
result of the project.
iv. Review of previous asbestos documents provided by the DISTRICT to determine sampling
strategy. Sampling to be conducted in accordance with EPA/AHERA established sampling
protocols and asbestos analysis shall be performed by an NVLAP Accredited Laboratory.
v. Inspections shall include accessing and possibly creating destructive entry into walls and
enclosed spaces. CONSULTANT shall collect representative bulk samples of suspect materials
not identified as positive or negative for asbestos content. Materials assumed to contain asbestos,
such as transite pipes and flues, gaskets, etc. will not be sampled or analyzed.
vi. Take digital photographs of special site conditions, anomalies, and for describing conditions
more clearly.
vii. Review existing Asbestos Management Plan, Survey Reports and supplemental bulk sample and
analysis reports and reports prepared by consultants on prior projects.
b. Lead Based Paint (LBP) and other Lead-Related Consulting Services
i. Provide staff with State of California, Department of Health Services Lead Certification to
perform lead-related services.
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ND#4819-2103-6308 Exhibit F page 2 Consultant Services Agreement

ii. Review sites and scope of work and/or specification and plans for proposed construction
activities to determine the type of work that will occur on the project.
iii. Meet with District Project Manager and where applicable, other consultants, to perform on-site
inspections of the locations involved in the project to determine where lead-based paint may be
present, or are in close proximity to the work and could be impacted, as a result of the project.
iv. Areas of deteriorated paint or other lead-containing materials may need to be identified so that
loose and flaky paint, or other potential lead-containing materials, can be removed or otherwise
properly handled prior to and/or during demolition and construction.
v. Lead-based paint testing will be performed using a portable X-ray fluorescence (XRF) analyzer.
c. Hazardous Materials Consulting Services
i. Prior to demolition or abatement, a survey of potential hazardous materials (in addition to
asbestos and lead based paint (LBP) must be inventoried. CONSULTANT shall perform a visual
evaluation of potential hazardous chemicals and/or ballasts to determine the need for additional
mitigation efforts required for safe demolition. CONSULTANT is to visit the project site and
determine what materials require sampling. CONSULTANT is to take bulk samples of all
materials that are suspected to be hazardous including all unmarked containers containing
unknown substances. Samples are analyzed for PCBs according to EPA Method 8082 by an
accredited laboratory using proper chain-of custody procedures to collect and transport samples.
ii. The following items require sampling:
Polychlorinated Biphenyl (PCB) Ballasts including capacitors
Mercury thermostats and light switches and fluorescent light tubes
Cooling units, Freon heating, refrigerators, air conditioners and drinking water fountains
Hydrocarbon-containing equipment (door closers)
Lead (lead-acid batteries)
Other suspect items including but not limited to paint, coatings, window film, ceramic tile,
ceiling tile, resilient flooring tile, adhesives/mastics, and any other potentially hazardous or
suspect materials or items.
d. Evaluation of Soil Conditions
i. Assessing site structures for the potential presence of hazardous materials will occur
concurrently with evaluating soils for the same. This requirement may be due to the Site's
history and the analytes that may occur in the soils of such properties. The analytes include lead
leached from LBP, organochlorine pesticides (OCP) used for termite control, PCBs from pole-
mounted transformers, pesticides, fertilizers, heavy metals, hydrocarbons, and all other
hazardous materials identified by DTSC as a potential threat to the health and well being of
students.
ii. To assess the potential presence of these analytes at the Site and to characterize them, if present,
the CONSULTANT may be required to prepare a workplan. The proposed work for evaluation
of the presence of residual lead in soil from LBP or other lead affected materials shall be
conducted in a manner consistent with the California Environmental Protection Agency (Cal
EPA) aid Department of Toxic Substances Control (DTSC) regulations.
iii. Soils samples may be collected within the buildings' drip lines and exterior areas with known, or
the potential for, LBP. CONSULTANT shall collect samples from ground surface to
approximately 0.5 feet below ground surface (bgs). Based on analytical results, additional soil
samples may be collected from other lateral "step-out" positions to define the extent of soils with
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ND#4819-2103-6308 Exhibit F page 3 Consultant Services Agreement

lead exceeding current allowable regulatory limits. The exact number of samples collected at
each building will be determined by accessibility.
iv. After sample collection, the CONSULTANT will close each borehole and decontaminate
drilling and sampling equipment. To close the borehole, the CONSULTANT shall backfill it
with unused sample material and/or hydrated bentonite chips to grade and finish the borehole
with material that is compatible with the surrounding surface.

2. Construction Phase:
a. During the course of construction, monitor abatement work to ensure compliance with the contract
requirements and completion of the work by the abatement contractor. During construction,
perform the following tasks:
i. Attend all necessary construction meetings during the course of abatement work
ii. Review abatement contractor submittals
iii. Provide on-site inspections with daily reports and photos of abatement work Maintain on-site
records and perform monitoring during all abatement work. Perimeter monitoring for fugitive
lead and asbestos at or near the entrances and or openings to the containment zone are an
essential part of assuring that the containment is operating properly. This perimeter monitoring
shall be performed by the CONSULTANT.
iv. Monitor abatement contractor's compliance with the plans, specifications and any regulations
including but not limited to certification of abatement workers, ensuring proper containments,
and confirmation of the removal of all asbestos, lead and hazardous materials.
v. Assist the District with problem resolutions associated with abatement work and keep District
informed of abatement contractor's performance.
vi. Surveys of existing buildings and sample collection, and utilization and compliance with
OSHA, AHERA and ASHARA and EPA approved methods.
vii. Complete written reports on all activities performed.
viii. Consultation on remedial action and contractor selection.
ix. Develop, implement and monitor a network of real-time ambient air monitoring stations to
screen for potential particulate matter released from construction activities on the Project Site.
x. Collect and analyze a subset of daily air monitoring samples for contaminants of potential
concern via Transmission electron Microscopy (TEM), Scanning Electron Microscopy (SEM),
or other appropriate methodology.
xi. An on-site technical staff position may be required to interpret, consult and advise on air
monitoring results.
xii. Upon completion of the contracted abatement, the CONSULTANT shall inspect the entire
surface from which asbestos-containing materials have been abated as well as the entire
containment setup, plastic, and/or polyethylene used in the containment setup, the
decontamination setup and any other item, equipment or material within the isolated/regulated
area.
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ND#4819-2103-6308 Exhibit F page 4 Consultant Services Agreement

xiii. The CONSULTANT shall verify that all surfaces are free of visible debris before approving the
area.
3. Close-out Phase:
a. Verify the Uniform Hazardous Waste Manifest, when required, has been submitted and reviewed
by Office of Environmental Health and Safety (OEHS) for completeness a minimum of 48-hours
prior to the date the waste is to be removed from the site. Consultant shall provide waste specific
information for inclusion on the manifest. No hazardous waste may be transported away from a
District site without a manifest. Submit all original paper work required to be maintained by the
contract documents, this agreement, and by law to the District.
b. Upon completion of the abatement work, prepare a Closeout Abatement Report that documents all
the activities performed, including copies of all sampling forms with results, daily reports,
progress photos, correspondence and any regulatory compliance forms.

4. Reports
As part of the Services, Consultant will prepare and deliver the following tangible work products to
District:
a. Assessment Reports, Abatement Plan, & Final Close-Out Report
i. Prepare an Assessment Report for each project and in the case of projects involving site
acquisition, subsections by each property parcel including a description of the site conditions,
details of the site inspection/investigations, site drawings indicated sampling locations, site
photographs and laboratory results with a summary of all identified asbestos, lead or hazardous
materials and soil conditions.
ii. Prepare recommendations and an abatement plan with an estimate of costs for abatement of the
materials that will impact the project/parcels. The abatement plan shall include an Abatement
Scope of Work and Abatement Technical Specifications to be included in the Project Bid
Documents. The specifications will stipulate industry standard methods for abatement
activities; ACBM, LBP, aid HMA abatement methods; removal and disposal methods,
regulations, and standards to be followed. Drawings will be included to depict the location and
design of containment systems, access to abatement areas, routes for waste removal, locations
of waste containers, and other details important to abatement activities. Under otherwise
desired by DISTRICT, the specifications will allow for one 8-hour work shift per day of
abatement. The Rid Documents will require that bids include a schedule consistent with the
DISTRICT'S needs; a work plan based on specifications; a list of recently completed projects;
records of any EPA or OSHA citations; and documentation of insurance, licensing, training,
medical surveillance and respirator fit-testing.
iii. Preparation of a final report describing and quantifying identified friable and non-friable ACMs
associated with the property.
iv. Upon completion of the abatement work, prepare a Closeout Abatement Report that documents
all the activities performed, including copies of all sampling forms with results, daily reports,
progress photos, correspondence and any regulatory compliance forms.

5. Time
Phase 1 initial survey & sampling report shall be provided to the District within 30 days of receipt of
Notice to Proceed (NTP). Phase 2 work detailing all required remediation, abatement, and containment
activities to be performed shall be provided within 45 days of receipt of NTP. Phase 3 monitoring &
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ND#4819-2103-6308 Exhibit F page 5 Consultant Services Agreement

observation reports shall be provided on a weekly basis while work in underway to summarize activities
completed that week, and look ahead for upcoming activities over next two weeks. Final Close-out
Abatement Report shall be provided within 30 days of completion of all remediation, abatement, and
containment activities.

6. Accuracy Standards
Precision of the all required reports and recommendations shall be in accordance with the professional
standard of care to be expected of professional hazardous materials consultants licensed to practice in the
State of California.


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ND#4819-2103-6308 Exhibit G page 1 Consultant Services Agreement

EXHIBIT G
TO AGREEMENT FOR CONSULTANT SERVICES #13-135

INVOICE APPROVAL LETTER & BILLING COVER SHEET

DATE:
Project No.___: [INSERT PROJECT NAME]
Consultant: Cardno ATC (ATC)

ATC has submitted Invoice No. _________ for review by the Districts Program Manager, Caldwell
Flores Winters, Inc. (CFW), and Assistant Superintendent of Business Services, Lisa Cline.

By signing below, a representative of ATC, hereby certifies that the invoice submitted is a true and
accurate reflection of the work performed to date, is an accurate representation of the percent work
completed for the phase identified in the invoice, and that the invoice submitted does not include any
charges for services that have been previously paid, or rejected by the District and/or CFW.



Cardno ATC Date


The invoice has been reviewed by the following and is recommended for payment:



Caldwell Flores Winters, Inc. Date




Oxnard School District Date
Lisa Cline, Assistant Superintendent,
Business and Fiscal Services
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ND#4819-2103-6308 Exhibit G page 2 Consultant Services Agreement















































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ND#4819-2103-6308 Exhibit G page 3 Consultant Services Agreement


Agreement #13-136
OXNARD SCHOOL DISTRICT
AGREEMENT FOR CONSULTANT SERVICES
(MASTER AGREEMENT HAZARDOUS MATERIALS SURVEY & TESTING)

This Agreement for Consultant Services (Agreement) is entered into as of this 13
th
day of November,
2013 by and between the Oxnard School District (District), with offices located at 1051 South A Street, Oxnard,
CA 93030, and ENCORP (Consultant) with a business address at 16700 Valley View Avenue, Suite 100, La
Mirada, CA 90638. District and Consultant are sometimes hereinafter individually referred to as Party and
hereinafter collectively referred to as the Parties.
RECITALS
A. District is authorized by California Government Code Section 53060, and Board Policy 4368, to
contract with independent contractors for the furnishing of services concerning financial, economic, accounting,
engineering, legal, administrative and other matters. District has sought, by issuance of a Request for
Qualifications, the performance of certain services, with the precise scope of work to be specified at the time of
assignment of work.
B. Following submission of a Statement of Qualifications for the performance of services, Consultant
was prequalified by District to perform services on behalf of District that may be assigned, or not assigned, at the
Districts sole discretion.
C. The Parties desire to formalize the prequalification of Consultant for performance of services and
desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and
contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties
agree as follows:
1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all exhibits attached to this
Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein.
2. Master Agreement. This Agreement sets forth the basic terms and conditions between District and
Consultant. It may be supplemented from time to time with an individual Work Authorization Letter
(WAL) which shall be considered an amendment to this Agreement, and which shall be subject to all
the terms and conditions of this Agreement, and any further terms and conditions as set forth in the
WAL.
3. Scope of Services. The scope of Services to be assigned to Consultant pursuant to a WAL is further
defined in Exhibit F Scope of Services, wherein the general responsibilities of Consultant are
described pursuant to the discipline(s) for which the Consultant has been deemed prequalified by
District as described in this Agreement.
4. Agreement, Scope of Work, and Assignment of Projects. District may, from time to time, and at the
sole discretion of District, assign to Consultant specific services to be performed by Consultant (the
Services) pursuant to a WAL. The WAL assignment procedure and associated forms are set forth in
Exhibit A, which is attached hereto. This Agreement, together with the WAL, sets forth the terms and
conditions pursuant to which Consultant will perform such Services on behalf of District. The WAL
ND#4819-2103-6308 Consultant Services Agreement 2
shall particularize and describe, among other things, such project(s) for which Consultant is to perform
Services, such Services to be performed by Consultant at such project(s), the timeline for the
performance of such Services, and the compensation to be paid to Consultant for the performance of
such Services.
5. Term of Agreement. Subject to earlier termination as provided below, this Agreement shall remain in
effect from November 13, 2013 through November 12, 2018 (the Term). This Agreement may be
extended only by amendment, signed by the Parties, prior to the expiration of the Term. Such
agreement for extension shall be based upon the showing of good and sufficient cause by Consultant
that such extension(s) shall be granted. District shall not be obligated to compensate Consultant for
any additional costs if such an extension has been granted to this Agreement. Any provision for
additional compensation shall be accommodated via the WAL process as indicated in Exhibit A.
6. Time for Performance. The scope of the Services set forth in the WAL shall be completed during the
Term pursuant to the schedule specified in the WAL. If Services indicated in the WAL cannot be
completed within the schedule set forth in the WAL, or if the schedule exceeds the Term of this
Agreement, it is the responsibility of Consultant to notify District at least ninety (90) days prior to the
expiration of either, with a request for a time extension clearly identifying the cause(s) for the failure to
complete the Services within the schedule and/or the Term. Should Consultant fail to provide such
notice, and/or the Services not be completed pursuant to that schedule or within the Term, Consultant
shall be deemed to be in Default as provided below. District, in its sole discretion, may choose not to
enforce the Default provisions of this Agreement and may instead allow Consultant to continue
performing the Services.
7. Additional Services. Additional Services are services in addition to the Services set forth in the WAL
that are provided by Consultant pursuant to a written request by District. Additional Services will
require a written request or pre-authorization in writing by District following specific approval of such
services by the District Board of Trustees. It is understood and agreed that Consultant shall not
perform any Additional Services unless and until Consultant receives specific written approval for such
Additional Services from the District Board of Trustees. Any modification of the compensation to be
paid to Consultant as a result of Additional Services must be specifically approved in writing by the
District Board of Trustees. In the event that the District Board of Trustees approves in writing a
modification of the compensation, then Consultant shall be paid for such Additional Services pursuant
to Section 8, below. However, it is understood and agreed that if the cause of the Additional Services
is the sole or partial responsibility of Consultant, its agents, or any subconsultants or other parties under
the charge of Consultant, no additional compensation shall be paid to Consultant. If such conditions
exist so as to justify Additional Services as indicated above, which require additional compensation or
time in order to be performed, it is the sole responsibility of Consultant to submit a request for
Additional Services within ten (10) days of Consultants discovery of such conditions which require
Additional Services. It is understood and agreed that if Consultant performs any services that it claims
are Additional Services without receiving prior written approval from the District Board of Trustees,
Consultant shall not be paid for such claimed Additional Services.
8. Compensation and Method of Payment. This Agreement does not guarantee that District will issue a
WAL to Consultant nor does this Agreement guarantee any compensation to Consultant. This
Agreement does not create any obligation on the part of District to compensate Consultant absent a
WAL indicating compensation due to Consultant once Services are performed. Specific compensation
and payment amounts, including approved reimbursable expenses, shall be set forth in the WAL.
However, it is understood and agreed that the compensation to be paid to Consultant shall not be in
excess of or exceed the rates set forth in Exhibit B Compensation.
ND#4819-2103-6308 Consultant Services Agreement 3
a. Each month Consultant shall furnish to District an original invoice for all work performed and
expenses incurred during the preceding month for Services performed pursuant to a WAL. The invoice
shall clearly indicate the assigned project, the approved WAL, and shall detail charges by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts.
Sub-consultant charges, if any, shall be detailed by the following categories: labor, travel, materials,
equipment and supplies. District shall independently review each invoice submitted by Consultant to
determine whether the work performed and expenses incurred are in compliance with the provisions of
this Agreement and the WAL. In the event that no charges or expenses are disputed, the invoice shall
be approved and paid according to the terms set forth in subsection b. In the event any charges or
expenses are disputed by District, the original invoice shall be returned by District to Consultant for
correction and resubmission.
b. Except as to any charges for work performed or expenses incurred by Consultant which are
disputed by District, District will use its best efforts to cause Consultant to be paid within forty-five
(45) days of receipt of Consultants correct and undisputed invoice.
c. Payment to Consultant for work performed pursuant to this Agreement and a WAL shall not be
deemed to waive any defects in work performed by Consultant.
9. Responsibilities of Consultant:
a. Consultant shall perform all Services as indicated in this Agreement and the WAL to the
satisfaction of District.
b. The specific Services of Consultant to be performed shall be indicated in the WAL.
c. Consultant hereby represents and warrants that (a) it is an experienced consultant in the
discipline(s) identified in Exhibit F, having the skill and the legal and professional ability and the
flexibility necessary to perform all of the Services required under this Agreement; (b) it has the
capabilities and resources necessary to perform its obligations hereunder; (c) it is familiar with all
current laws, rules, regulations and other restrictions which are and may become applicable to the
scope of Services under this Agreement, including but not limited to all local ordinances, building
codes, and requirements of all Authorities Having J urisdiction (AHJ ) including but not limited to the
Division of State Architect (DSA), the Office of Public School Construction (OPSC), the State
Facilities Planning Division (SFPD), California Department of Education (CDE), the California
Department of General Services (DGS), the Department of Toxic Substances Control (DTSC), the
California Environmental Quality Act (CEQA), Title 24 of the California Code of Regulations, the
California Education Code, State and Local Fire Authorities, air quality districts, water quality and
control boards, and any/all other AHJ ; (d) that it will assume full responsibility for all Services
performed and all work prepared and furnished to District by its employees, agents, and subconsultants;
(e) that it has sufficient financial strength and resources to undertake and complete the Services
provided for under this Agreement within the schedule set forth in the WAL; and (f) that it certifies and
covenants that all reports, certifications, studies, analyses, and other documents prepared by Consultant
shall be prepared in accordance with all applicable laws, rules, regulations, and other requirements in
effect at the time of their preparation, or required at their time of submittal to District and or agencies.
d. Consultant shall follow accepted industry standards and practices and comply with all federal,
state, and local laws and ordinances applicable to the Services required by this Agreement and the
WAL.
10. Responsibilities of District.
ND#4819-2103-6308 Consultant Services Agreement 4
a. District will prepare and furnish to Consultant upon Consultants request, such information as is
reasonably necessary to the performance of the Services required under this Agreement and the WAL.
Consultant understands that all information provided to Consultant remains the property of District and
shall only be removed from Districts possession/premises and/or be photocopied, reproduced,
distributed, or otherwise made available to others if such activities are expressly approved in writing by
District and/or the Program Manager. Failure to comply with the above requirements shall be
reasonable cause for termination of this Agreement, and may subject Consultant to liability for
damages to District.
b. If needed by Consultant, District shall provide information as to the requirements and educational
program for each project assigned by a WAL, including approved budget and schedule limitations.
c. District shall facilitate and coordinate cooperation amongst and between District consultants,
including but not limited to architects, construction managers, surveyors, geotechnical engineers,
inspectors, testing laboratories, hazardous materials specialists, CEQA/DTSC compliance specialists,
technology experts, and any other professional consultants District deems necessary to execute the
Facilities Implementation Program. Such coordination shall include the distribution of documentation
prepared by individual consultants which may be of service to Consultant in the course of completing
the Services.
d. District shall facilitate and coordinate cooperation amongst and between District staff and
Consultant, as required to complete the Services.
e. District shall provide for the timely approval and execution of the WALs, Additional Services
requests, invoices, and any other documentation that requires District action in order for Consultant to
complete the Services.
11. Suspension. District may, for any reason or no reason, in Districts sole discretion, suspend all or a
portion of this Agreement, the WAL, or the Services by giving ten (10) calendar days written notice of
suspension to Consultant. In the event such notice is given, Consultant shall cease immediately all
work in progress. If District suspends the Services for a period of ninety (90) consecutive calendar
days or more and, in addition, if such suspension is not caused by Consultant or the acts or omissions
of Consultant, then if the Services are resumed, Consultants compensation shall be subject to
adjustment to provide for actual direct costs and expenses incurred by Consultant as a direct result of
the suspension and resumption by District of the Services.
12. Termination. This Agreement, the WAL, or the Services may be terminated at any time by mutual
agreement of the Parties or by either Party as follows:
a. District may terminate all or a portion of this Agreement, the WAL, or the Services without cause
at any time by giving ten (10) calendar days written notice of termination to Consultant. In the event
such notice is given, Consultant shall cease immediately all work in progress; or
b. District may terminate all or a portion of this Agreement, the WAL, or the Services for cause in the
event of a Default by giving written notice pursuant to Section 15, below; or
c. Consultant may terminate this Agreement or the WAL at any time upon thirty (30) calendar days
written notice if District fails to make any undisputed payment to Consultant when due and such failure
remains uncured for forty-five (45) calendar days after written notice to District.
ND#4819-2103-6308 Consultant Services Agreement 5
13. Similar or Identical Services. In the event that this Agreement, the WAL, or any of the Services are
terminated in whole or in part as provided herein, District may procure, upon such terms and in such
manner as District may determine appropriate, services similar or identical to those terminated to
complete any unfinished Services or new services as needed by District.
14. Inspection and Final Acceptance. District acceptance of any of work or Services, whether specifically
in writing or by virtue of payment, shall not constitute a waiver of any of the provisions of this
Agreement or the WAL including, but not limited to, indemnification and insurance provisions.
15. Default. Failure of Consultant to perform any Services or comply with any provisions of this
Agreement or the WAL constitutes a Default. District may terminate all or any portion of this
Agreement, the WAL, or the Services for cause in the event of a Default. The termination shall be
effective if Consultant fails to cure such Default within thirty (30) calendar days following issuance of
written notice thereof by District, or if the cure by its nature takes longer, fails to commence such cure
within thirty (30) calendar days from the date of issuance of the notice and diligently prosecutes such
cure to the satisfaction of District. If Consultant has not cured the Default, District may hold all
invoices and may choose to proceed with payment on said invoices only after the Default is cured to
Districts satisfaction. In the alternative, District may, in its sole discretion, during the period before
Consultant has cured the Default, elect to pay any portion of outstanding invoices that corresponds to
Services satisfactorily rendered. Any failure on the part of District to give notice of Consultants
default shall not be deemed to result in a waiver of Districts legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to Districts termination rights set forth above, District shall have (i) the right to cure
Consultants Default at Consultants cost, in which case all amounts expended by District in connection
with such cure shall accrue interest from the date incurred until repaid to District by Consultant at the
rate of ten percent (10%) per annum; and (ii) all other rights and remedies available to District at law
and in equity, including, without limitation, an action for damages. District shall have the right to
retain unpaid earned balances to offset damages, and/or charge Consultant for all damages above and
beyond unpaid balance of WAL.
16. Ownership of Documents. All maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or discovered by
Consultant in the course of providing any Services pursuant to this Agreement or the WAL
(collectively and individually, the Documents) shall become the sole property of District and may be
used, reused or otherwise disposed of by District without the permission of Consultant. Upon
completion, expiration or termination of this Agreement or the WAL, Consultant shall turn over to
District all such Documents.
17. Use of Documents by District. If and to the extent that District utilizes for any purpose not related to
this Agreement or the WAL any Documents, Consultants guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
18. Consultants Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultants performance of Services pursuant to this Agreement or the
WAL for a minimum of four years after termination or expiration of this Agreement and the WAL, or
longer if required by law. Such records shall include at minimum a detailed record of daily
performance, staff time records, subconsultants time records, documentation of all costs incurred by
Consultant that were billed to District, and detailed records of all Consultant fees, overhead, and profit
on earned amounts.
ND#4819-2103-6308 Consultant Services Agreement 6
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled
checks, or other documents or records evidencing or relating to work, services, expenditures and
disbursements charged to District pursuant to this Agreement or the WAL for a minimum of four years,
or longer if required by law, all in accordance with generally accepted accounting principles and with
sufficient detail so as to permit an accurate evaluation of the Services provided by Consultant pursuant
to this Agreement or the WAL.
b. Any and all such records or documents shall be made available for inspection, audit and copying, at
any time during regular business hours, upon request by District or its designated representative.
Copies of such documents or records shall be provided directly to District for inspection, audit and
copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such
documents and records shall be made available at Consultants address indicated for receipt of notices
in this Agreement.
c. District has the right to acquire custody of such records by written request if Consultant decides to
dissolve or terminate its business. Consultant shall deliver or cause to be delivered all such records and
documents to District within sixty (60) days of receipt of the request.

19. Independent Contractor. Consultant is retained as an independent contractor and is not employed by
District. No employee or agent of Consultant shall become, or be considered to be, an employee of
District for any purpose. It is agreed that District is interested only in the results obtained from the
Services under this Agreement and the WAL and that Consultant shall perform as an independent
contractor with sole control of the manner and means of performing the Services required under this
Agreement and the WAL. Consultant shall complete this Agreement and the WAL according to its
own methods of work which shall be in the exclusive charge and control of Consultant and which shall
not be subject to control or supervision by District except as to results of the Services. Consultant shall
provide all of its own supplies, equipment, facilities, materials, manpower, and any/all other resources
that may become necessary in the course of completing the Services. It is expressly understood and
agreed that Consultant and its employees shall in no event be entitled to any benefits to which District
employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation,
workers compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultants employees wages, payroll taxes, employee benefits and any
amounts due for federal and state income taxes and Social Security taxes since these taxes will not be
withheld from payments under this Agreement or the WAL.
a. The personnel performing the Services under this Agreement and the WAL on behalf of Consultant
shall at all times be under Consultants exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultants
officers, employees, or agents are in any manner officials, officers, employees or agents of District.
b. Consultant shall have no authority to bind District in any manner, or to incur any obligation, debt
or liability of any kind on behalf of or against District, whether by contract or otherwise, unless such
authority is expressly conferred in writing by District, or under this Agreement.
20. Standard of Performance. Consultant represents and warrants that it has the skill, qualifications,
experience and facilities necessary to properly perform the Services required under this Agreement and
the WAL in a thorough, competent and professional manner. Consultant represents and warrants that
its employees and subcontractors have all legally required licenses, permits, qualifications and
approvals necessary to perform the Services and that all such licenses and approvals shall be
maintained throughout the term of this Agreement and the WAL. Consultant shall at all times
faithfully, competently and to the best of its ability, experience and talent, perform all Services
ND#4819-2103-6308 Consultant Services Agreement 7
described herein and the WAL. In meeting its obligations under this Agreement and the WAL,
Consultant shall employ, at a minimum, the standard of care utilized by persons engaged in providing
services similar to those required of Consultant under this Agreement and the WAL for California
school districts in or around the same geographic area of District (the Standard of Performance).
21. Confidential Information. All information gained during performance of the Services and all
Documents or other work product produced by Consultant in performance of this Agreement and the
WAL shall be considered confidential (confidential information). Consultant shall not release or
disclose any such confidential information, Documents or work product to persons or entities other
than District without prior written authorization from the Superintendent of District and/or Program
Manager, except as may be required by law. Confidential information does not include information
that: (i) Consultant had in its possession prior to considering entering into this Agreement; (ii) becomes
public knowledge through no fault of Consultant; (iii) Consultant lawfully acquires from a third party
not under an obligation of confidentiality to the disclosing party; or (iv) is independently developed by
Consultant without benefit of the information provided by District. In connection with confidential
information:
a. Consultant shall promptly notify District if it is served with any summons, complaint, subpoena or
other discovery request, court order or other request from any party regarding this Agreement or the
WAL or the Services performed hereunder or the WAL.
b. District retains the right, but has no obligation, to represent Consultant or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with District and to
provide District with the opportunity to review any response to discovery requests provided by
Consultant; provided that this does not imply or mean the right by District to control, direct, or rewrite
said response.
22. Conflict of Interest; Disclosure of Interest. Consultant covenants that neither it, nor any officer or
principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any
manner with the interests of District or which would in any way hinder Consultants performance of the
Services under this Agreement or the WAL. Consultant further covenants that in the performance of
this Agreement and the WAL, no person having any such interest shall be employed by it as an officer,
employee, agent or subcontractor without the express written consent of District. Consultant agrees to
at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of
District in the performance of this Agreement and the WAL.
a. Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E, as hereinafter amended or renumbered,
require that a consultant that qualifies as a designated employee must disclose certain financial
interests by filing financial interest disclosures. By its initials below, Consultant (i) represents that it
has received and reviewed a copy of the Bylaws of the Board 2030(A) E, 2030(B) E and 2030(C) E and
that it [____] does [X] does not qualify as a designated employee; and (ii) agrees to notify District, in
writing, if Consultant believes that it is a designate employee and should be filing financial interest
disclosures, but has not been previously required to do so by District.
______ (Initials)
23. Compliance with Applicable Laws. In connection with the Services and its operations, Consultant
shall keep itself informed of and comply with all applicable federal, state and local laws, statutes,
codes, ordinances, regulations and rules including, but not limited to, minimum wages and/or
prohibitions against discrimination, in effect during the Term. Consultant shall obtain any and all
licenses, permits and authorizations necessary to perform the Services. Neither District, nor any
ND#4819-2103-6308 Consultant Services Agreement 8
elected or appointed boards, officers, officials, employees or agents of District shall be liable, at law or
in equity, as a result of any failure of Consultant to comply with this section.
a. Without limiting the generality of the foregoing, Consultant, unless exempted, shall comply with
the requirements of Education Code Section 45125.1 with respect to fingerprinting of employees who
may have contact with Districts pupils. Consultant must complete Districts certification form,
attached herein as Exhibit E, prior to any of Consultants employees coming into contact with any of
Districts pupils. Consultant also agrees to comply with all other operational requirements of District,
as may be revised from time to time, including but not limited to any obligations relating to vaccination
or testing for infectious diseases.
______ (Initials)
24. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of
the Federal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seq., as amended, and in
connection therewith, shall not employ unauthorized aliens as that term is defined in 8 U.S.C.A.
1324a(h)(3). Should Consultant so employ such individuals for the performance of work and/or
Services covered by this Agreement or the WAL, and should any liability or sanctions be imposed
against District for such employment, Consultant hereby agrees to and shall reimburse District for the
cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys'
fees, incurred by District.
25. Non-Discrimination. Consultant shall abide by the applicable provisions of the United States Civil
Rights Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in
any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex,
sexual orientation, age, physical handicap, medical condition or marital status in connection with or
related to the performance of this Agreement or the WAL.
26. Disabled Veteran Business Enterprise Participation. Pursuant to Education Code section 17076.11,
District has a participation goal for disabled veteran business enterprises (DVBEs) of at least three (3)
percent, per year, of funds expended each year by District on projects that use funds allocated by the
State Allocation Board pursuant to the Leroy F. Greene School Facilities Act. Unless waived in
writing by District, Consultant shall provide proof of DVBE compliance, in accordance with any
applicable policies of District or the State Allocation Board, within thirty (30) days of its execution of
this Agreement
27. Assignment. The expertise and experience of Consultant are material considerations for this
Agreement and the WAL. District has an interest in the qualifications of and capability of the persons
and entities that will fulfill the duties and obligations imposed upon Consultant under this Agreement
and the WAL. In recognition of that interest, Consultant shall not assign or transfer this Agreement or
any portion of this Agreement or any portion of the WAL or the performance of any of Consultants
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by Districts Board of Trustees. Any attempted assignment shall be ineffective,
null and void, and shall constitute a material breach of this Agreement and the WAL entitling District
to any and all remedies at law or in equity, including summary termination of this Agreement and the
WAL.
28. Subcontracting. Notwithstanding the above, Consultant may utilize subcontractors in the performance
of its duties pursuant to this Agreement and the WAL, but only with the prior written consent of
District. Consultant shall be as fully responsible to District for the acts and omissions of its
subcontractors, and of persons either directly or indirectly employed by Consultants subcontractors, as
if the acts and omissions were performed by Consultant directly.
ND#4819-2103-6308 Consultant Services Agreement 9
29. District Administrator. Lisa Franz shall be in charge of administering this Agreement on behalf of
District, (the Administrator) provided that any written notice or any consent, waiver or approval of
District must be signed by the Superintendent or a designated employee of District to be valid. The
Administrator has completed Exhibit D Conflict of Interest Check attached hereto.
30. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultants staff and subcontractors consistent with the staff proposed as part of the
Statement of Qualifications, if any, assigned to perform Services under this Agreement and the WAL.
a. Consultant shall provide District and the Administrator a list of all personnel and subcontractors
providing Services and shall maintain said list current and up to date at all times during the Term. The
list shall include the following information: (1) all full or part-time staff positions by title, including
volunteer positions whose direct services are required to provide the Services; (2) a brief description of
the functions of each such position and the hours each position works each week or, for part-time
positions, each day or month, as appropriate; (3) the professional degree, if applicable, and experience
required for each position; and (4) the name of the person responsible for fulfilling the terms of this
Agreement and the WAL.
31. Indemnification. To the fullest extent permitted by law, Consultant shall defend and indemnify
District and its officials, elected board members, employees and agents (Indemnified Parties) from
and against all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant, its officers, employees, consultants, subcontractors, or agents, pursuant
to this Agreement and/or the WAL, but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of any of the Indemnified Parties.
a. Consultant agrees to obtain executed indemnity agreements with provisions identical to the above
from each and every subcontractor retained or employed by Consultant in the performance of this
Agreement and the WAL. Failure of District to monitor compliance with these requirements imposes
no additional obligations on District and will in no way act as a waiver of any rights hereunder.
Consultants obligation to indemnify and defend District as set forth above is binding on the
successors, assigns or heirs of Consultant and shall survive the termination of this Agreement and the
WAL.
______ (Initials)
32. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit C Insurance and made a part of this
Agreement. All insurance policies shall be subject to approval by District as to form and content.
These requirements are subject to amendment or waiver if so approved in writing by the District
Superintendent.
33. Notices. All notices required or permitted to be given under this Agreement or the WAL shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and
return receipt requested, addressed as follows:
To District: Oxnard School District
1051 South A Street
Oxnard, California, 93030
Attention: Lisa Cline
Assistant Superintendent, Business & Fiscal Services
Re: [Insert Project Name]
ND#4819-2103-6308 Consultant Services Agreement 10
With electronic copy to: Caldwell Flores Winters, Inc.
Oxnard School District Program Manager
6425 Christie Ave., Suite 270
Emeryville, California 94608
Attention: Yuri Calderon
T: 510-596-8170
Email: ycalderon@cfwinc.com
To Consultant: ENCORP
16700 Valley View Ave., Suite 100
La Mirada, CA 90638
Attention: Bill Bohning
T: (714) 523-9811
Email: bbohning@encorp.net
All notices, demands, or requests to be given under this Agreement or the WAL shall be given in writing
and conclusively shall be deemed received when delivered in any of the following ways: (i) on the date
delivered if delivered personally; (ii) on the date sent if sent by facsimile transmission and confirmation of
transmission is received; (iii) on the date it is accepted or rejected if sent by certified mail; and (iv) the date
it is received if sent by regular United States mail.
34. Excusable Delays. Neither Party will be liable to the other for unanticipated delays or failures in
performance resulting from causes beyond the reasonable control of that Party, including, but not
limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war,
governmental regulations, communications or utility failures, or casualties; provided that the delayed
Party: (i) gives the other Party prompt written notice of such cause; and (ii) uses its reasonable efforts
to correct such failure or delay in its performance. The delayed Party's time for performance or cure
under this section will be extended for a period equal to the duration of the cause or sixty (60) days,
whichever is less.
35. Entire Agreement; Binding Effect. This Agreement including Exhibits hereto, contains the entire
understanding of the Parties, and supersedes all other written or oral agreements. Consultant shall be
entitled to no other benefits other than those specified herein. No changes, amendments or alternations
shall be effective unless in writing and signed by both Parties and approved by Districts Board of
Trustees. Consultant specifically acknowledges that in entering into this Agreement, Consultant relied
solely upon the provisions contained in this Agreement and no others. This Agreement shall be
binding upon the heirs, executors, administrators, successors and assigns of the Parties.
36. Amendment. No changes, amendments to or modifications of this Agreement or the WAL shall be
valid, effective or binding unless made in writing and signed by both Parties and approved by the
Districts Board of Trustees. The Parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
37. Waiver. Waiver by any Party of any term, condition, or covenant of this Agreement or the WAL shall
not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of
the provisions of this Agreement or the WAL shall not constitute a waiver of any other provision or a
waiver of any subsequent breach or violation of any provision of this Agreement or the WAL. None of
the provisions of this Agreement or the WAL shall be considered waived by either Party unless such
waiver is specifically specified in writing. Neither Districts review, approval of, nor payment for, any
of the Services required under this Agreement or the WAL shall be construed to operate as a waiver of
ND#4819-2103-6308 Consultant Services Agreement 11
any rights under this Agreement or the WAL, and Consultant shall remain liable to District in
accordance with this Agreement and the WAL for all damages to District caused by Consultants
failure to perform any of the Services to the Standard of Performance. This provision shall survive the
termination of this Agreement and the WAL.
38. Governing Law. This Agreement and the WAL shall be interpreted, construed and governed
according to the laws of the State of California. With respect to litigation involving this Agreement,
the WAL or the Services, venue in state trial courts shall lie exclusively in the County of Ventura,
California.
39. Severability. If any term, condition or covenant of this Agreement or the WAL is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement and the WAL shall not be affected thereby and the Agreement and WAL
shall be read and construed without the invalid, void or unenforceable provision(s).
40. Authority to Execute. The person or persons executing this Agreement on behalf of Consultant
represents and warrants that he/she/they has/have the authority to so execute this Agreement and to
bind Consultant to the performance of its obligations hereunder.

IN WITNESS WHEREOF, District and Consultant have executed and delivered this Agreement for
consultant services as of the date first written above.

OXNARD SCHOOL DISTRICT: ENCORP:



Signature Signature

Lisa A. Franz, Director, Purchasing
Typed Name/Title Typed Name/Title


Date Date

Tax Identification Number: 95-6002318 Tax Identification Number:

Not Project Related
Project #13-136


ND#4819-2103-6308 Exhibit A page 1 Consultant Services Agreement

EXHIBIT A
TO AGREEMENT FOR CONSULTANT SERVICES #13-136

WORK AUTHORIZATION PROCEDURES

1. Assignment of Work Authorization
1.1. Request For Proposal (RFP): At the sole discretion of District, one or more prequalified
professional services consultants shall be solicited with a Request For Proposal (RFP) for a
specific lump sum fixed fee proposal for defined Services to be complete within a defined timeline.
For a proposal to be valid it must clearly acknowledge the complete Services requested by District
and must include a lump sum fixed fee amount to complete all defined Services, a clearly defined
schedule for completion of Services which meets the required timeline defined by District and
shows final completion to occur within the Term of this Agreement.

1.2. Evaluation of Proposal: Districts Program Manager, in consultation with District, shall review each
proposal for validity, accuracy, competitiveness, and overall quality of the Services proposed to be
performed. In the case where more than one firm is solicited for a scope of defined Services, the
Program Manager shall evaluate each proposal thoroughly based on predetermined, objective
criteria to ensure a just and fair review of all proposals.

1.3. Selection of Consultant: Following evaluation of proposals, the consultant whose proposal exhibits
the best value for the benefit of District shall be recommended to the Superintendent for approval.

1.4. Work Authorization Letter (WAL): With the approval of the District Superintendent, the Program
Manager shall issue a Work Authorization Letter (WAL) to the selected consultant to perform the
defined Services as indicated in the RFP, for the lump sum fixed fee amount reflected in the
proposal, with all Services to complete within the timeline indicated in the RFP, and the Term set
forth in this Agreement. District retains the right to negotiate all terms of the WAL subsequent to
the receipt of proposal(s) in order to clarify the scope of Services, and/or make any adjustments to
the fee amount and required schedule prior to issuance of the WAL. The WAL shall be considered
a binding agreement, and amendment to this Agreement, once executed by Consultant, approved by
the District Board of Trustees, and executed by the Superintendent.

1.5. Performance of Services Set Forth in the WAL: Performance of Services set forth in the WAL shall
not commence until final approval by the District Superintendent and Board of Trustees, unless
expressly authorized by the District Superintendent and Program Manager. During the course of
completing the Services, Consultant shall comply will all provisions of this Agreement and the
WAL. All Services set forth in the WAL shall be completed within the schedule set forth in the
WAL.

1.6. Close Out of WAL Services: Upon completion of all Services required by the WAL, Consultant
shall submit all required close-out documentation, certifications, records, reports, warranties, and
any other information required or requested by District prior to submitting Consultants invoice for
final payment.

1.7. WAL Form: See next page for sample Work Authorization Letter.
Not Project Related
Project #13-136


ND#4819-2103-6308 Exhibit A page 2 Consultant Services Agreement

Not Project Related
Project #13-136


ND#4819-2103-6308 Exhibit B page 1 Consultant Services Agreement

EXHIBIT B
TO AGREEMENT FOR CONSULTANT SERVICES #13-136
COMPENSATION & RATE/FEE SCHEDULE

I. The following rates of pay shall apply in the performance of the Services under this Agreement and the
WAL:





II. Consultant may utilize subcontractors as permitted in the Agreement and the WAL. The hourly rate for
any subcontractor shall be consistent with the rate and fee schedule indicated in Section I above, unless
other direction is provided with written authorization from District Superintendent or his/her designee.

III. Claims for reimbursable expenses shall be documented by appropriate invoices and supporting receipts.
Consultant may be reimbursed for those reasonable out-of-pocket expenses set forth below that are
incurred and paid for by Consultant beyond the typical obligations under this Agreement and the WAL,
but only to the extent that such expenses are directly related to Services satisfactorily completed, are
Not Project Related
Project #13-136


ND#4819-2103-6308 Exhibit B page 2 Consultant Services Agreement

approved by District in writing and do not cause the amounts paid to Consultant to exceed the amounts
allowed under this Agreement and the WAL. No mark-up of any expense is permitted. The following is
the EXCLUSIVE list of reimbursable expenses:

A. Travel and Mileage. Consultant must request the travel in writing and justify why the travel
should be reimbursed. Travel expenses must be approved in writing by District, in its sole discretion.
Trips from any Consultants office to Districts office or to the subject project site will not be
approved for reimbursement.

B. Reimbursable Reprographic Services. Print sets or copies requested in writing by District beyond
the quantities required under the WAL.

C. Fees for Subcontractors. Fees for subcontractors hired and paid by Consultant at the written
request of District and are permitted in the Agreement and the WAL.

D. Fees advanced for securing approval of public agencies having jurisdiction over any project
hereunder.

IV. Consultant shall provide to District a complete Schedule of Values (SOV), identifying major work
activities required to complete the authorized scope of work. All invoices must reflect the appropriate
progress percentage for each SOV item billed, to be verified by District. District will compensate
Consultant for the Services performed upon approval by District of a valid and complete invoice, in form
and substance acceptable to District. See Exhibit G for required Invoice Approval Form and Billing
Cover Sheet. The Billing Cover Sheet shall reflect the approved SOV. In connection with Services that
are only partially completed at the time an invoice is paid, notwithstanding any provision of the
Agreement, the WAL, or any other document, payment of the invoice does not constitute acceptance of
the partially completed work or Service. Each invoice is to include:

A. Billing Cover Sheet/SOV with all appropriate progress percentages identified toward completion of the
Services.
B. Acceptable back-up for billings shall include, but not be limited to:
a. Records for all personnel describing the work performed, the number of hours worked, and the
hourly rate, for all time charged to the Services.
b. Records for all supplies, materials and equipment properly charged to the Services.
c. Records for all travel pre-approved by District and properly charged to the Services.
d. Records for all subcontractor labor, supplies, equipment, materials, and travel properly charged
to the Services.

Unless otherwise directed by District, in writing, completed invoices are to be submitted to the attention of the
Director of Purchasing and the Assistant Superintendent, Business and Fiscal Services. To be considered complete,
the invoice packet shall include all back-up documentation required by District and sign-off from District staff,
Program Manager or project manager assigned by District to supervise the Services.

V. The total compensation for the Services shall be provided for in the WAL(s) issued subsequent to this
Agreement.

VI. Compensation Upon Termination. In the event that District suspends or terminates this Agreement, the
WAL or any of the Services pursuant to Section 11 or Section 12a of the Agreement, District will pay
Consultant as provided herein and the WAL for all Services and authorized Additional Work actually
Not Project Related
Project #13-136


ND#4819-2103-6308 Exhibit B page 3 Consultant Services Agreement

performed, and all authorized reimbursable expenses actually incurred and paid, under and in accordance with
this Agreement and the WAL, up to and including the date of suspension or termination; provided that such
payments shall not exceed the amounts specified in the Agreement and the WAL as compensation for the
Services completed, plus any authorized Additional Work and authorized reimbursable expenses completed
prior to suspension or termination. No payment for demobilization shall be paid unless District at its sole
discretion determines that demobilization or other compensation is appropriate. After a notice of termination is
given, Consultant shall submit to District a final claim for payment, in the form and with certifications
prescribed by District. Such claim shall be submitted promptly, but in no event later than forty (40) calendar
days after the Termination Date specified on the notice of termination. Such payment shall be Consultants
sole and exclusive compensation and District shall have no liability to Consultant for any other compensation
or damages, including without limitation, anticipated profit, prospective losses, legal fees or costs associated
with legal representation or consequential damages, of any kind.
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Project #13-136

ND#4819-2103-6308 Exhibit C page 1 Consultant Services Agreement

EXHIBIT C
TO AGREEMENT FOR CONSULTANT SERVICES #13-136


INSURANCE

I. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to District
Superintendent or District Counsel, in full force and effect throughout the Term of this Agreement and the WAL,
against claims for injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by Consultant, its agents, subcontractors, representatives and/or employees.
Insurance is to be placed with insurers authorized to conduct business in the State of California and with a current
A.M. Best's rating of no less than A, as rated by the current edition of Bests Key Rating Guide, published by A.M.
Best Company, Oldwick, New J ersey 08858. Consultant shall provide the following scope and limits of insurance:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability coverage of not less than two million dollars ($2,000,000)
aggregate and one million dollars ($1,000,000) per occurrence.

(2) Auto liability insurance with limits of not less than one million dollars ($1,000,000).

(3) Insurance coverage should include:

1. owned, non-owned and hired vehicles;
2. blanket contractual;
3. broad form property damage;
4. products/completed operations; and
5. personal injury.

(4) Workers' Compensation insurance as required by the laws of the State of California.

(5) Abuse and Molestation coverage of not less than two million dollars ($2,000,000) per
occurrence and five million dollars ($5,000,000) aggregate.

(6) Professional liability (Errors and Omissions) insurance, including contractual liability, as
appropriate to the Consultants profession, in an amount of not less than the following:

Accountants, Attorneys, Education Consultants, $1,000,000
Nurses, Therapists

Architects $1,000,000 or $2,000,000

Physicians and Medical Corporations $5,000,000

Failure to maintain professional liability insurance is a material breach of this Agreement and the WAL and
grounds for immediate termination

II. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:

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Project #13-136

ND#4819-2103-6308 Exhibit C page 2 Consultant Services Agreement

A. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the
coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in
coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been
given to District

B. General Liability, Automobile Liability, and Abuse/Molestation Coverages.

(1) District, and its respective elected and appointed officers, officials, employees and
volunteers are to be covered as additional insureds (collectively, additional insureds) as respects the following:
liability arising out of activities and/or Services Consultant performs; products and completed operations of
Consultant; premises owned, occupied or used by Consultant; automobiles owned, leased, hired or borrowed by
Consultant, and Abuse/Molestation. The coverage shall contain no special limitations on the scope of protection
afforded to additional insureds.

(2) Each policy shall state that the coverage provided is primary and any insurance carried by
any additional insured is in excess to and non-contributory with Consultants insurance.

(3) Consultants 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.

(4) Any failure to comply with the reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to any additional insured.

III. Other Requirements. Consultant agrees to deposit with District, at or before the effective date of this
Agreement and the WAL, certificates of insurance necessary to satisfy District that the insurance provisions of this
Agreement have been complied with. District may require that Consultant furnish District with copies of original
endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. District reserves the right to inspect complete,
certified copies of all required insurance policies, at any time.

A. If any Services are performed by a subcontractor, Consultant shall furnish certificates and
endorsements from each subcontractor identical to those Consultant provides.

B. Any deductibles or self-insured retentions must be declared to and approved by District. At the
option of District, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
District or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses
and claims.

C. The procuring of any required policy or policies of insurance shall not be construed to limit
Consultants liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.


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ND#4819-2103-6308 Exhibit D page 1 Consultant Services Agreement

EXHIBIT D
TO AGREEMENT FOR CONSULTANT SERVICES #13-136
CONFLICT OF INTEREST CHECK

Bylaws of the Board 2030(C)E requires that the Superintendent or a designee make a determination, on a case by
case basis, concerning whether disclosure will be required from a consultant to comply with Districts Conflict of
Interest Code (commencing with Bylaws of the Board 2030 BB).

Consultants are required to file disclosures when, pursuant to a contract with District, Consultant will make certain
specified government decisions or will perform the same or substantially the same duties for District as a staff
person would.


The services to be performed by Consultant under the Agreement to which this Exhibit D is attached [] constitute
[X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code.
Therefore, Consultant, [] is [X] is not subject to disclosure obligations.


Date:

By:
Lisa A. Franz
Director, Purchasing


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ND#4819-2103-6308 Exhibit E page 1 Consultant Services Agreement

EXHIBIT E
TO AGREEMENT FOR CONSULTANT SERVICES #13-136

BACKGROUND CHECK AND FINGERPRINTING PROCEDURES
FOR CONTRACTORS

The successful Bidder will be required to assure that its employees, subcontractors of any tier, material
suppliers, and consultants do not have direct contact with the Districts students during the performance
of the Contract in compliance with Education Code 45125.1 and 45125.2. To assure these provisions,
the successful Bidders supervisor shall be fingerprinted, and proof of same shall be provided to the
District prior to start of on-site work. The supervisor will monitor the workers conduct while on school
grounds. In addition, the successful Bidder shall barricade the Work area to separate its workers from the
students. Costs associated with this process are the responsibility of the successful Bidder.

The Contractors construction supervisors or their unsupervised employees who will be working outside
of fenced areas during the school hours must have submitted a fingerprint identification card to the
Department of J ustice (DOJ ) and have a proof of clearance in the form of an affidavit filed in the Oxnard
School Districts Purchasing Office prior to the start of the Work.

California Education Code 45125.1 and 45125.2 require that criminal checks be completed for
contractors (Contracting Firm) who provide architectural, construction, janitorial, administrative,
landscape, transportation, food-related, or other similar services to school districts.

The undersigned does hereby certify to the Board of Trustees of the Oxnard School District as follows:

That I am a representative of the Contractor currently under contract (Contract) with the District; that I
am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on
behalf of Contractor.

Contractor certifies that it has taken the following actions with respect to the construction Project that is
the subject of the Contract:

1. Pursuant to Education Code 45125.2, Contractor has installed or will install, prior to
commencement of Work, a physical barrier at the Work Site, which will limit contact between
Contractors employees and District pupils at all times (mandatory for all Projects); AND

2. The Contractor has complied with the fingerprinting requirements of Education Code 45125.1
with respect to all Contractors employees and all of its subcontractors employees who may have contact
with District pupils in the course of providing services pursuant to the Contract, and the California
Department of J ustice has determined that none of those employees has been convicted of a felony, as that
term is defined in Education Code 45122.1. A complete and accurate list of Contractors employees and
of all its subcontractors employees who may come in contact with District pupils during the course and
scope of the Contract is attached hereto; AND/OR

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ND#4819-2103-6308 Exhibit E page 2 Consultant Services Agreement

3. Pursuant to Education Code 45125.2, Contractor certifies that all employees will be under the
continual supervision of, and monitored by, an employee of the Contractor who the California Department
of J ustice has ascertained has not been convicted of a violent or serious felony. The name and title of
each employee who will be supervising Contractors employees and its subcontractors employees is:

Name: _____________________________________

Title: ______________________________________

AND/OR

4. The Work on the Contract is at an unoccupied school site and no employee and/or subcontractor or
supplier of any tier of Contract shall come in contract with District pupils.

Contractors responsibility for background clearance extends to all of its employees, Subcontractors, and
employees of Subcontractors coming into contact with District pupils regardless of whether they are
designated as employees or acting as independent contractors of the Contractor.

Date: _________

Proper Name of Contractor: ______________________________________

Signature: _________________________

By: ______________________________________

Its: ______________________________________
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Project #13-136

ND#4819-2103-6308 Exhibit F page 1 Consultant Services Agreement

EXHIBIT F
TO AGREEMENT FOR CONSULTANT SERVICES #13-136

SCOPE OF SERVICES Lead, Asbestos, & Hazardous Materials Survey & Testing

The Lead, Asbestos, & Hazardous Materials Survey & Testing Labs Scope of Work includes, but is
not limited to, the following:

Consultant shall ensure that the project sites and existing improvements are free from hazardous
materials, and/or to verify the presence of hazardous materials and develop a work plan to remove,
contain, or otherwise mitigate the effects of hazardous materials to the school site. All work by this
consultant must be performed in accordance with Division of State Architect (DSA), California
Department of Education (CDE), California Department of Toxic Substances Control (DTSC), California
Environmental Quality Act (CEQA), California Occupational Safety and Health Administration (Cal-
OSHA), and all other agencies having jurisdiction.

1. Pre-Construction Services:
a. Asbestos-Related Consulting Services
i. Provide State of California, Division of Occupational Safety and Health Association (OSHA),
Certified Asbestos Consultant(s) (CAC) or Certified Site Surveillance Technician(s) (CSST), for
asbestos-related services.
ii. Review sites and scope of work and/or specification and plans for proposed construction
activities to determine the type of work that will occur on the project. Also, CONSULTANT
shall review building records, including architectural and structural plans as provided by the
DISTRICT to obtain information regarding building elements and for reference to asbestos used
in construction, renovation and/or repair.
iii. Meet with District Project Manager and where applicable, other consultants, to perform on-site
inspections of the locations involved in the project to determine where asbestos containing
materials may be present, or are in close proximity to the work and could be impacted, as a
result of the project.
iv. Review of previous asbestos documents provided by the DISTRICT to determine sampling
strategy. Sampling to be conducted in accordance with EPA/AHERA established sampling
protocols and asbestos analysis shall be performed by an NVLAP Accredited Laboratory.
v. Inspections shall include accessing and possibly creating destructive entry into walls and
enclosed spaces. CONSULTANT shall collect representative bulk samples of suspect materials
not identified as positive or negative for asbestos content. Materials assumed to contain asbestos,
such as transite pipes and flues, gaskets, etc. will not be sampled or analyzed.
vi. Take digital photographs of special site conditions, anomalies, and for describing conditions
more clearly.
vii. Review existing Asbestos Management Plan, Survey Reports and supplemental bulk sample and
analysis reports and reports prepared by consultants on prior projects.
b. Lead Based Paint (LBP) and other Lead-Related Consulting Services
i. Provide staff with State of California, Department of Health Services Lead Certification to
perform lead-related services.
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ND#4819-2103-6308 Exhibit F page 2 Consultant Services Agreement

ii. Review sites and scope of work and/or specification and plans for proposed construction
activities to determine the type of work that will occur on the project.
iii. Meet with District Project Manager and where applicable, other consultants, to perform on-site
inspections of the locations involved in the project to determine where lead-based paint may be
present, or are in close proximity to the work and could be impacted, as a result of the project.
iv. Areas of deteriorated paint or other lead-containing materials may need to be identified so that
loose and flaky paint, or other potential lead-containing materials, can be removed or otherwise
properly handled prior to and/or during demolition and construction.
v. Lead-based paint testing will be performed using a portable X-ray fluorescence (XRF) analyzer.
c. Hazardous Materials Consulting Services
i. Prior to demolition or abatement, a survey of potential hazardous materials (in addition to
asbestos and lead based paint (LBP) must be inventoried. CONSULTANT shall perform a visual
evaluation of potential hazardous chemicals and/or ballasts to determine the need for additional
mitigation efforts required for safe demolition. CONSULTANT is to visit the project site and
determine what materials require sampling. CONSULTANT is to take bulk samples of all
materials that are suspected to be hazardous including all unmarked containers containing
unknown substances. Samples are analyzed for PCBs according to EPA Method 8082 by an
accredited laboratory using proper chain-of custody procedures to collect and transport samples.
ii. The following items require sampling:
Polychlorinated Biphenyl (PCB) Ballasts including capacitors
Mercury thermostats and light switches and fluorescent light tubes
Cooling units, Freon heating, refrigerators, air conditioners and drinking water fountains
Hydrocarbon-containing equipment (door closers)
Lead (lead-acid batteries)
Other suspect items including but not limited to paint, coatings, window film, ceramic tile,
ceiling tile, resilient flooring tile, adhesives/mastics, and any other potentially hazardous or
suspect materials or items.
d. Evaluation of Soil Conditions
i. Assessing site structures for the potential presence of hazardous materials will occur
concurrently with evaluating soils for the same. This requirement may be due to the Site's
history and the analytes that may occur in the soils of such properties. The analytes include lead
leached from LBP, organochlorine pesticides (OCP) used for termite control, PCBs from pole-
mounted transformers, pesticides, fertilizers, heavy metals, hydrocarbons, and all other
hazardous materials identified by DTSC as a potential threat to the health and well being of
students.
ii. To assess the potential presence of these analytes at the Site and to characterize them, if present,
the CONSULTANT may be required to prepare a workplan. The proposed work for evaluation
of the presence of residual lead in soil from LBP or other lead affected materials shall be
conducted in a manner consistent with the California Environmental Protection Agency (Cal
EPA) aid Department of Toxic Substances Control (DTSC) regulations.
iii. Soils samples may be collected within the buildings' drip lines and exterior areas with known, or
the potential for, LBP. CONSULTANT shall collect samples from ground surface to
approximately 0.5 feet below ground surface (bgs). Based on analytical results, additional soil
samples may be collected from other lateral "step-out" positions to define the extent of soils with
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ND#4819-2103-6308 Exhibit F page 3 Consultant Services Agreement

lead exceeding current allowable regulatory limits. The exact number of samples collected at
each building will be determined by accessibility.
iv. After sample collection, the CONSULTANT will close each borehole and decontaminate
drilling and sampling equipment. To close the borehole, the CONSULTANT shall backfill it
with unused sample material and/or hydrated bentonite chips to grade and finish the borehole
with material that is compatible with the surrounding surface.

2. Construction Phase:
a. During the course of construction, monitor abatement work to ensure compliance with the contract
requirements and completion of the work by the abatement contractor. During construction,
perform the following tasks:
i. Attend all necessary construction meetings during the course of abatement work
ii. Review abatement contractor submittals
iii. Provide on-site inspections with daily reports and photos of abatement work Maintain on-site
records and perform monitoring during all abatement work. Perimeter monitoring for fugitive
lead and asbestos at or near the entrances and or openings to the containment zone are an
essential part of assuring that the containment is operating properly. This perimeter monitoring
shall be performed by the CONSULTANT.
iv. Monitor abatement contractor's compliance with the plans, specifications and any regulations
including but not limited to certification of abatement workers, ensuring proper containments,
and confirmation of the removal of all asbestos, lead and hazardous materials.
v. Assist the District with problem resolutions associated with abatement work and keep District
informed of abatement contractor's performance.
vi. Surveys of existing buildings and sample collection, and utilization and compliance with
OSHA, AHERA and ASHARA and EPA approved methods.
vii. Complete written reports on all activities performed.
viii. Consultation on remedial action and contractor selection.
ix. Develop, implement and monitor a network of real-time ambient air monitoring stations to
screen for potential particulate matter released from construction activities on the Project Site.
x. Collect and analyze a subset of daily air monitoring samples for contaminants of potential
concern via Transmission electron Microscopy (TEM), Scanning Electron Microscopy (SEM),
or other appropriate methodology.
xi. An on-site technical staff position may be required to interpret, consult and advise on air
monitoring results.
xii. Upon completion of the contracted abatement, the CONSULTANT shall inspect the entire
surface from which asbestos-containing materials have been abated as well as the entire
containment setup, plastic, and/or polyethylene used in the containment setup, the
decontamination setup and any other item, equipment or material within the isolated/regulated
area.
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Project #13-136

ND#4819-2103-6308 Exhibit F page 4 Consultant Services Agreement

xiii. The CONSULTANT shall verify that all surfaces are free of visible debris before approving the
area.
3. Close-out Phase:
a. Verify the Uniform Hazardous Waste Manifest, when required, has been submitted and reviewed
by Office of Environmental Health and Safety (OEHS) for completeness a minimum of 48-hours
prior to the date the waste is to be removed from the site. Consultant shall provide waste specific
information for inclusion on the manifest. No hazardous waste may be transported away from a
District site without a manifest. Submit all original paper work required to be maintained by the
contract documents, this agreement, and by law to the District.
b. Upon completion of the abatement work, prepare a Closeout Abatement Report that documents all
the activities performed, including copies of all sampling forms with results, daily reports,
progress photos, correspondence and any regulatory compliance forms.

4. Reports
As part of the Services, Consultant will prepare and deliver the following tangible work products to
District:
a. Assessment Reports, Abatement Plan, & Final Close-Out Report
i. Prepare an Assessment Report for each project and in the case of projects involving site
acquisition, subsections by each property parcel including a description of the site conditions,
details of the site inspection/investigations, site drawings indicated sampling locations, site
photographs and laboratory results with a summary of all identified asbestos, lead or hazardous
materials and soil conditions.
ii. Prepare recommendations and an abatement plan with an estimate of costs for abatement of the
materials that will impact the project/parcels. The abatement plan shall include an Abatement
Scope of Work and Abatement Technical Specifications to be included in the Project Bid
Documents. The specifications will stipulate industry standard methods for abatement
activities; ACBM, LBP, aid HMA abatement methods; removal and disposal methods,
regulations, and standards to be followed. Drawings will be included to depict the location and
design of containment systems, access to abatement areas, routes for waste removal, locations
of waste containers, and other details important to abatement activities. Under otherwise
desired by DISTRICT, the specifications will allow for one 8-hour work shift per day of
abatement. The Rid Documents will require that bids include a schedule consistent with the
DISTRICT'S needs; a work plan based on specifications; a list of recently completed projects;
records of any EPA or OSHA citations; and documentation of insurance, licensing, training,
medical surveillance and respirator fit-testing.
iii. Preparation of a final report describing and quantifying identified friable and non-friable ACMs
associated with the property.
iv. Upon completion of the abatement work, prepare a Closeout Abatement Report that documents
all the activities performed, including copies of all sampling forms with results, daily reports,
progress photos, correspondence and any regulatory compliance forms.

5. Time
Phase 1 initial survey & sampling report shall be provided to the District within 30 days of receipt of
Notice to Proceed (NTP). Phase 2 work detailing all required remediation, abatement, and containment
activities to be performed shall be provided within 45 days of receipt of NTP. Phase 3 monitoring &
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Project #13-136

ND#4819-2103-6308 Exhibit F page 5 Consultant Services Agreement

observation reports shall be provided on a weekly basis while work in underway to summarize activities
completed that week, and look ahead for upcoming activities over next two weeks. Final Close-out
Abatement Report shall be provided within 30 days of completion of all remediation, abatement, and
containment activities.

6. Accuracy Standards
Precision of the all required reports and recommendations shall be in accordance with the professional
standard of care to be expected of professional hazardous materials consultants licensed to practice in the
State of California.

Not Project Related
Project #13-136

ND#4819-2103-6308 Exhibit G page 1 Consultant Services Agreement

EXHIBIT G
TO AGREEMENT FOR CONSULTANT SERVICES #13-136

INVOICE APPROVAL LETTER & BILLING COVER SHEET

DATE:
Project No.___: [INSERT PROJECT NAME]
Consultant: ENCORP

ENCORP has submitted Invoice No. _________ for review by the Districts Program Manager, Caldwell
Flores Winters, Inc. (CFW), and Assistant Superintendent of Business Services, Lisa Cline.

By signing below, a representative of ENCORP, hereby certifies that the invoice submitted is a true and
accurate reflection of the work performed to date, is an accurate representation of the percent work
completed for the phase identified in the invoice, and that the invoice submitted does not include any
charges for services that have been previously paid, or rejected by the District and/or CFW.



ENCORP Date


The invoice has been reviewed by the following and is recommended for payment:



Caldwell Flores Winters, Inc. Date




Oxnard School District Date
Lisa Cline, Assistant Superintendent,
Business and Fiscal Services

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Project #13-136

ND#4819-2103-6308 Exhibit G page 2 Consultant Services Agreement

















































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Project #13-136

ND#4819-2103-6308 Exhibit G page 3 Consultant Services Agreement


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held on October 17, 2013 with interested firms. Three firms responded with a proposal
as indicated below:

1. Swinerton Builders (responded)
2. Bernards (responded)
3. Seward L. Schreder Construction, Inc. (responded)
4. Vanir Construction Management, Inc. (withdrew)
5. CW Driver (declined)
6. Bruns Belmont Construction, Inc. (declined)

Interviews were held with all three participating firms on October 30, 2013. The
Selection Package for Lease Leaseback Pre-Construction Services required interested
firms to address the following questions in their submittal:

1. Detailed description of the firms understanding of the proposed Harrington re-use
project, as well as the planned approach to building and managing the project on the
existing school site.
2. Detailed summary of the firms review of architects proposed re-use project, including
DSA approved plans. Project review summaries should include, but not be limited to:
a. Feasibility review to verify project can be built within approved budget.
b. Constructability review including 3 to 5 potential issues to be resolved.
c. Value engineering review including 3 to 5 high potential value engineering
opportunities.
d. Preliminary construction schedule.
e. Site logistics and construction sequencing plan.
f. Detailed review of existing site conditions, utility infrastructure, etc.
g. Narrative of potential construction issues or other challenges that may arise
during the re-use of the proposed design, and proposed solutions to ensure that
said challenges do not create unnecessary delays or added cost to the project.
3. Discussion of the complexities of re-use site adaption and how the firm intends to
integrate lessons learned from the original construction to enhance the quality of the
proposed design.
4. Description of the firms strategies for minimizing impact on the existing school facilities,
and neighboring communities throughout construction. How will the firm address the
challenges inherent to building on an occupied site?
5. Discussion as to how the firm will take advantage of the proposed re-use strategy to
meet or accelerate the proposed timelines of the proposed project. What are the pre-
construction milestones that the firm will help to obtain in order to ensure we enter the
construction phase on time, with accurate cost information, and schedules?
6. Detailed description of the firms practices for managing project schedules, budgets,
subcontracts, change orders, project documents, etc. Provide a description of the firms
project control systems. Sample project specific progress reports are encouraged for
inclusion in the firms response to this question.
7. Brief summary of similar projects completed by the firm within the last five years that
closely match the proposed Project 4 program as referenced in the project description.
8. Discussion of the firms experience with the Districts preferred lease leaseback delivery
method, including proposed strategies to optimize the project delivery method.
9. Discussion of the role of assigned personnel, the benefits they bring to the project, and
their assigned level of participation on the project. Please be specific.
10. Provide a detailed breakout of the factors or elements that comprise the calculation of
the "Guaranteed Maximum Price" (GMP) including specific mark-ups or estimates of the
firm's fees, overhead, and general conditions, and potential types of allowances and
contingencies as part of the GMP amount. Identify the trades that the firm will propose
bidding and those that the firm proposes to self perform, if any.
11. Describe the firms approach to the pre-construction fee and how it would be broken
down based on the deliverable identified in the agreement.

After carefully considering the proposals and the interviews, the District Selection
Committee independently evaluated both the proposals and the interviews using a
consistent and objective set of criteria. The Committees rankings were consistent and
unanimously recommend the appointment of Seward L. Schreder Construction, Inc.
(SLS) for pre-construction services for Project No. 5.

SLSs highly qualified staff has over 80 years of experience in the construction industry,
with the majority of that experience in school construction. They have an outstanding
combination of planning and practical experience with K-12 facilities, and offer clients
with an alternative to the traditional Design-Bid-Build construction process. SLS has
successfully completed many projects using the Lease/Leaseback delivery method.

The Project will be completed with minimal disruptions to the existing school operations.
The existing facilities will be demolished once the facilities are no longer required by the
District, and relocation efforts have been confirmed complete. There will be minimal
phasing that will occur to fully complete the project.

FISCAL IMPACT:
The contract provides for the provision of Preconstruction Services related to Project
No. 5: Elm Reconstruction, for the Basic Services Fee of:

Eighty-Nine Thousand Five Hundred Dollars No Cents ($89,500.00)

In addition to the Basic Services Fee, an additional reimbursable allowance is included
for approved expenses not to exceed Five Thousand Dollars No Cents ($5,000.00).

The agreement will be funded using Measure R funds.

RECOMMENDATION:
It is the recommendation of the Assistant Superintendent, Business and Fiscal Services
and the Executive Director, Facilities Planning, Engineering, and Operations, in
consultation with the District Selection Committee and CFW, that the Board of Trustees
appoint Seward L. Schreder Construction, Inc. to provide Lease Leaseback Pre-
Construction Services for Project No. 5 of Measure R and Oxnard Facilities Program
and that the Board of Trustees approve the attached Preconstruction Services Contract
with Seward L. Schreder Construction, Inc. for Project No. 5.

ADDITIONAL MATERIAL(S):
Seward L. Schreder Construction, Inc. Preconstruction Services Agreement #13-155


GOALS:
GOAL FIVE:
Adopt and Implement a Comprehensive Facilities Program that Improves Student
Performance, Maximizes State Funding Opportunities and Reduces Overcrowding at
Existing School Sites






AGREEMENT #13-155 FOR CONSTRUCTION
MANAGEMENT PRECONSTRUCTION SERVICES

BETWEEN

SEWARD L. SCHREDER CONSTRUCTION, INC.

AND

OXNARD SCHOOL DISTRICT

NOVEMBER 13, 2013


FOR

PROJECT NO. 5: ELM ELEMENTARY RECONSTRUCTION




















Page ii of 47

TABLE OF CONTENTS
PREAMBLE ................................................................................................................................................ 1
RECITALS ................................................................................................................................................... 1
AGREEMENT ............................................................................................................................................. 1
SECTION 1 .................................................................................................................................................. 1
GENERAL PROVISIONS ......................................................................................................................... 1
SECTION 2 .................................................................................................................................................. 6
EMPLOYMENT OF CONSTRUCTION MANAGER ........................................................................... 6
SECTION 3 .................................................................................................................................................. 6
THE PROJECT ........................................................................................................................................... 6
SECTION 4 .................................................................................................................................................. 7
SERVICES ................................................................................................................................................... 7
SECTION 5 ................................................................................................................................................ 11
CONSTRUCTION MANAGERS COMPENSATION & PAYMENT SCHEDULE......................... 11
SECTION 6 ................................................................................................................................................ 13
DEFAULT; REMEDIES; SUSPENSION AND TERMINATION ....................................................... 13
SECTION 7 ................................................................................................................................................ 16
DUTIES AND LIABILITIES OF DISTRICT ........................................................................................ 16
SECTION 8 ................................................................................................................................................ 17
PROJECT CONSTRUCTION COST ESTIMATES ............................................................................. 17
SECTION 9 ................................................................................................................................................ 17
PROJECT SCHEDULE ........................................................................................................................... 17
SECTION 10 .............................................................................................................................................. 18
DOCUMENTS OWNERSHIP, LICENSE, COPYRIGHT AND USE ................................................. 18
SECTION 11 .............................................................................................................................................. 19
INDEMNIFICATION AND INSURANCE ............................................................................................. 19
SECTION 12 .............................................................................................................................................. 22
DISPUTE RESOLUTION ........................................................................................................................ 22
SECTION 13 .............................................................................................................................................. 24
NOTICES ................................................................................................................................................... 24
SECTION 14 .............................................................................................................................................. 24
REPRESENTATIONS OF CONSTRUCTION MANAGER ................................................................ 24
SECTION 15 .............................................................................................................................................. 26
MISCELLANEOUS PROVISIONS ........................................................................................................ 26


Page 1 of 46

AGREEMENT FOR CONSTRUCTION MANAGEMENT PRE-CONSTRUCTION SERVICES


PREAMBLE
This Agreement for Construction Management Pre-Construction Services (Agreement) is entered
into on this 13
th
day of November, 2013 by and between Seward L. Schreder Construction, Inc.
(Construction Manager), with a business address at 1855 Buenaventura Blvd., Redding, CA 96001 and the
Oxnard School District, a California public school district (District), with offices located at 1051 South A
Street, Oxnard CA 93030. District and Construction Manager are sometimes individually referred to herein
as Party and collectively as Parties.

RECITALS
WHEREAS, the District proposes to undertake the construction and installation of certain
improvements, as further defined and described below (the Project) and, in connection with the Project,
requires the services of a duly qualified construction manager.
WHEREAS, Construction Manager represents that its employees are licensed to perform the
services required under this Agreement in the State of California, as appropriate, and that Construction
Manager is qualified to perform the services required under this Agreement.
WHEREAS, the Parties intend that Construction Manager provide professional services pursuant to
this Agreement, under the management and oversight of the Districts Representative, in such manner as to
enable the Project to be designed and constructed with the standard of care described herein without
burdening the Districts staff.

AGREEMENT
NOW, THEREFORE, in consideration of the promises and covenants herein and other valuable
consideration, receipt of which is acknowledged, the Parties agree as follows:

SECTION 1
GENERAL PROVISIONS
1.1 DEFINITIONS. When used in this Agreement or in the Exhibits, the following terms shall have
the meanings set forth below:
1.1.1 Addendum shall mean written or graphic information (including without limitation drawings
and specifications), prepared and issued prior to the receipt of Bids, which modifies or interprets the
Bid Set by additions, deletions, clarifications, or corrections.
1.1.2 Additional Services shall mean those services in addition to the Basic Services that are provided
by Construction Manager pursuant to a written request by the District.
1.1.3 Agreement shall mean this document and all its identified exhibits, attachments and
amendments.
1.1.4 Architect shall mean the Architect of Record for the design of the Project, or any successor
architect of record approved and appointed by the District for the design of the Project.

Page 2 of 46

1.1.5 Architect Consultant shall mean a person properly qualified and licensed in an aspect of design
and construction employed at Architects sole expense, pursuant to prior approval from the District,
to provide services for the Project.
1.1.6 Architects Supplemental Instruction or ASI shall mean a set of drawings which better
explains the Architects intent with respect to the design of a building or structure
1.1.7 As-Built Documents shall mean the collection of documents assembled and prepared by the
Contractor (including, without limitations the As-Built Drawings and specifications, shop drawings,
approved changes, RFIs, manuals, etc.) showing the condition of the Project as actually built and
accepted.
1.1.8 As-Built Drawings shall mean the final set of drawings prepared by the Architect that
incorporates all changes from all drawings, sketches, details, and clarifications recording all changes
from the Bid Set.
1.1.9 Basic Fee shall mean the compensation provided to Construction Manager for providing Basic
Services.
1.1.10 Basic Services are described in Section 4 of this Agreement.
1.1.11 Bid shall mean the written proposal submitted to the District by a contractor in accordance with
the Bid Set for the construction of the Project.
1.1.12 Bid Set shall mean the DSA Record Set, the construction contract, general conditions and any
other documents included in the bid packages, including but not limited to any addenda, all in a form
that District approves and uses to bid the construction of the Project.
1.1.13 Bidder shall mean the person or entity submitting a Bid.
1.1.14 BIM or Building Information Modeling shall mean the process of generating and managing
building data during its life cycle. Typically it uses three-dimensional, real-time, dynamic modeling
software to increase productivity in building design and construction. The process encompasses
building geometry, spatial relationships, geographic information, and quality and properties of
building components.
1.1.15 Board shall mean the Board of Trustees of the Oxnard School District.
1.1.16 CDE shall mean the California Department of Education.
1.1.17 Change Order or CO shall mean a written document between the District and the Contractor
that is signed by the District and the Contractor authorizing a change in the work or and adjustment
in the contract, or the contract time.
1.1.18 Change Order Request or COR shall mean a proposed change(s) in contract amount,
requirements or time (outside the scope of the construction contract and/or provisions of its changes
clause) which becomes a Change Order when approved by the District and the Contractor.
1.1.19 CHPS shall mean Collaborative for High Performance Schools.

Page 3 of 46

1.1.20 Construction Budget shall mean the amount of money that the District has allocated for the total
Construction Cost for the Project, as may be amended by the District in its sole discretion.
1.1.21 Construction Cost shall mean, as of acceptance of the Project, the cost of all labor, materials,
and fixtures (but not trade fixtures) supplied by the Contractor and subcontractors to construct the
Project, including mobilization, demobilization, materials, construction management fees, general
conditions fees and expenses, fees paid to a Lease-Leaseback Contractor, and other costs typically
included in this calculation and excluding (i) all fees and costs paid to the Architect and any
Architect Consultant; (ii) all costs and expenses of services, reports, information, equipment and
materials furnished by the District; (iii) all costs and fees related to off-site improvements; (iv) all
costs incurred to remedy any design or construction defects or errors; and (v) any other Project-
related costs and fees typically excluded.
1.1.22 Construction Documents shall mean those documents which are required for the actual
construction of the Project, including but not limited to the agreement between the District and the
Contractor; complete working drawings and specifications setting forth in detail the work to be done
and the materials, workmanship, finishes and equipment required for architectural, structural,
mechanical, electrical systems and utility service-connected equipment and site work.
1.1.23 Construction Manager shall mean and refers to the construction management firm listed in the
first paragraph of this Agreement.
1.1.24 Construction Phase(s) shall mean individual construction contract packages that are bid and/or
contracted for separately.
1.1.25 Constructability Review shall mean the review of the design documents to ascertain whether the
design of the Project as depicted in the Construction Documents, and the documents themselves: (i)
accurately and completely reflects the Districts objectives as explained to the Architect and
Construction Manager by the District; and (ii) are free of errors, omissions, conflicts or other
deficiencies so that the Contractor can construct the Project as therein depicted within the Project
Budget and without delays, disruptions, or additional costs.
1.1.26 Contractor shall mean the general contractor or any other contractor selected to perform work or
services on the Project or any replacement.
1.1.27 District shall mean the Oxnard School District.
1.1.28 District Design Standards shall be the implementation of standard equipment and/or products as
determined by the District, into the overall Project design.
1.1.29 Districts Representative shall mean the Districts Superintendent and/or, Assistant
Superintendent of Facilities and Operations and/or Director of Planning and Construction, and/or the
Program Manager, or any authorized designee of those officers.
1.1.30 DSA shall mean the Division of the State Architect of the State of California.
1.1.31 DSA Record Set shall mean such documents, plans, drawings and specifications submitted to
DSA as part of the design phase and stamped and approved by DSA for the Project.
1.1.32 Educational Specifications shall mean the interrelated statements that communicate what
educators believe is required to support a specific educational program.

Page 4 of 46

1.1.33 Funding Consultant shall mean any consultant designated by the District that assists
the District in submitting applications for funding from programs administered by the State
of California.
1.1.34 Guaranteed Maximum Price or GMP shall mean the cost for construction and installation of
a project and shall include both the Estimated GMP and the Final GMP.
1.1.35 Inspector of Record or IOR shall mean a certified Inspector approved by DSA to inspect
work pursuant to the Field Act (California Education Code 17280 et seq.) and applicable provisions
of the California Code of Regulations. The IOR also serves as the representative of the District to
conduct field inspections of the Project during construction.
1.1.36 Lease-Leaseback shall mean a project delivery method under which the District leases real
property it owns to a lease-leaseback entity and the lease-leaseback entity causes the construction of
a facility the District desires on said real property and subleases the facility back to the District, with
title to the facility vesting in the District at the end of the term of the sublease, as set forth in
California Education Code 17406.
1.1.37 LEED shall mean Leadership in Energy and Environmental Design as administered by the U.S.
Green Building Council.
1.1.38 Modernization/New Construction shall mean the comprehensive replacement or restoration of
virtually all major systems, interior work (such as ceilings, partitions, doors, floor finishes, etc.) and
building elements and features.
1.1.39 MOU shall mean a memorandum of understanding.
1.1.40 Notice of Completion or NOC shall mean the legal notice filed with the County Recorder
after completion of the Project.
1.1.41 OPSC shall mean the Office of Public School Construction of the State of California.
1.1.42 Phase when used without the word Construction shall mean the various phases of architectural
work described in the agreement with the Architect.
1.1.43 Potential Change Order or PCO shall mean a written document before it has been approved
and effected by the Contractor and the District.
1.1.44 Principal(s) shall mean individual(s) who are participating owners of Construction Manager and
are authorized to act on behalf of the firm.
1.1.45 Project shall mean the project described hereinafter in Section 3.
1.1.46 Project Budget shall mean the sum total of all monies allocated by the District to defray costs of
the work and services related to the Project including, but not limited to, professional services, all
construction services (such as site work, prime contracts, consultants, materials), contingencies and
applicable general conditions for each construction phase.
1.1.47 Project Director shall mean, with reference to Construction Manager, a licensed, experienced
and well trained professional employed by Construction Manager and fully authorized to represent
Construction Manager in all matters related to the Project including, but not limited to, executing

Page 5 of 46

change orders during construction, and to bind Construction Manager to any commitments made on
Construction Managers behalf in connection herewith.
1.1.48 Program Implementation Handbook shall mean the Program Implementation Handbook, First
Edition dated December 2012 (a copy of which has been provided to the Construction Manager), and
any revisions thereto which are approved by the District, which contains information related to
project deliverables, project management procedures, and other requirements that are inherent to the
performance of this Agreement.
1.1.49 Program Manager shall mean the District approved program management firm, Caldwell Flores
Winters, Inc., and any successor thereto appointed by the District.
1.1.50 Project Manager shall mean the person assigned by the District to supervise the Project. The
District will identify the Project Manager(s) for each Project.
1.1.51 Project Schedule shall mean the entire series of events necessary to design and construct the
Project and encompasses work and services of the Architect, Architect Consultant(s), the Contractor
and other consultants.
1.1.52 Primavera Contract Management System or CMS shall mean the program/project
management software required by the District to maintain, route and issue all design phase
documents, construction documents, and close out documents.
1.1.53 Request for Information or RFI shall mean a written request from the Contractor to the
District or the Architect for clarification or information about the Construction Documents following
contract award.
1.1.54 Re-Use of Plans or Re-Use shall mean the process by which the Architect develops a design
for the Project which meets the Districts Design Standards, Educational Specifications, Project
Budget, and Project Schedule requirements, and is based upon a record set of plans, drawings, and
specification approved by DSA for past projects constructed in other locations, and including all Site
Adaption requirements.
1.1.55 SAB shall mean the State Allocation Board of the State of California.
1.1.56 Services shall mean all labor, materials, supervision, services, tasks, and work that Construction
Manager is required to perform hereunder, including Basic Services and work reasonably inferred
from this Agreement, as further described and clarified in Article 4 of this Agreement, including any
Additional Services required of Construction Manager hereunder.
1.1.57 Site Adaption shall mean all necessary revisions to a record set of plans, drawings and
specifications approved by DSA for a past project utilized in the Re-Use of Plans to ensure that site
specific conditions and District requirements are incorporated into the final design, and DSA Pre-
Check (PC) Approval, if applicable, is maintained.
1.1.58 SWPPP shall mean Storm Water Prevention and Pollution Plan.
1.1.59 Time Impact Analysis or TIA shall mean a simplified analysis procedure typically
specified on construction projects to facilitate the award of excusable days to project
completion due to delays caused by either the District or the Contractor.

Page 6 of 46

1.2 INCORPORATION OF RECITALS, EXHIBITS AND REFERENCED
DOCUMENTS. The Recitals above and all Exhibits attached to this Agreement, now or hereafter by
agreement of the Parties, are incorporated herein by reference and made a part of this Agreement.

SECTION 2
EMPLOYMENT OF CONSTRUCTION MANAGER
2.1 EMPLOYMENT OF CONSTRUCTION MANAGER. The District hereby retains
Construction Manager to perform, for consideration and upon the terms and conditions set forth
herein, all Services required to complete the Project, as may be hereafter amended in an expeditious,
safe and satisfactory manner. Construction Manager hereby accepts such retention and commits to
perform all the Services required to complete the Project in a professional and conscientious manner
in accordance and consistent with highest industry standards and the standard of care generally
employed by professionals licensed and qualified to perform similar services within the State of
California. The Services shall be performed in a safe, expeditious and satisfactory manner, with
allowance for periods of time required for (i) the District's review and approval of submissions to the
District by Construction Manger; (ii) review and approval of submissions to those authorities having
jurisdiction over the Project; and (iii) Construction Managers review of submissions to Construction
Manger from the District, the Architect, or authorities having jurisdiction over the Project.
2.2 PROJECT DIRECTOR AND OTHER EMPLOYEES. Construction Manger shall appoint
and designate one employee to serve as the Project Director for the Project. The Project Director
shall maintain personal oversight of the Project and the Services and shall be the primary contact on
Construction Managers behalf for all matters related to the Project for which he or she is designated
as Project Director. The Project Director shall be vested with full authority to represent and act on
behalf of Construction Manager for all purposes under this Agreement.
2.3 CONSTRUCTION MANAGER COVENANT AGAINST CONTINGENT FEES.
Construction Manager warrants and represents that it has not employed or retained any company or
person, other than a bona fide employee working solely for Construction Manager, 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 Construction Manager, 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 Basic Fee or otherwise
recover, the full amount of such fee, commission, percentage fee, gift, or contingency.

SECTION 3
THE PROJECT
The Project consists of such works of new construction, modernization and/or improvement that
require Services to be provided by Construction Manager described more fully on Exhibit A.


Page 7 of 46

SECTION 4
SERVICES
4.1 IN GENERAL.
4.1.1 Employment of Personnel. Construction Manager shall employ, at its own cost and expense, any
and all personnel needed to perform the Services and the Additional Services. Construction Manager
must identify all personnel that will perform work at any District site and must obtain fingerprinting
clearance from the District, as described in Section 14.2.3 below. Construction Manager agrees to
reallocate any personnel whose work is unsatisfactory to the District. Construction Manager shall at
all times be solely responsible for the compensation, benefits, tax deductions, insurance or other
requirements of any laws applicable to its personnel.
4.1.2 Cooperation with District and Other Consultants. Construction Manager shall confer and
cooperate with District, DSA, The Program Manager, the Project Manager, the Architect and other
District consultants, if any, in all matters and activities as related to this Agreement and the Project.
4.1.3 Project Communication. In all cases, Construction Manager shall direct Project communication to
the Districts Program Manager, including any correspondence to the District, the Districts
consultants, District staff, the Architect, Contractors (excluding those contracted by Construction
Manager directly to complete the Project), and/or any members of the public related to the Project.
4.1.4 Primavera Contract Management System or CMS. The Project will be managed through the
Primavera Contract Management System project management software from design through
closeout. Construction Manager will utilize the Primavera Contract Management System software as
required by the District. Construction Manager understands and agrees that Construction Manager
shall be responsible for the cost of all fees and licenses to utilize and participate in the Primavera
Contract Management System. Construction Manager further understands and agrees that the
District may, at its sole option, advance the cost for such fees and licenses on behalf of Construction
Manager. In the event that the District advances the cost of such fees and licenses on behalf of
Construction Manager, Construction Manager understands and agrees that the District shall be
entitled to a credit in the amount of such costs to be charged against Construction Managers
compensation for reimbursable expenses pursuant to Section 5.4 and such costs will be charged
against Construction Managers maximum allowable reimbursable expenses.
4.1.5 Primavera P6 Project Planner. All project scheduling activities shall be managed using the
Primavera P6 Project Planner platform.
4.1.6 Inspection and Final Acceptance. District acceptance of any work, Services, or Additional
Services, whether specifically in writing or by virtue of payment, shall not constitute a waiver of any
of the provisions of the Agreement, including but not limited to, indemnification and insurance
provisions.
4.2 BASIC SERVICES.
PRECONSTRUCTION PHASE

4.2.1 Construction Manager shall communicate and coordinate with the District and the Architect to
ascertain the requirements of the Project and shall arrive at a mutual understanding of such
requirements with the District.


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4.2.2 Construction Manager shall follow the processes and procedures as indicated in the Program
Implementation Handbook, including all required Project and Program deliverables. In cases where
this Agreement, and the Handbook are not in strict agreement, the more stringent of the two
requirements shall apply.

4.2.3 Construction Manager shall provide a preliminary evaluation of the Project Schedule, the
Construction Budget, and the Construction Cost, each in terms of the other.

4.2.4 The Architect's agreement with the District may include numerous Phases of services described in
such agreement. During the Architect's services, Construction Manager shall coordinate with the
Architect as necessary to deliver the Services and support the schematic design, design development,
construction documents, DSA submittal development and approval, and bid preparation,
administration, review of bids, and development of proposed Guaranteed Maximum Price (GMP).

4.2.5 Construction Manager shall:
(1) Perform an ongoing review of the Architects programming plan including the size of space,
proposed finishes, ceiling heights, building height, exterior finishes, circulation spaces, any
necessary ancillary spaces, and any anticipated site work;

(i) Construction Manager shall submit to the Program Manager, at each document review
Phase, an analysis of the Architects program in comparison to the Districts approved
Educational Specifications, including quantified cost and time impacts associated with each
variance.
(2) Perform an ongoing analyses and review of the Construction Documents during their
development and advise and make recommendations on proposed site use and improvements, facility
improvements, selection of materials, building systems and equipment, constructability reviews,
value engineering and related quality assurance/quality control consulting, scheduling, and methods
of Project delivery.
(3) Construction Manager shall advise and provide recommendations on relative feasibility of
construction methods, availability of materials and labor, time requirements for procurement,
installation and construction, and factors related to construction cost and scheduling including, but
not limited to, costs of alternative designs or materials, preliminary budgets, and possible economies.
(4) Regularly revise and update a Project Scope of Work document in coordination with the
Architect to:
(i) Identify, quantify, and delineate the trade-specific scopes of work, how they are separate from each
other, and where coordination is required to deliver a complete system for all components of the
Project Scope of Work;
(ii) Identify potential scope gaps, or scope overlaps between trades and present such findings to the
Architect and the Program Manager in a timely manner for review and consideration;
(iii) Identify long lead procurement items and approval activities required for each trades scope of
work; and
(iv) Identify submittal requirements, agency approvals, permit requirements, licensing requirements,
and any other necessary items that are required for timely completion of each trades scope of work.

Page 9 of 46

(5) Coordinate actively with the Architect to provide trade coordination input into the design process
to ensure that all Construction Documents are fully coordinated to the extent reasonable given the
information available at the time of submittal.
(6) Perform ongoing and accurate Construction Cost estimating to confirm that cost to complete the
Project does not exceed the Project Budget or the Construction Budget, including regular
reconciliation reports between Architects and Construction Managers cost estimates, including
square foot pricing at schematics, detailed line item quantities and costs at conceptual design, and
regular cost estimate updates at design development, construction documents, DSA submittal, bid set
and further Phases as needed.
(7) Prepare an ongoing and accurate, and periodically update, Project Schedule for the Architects
review and the Districts acceptance showing major construction milestones including but not
limited to: start of construction, mobilization, demolition, abatement, sitework, foundations,
structure, mechanical/electrical/plumbing/fire sprinkler (MEPF) systems, building envelope, exterior
finishes, interior finishes, landscaping/hardscaping, and Project completion. The Project Schedule
must include the following information: detailed work activities properly sequenced for trade
coordination planning as needed to ensure that the Project can be completed within the allotted
construction schedule, long lead items are identified, curing times are identified, procurement
schedule requirements are defined, submittal schedule requirements are defined, and other timeline
and schedule planning as necessary to ensure that the Project can be constructed within the allotted
timeframe. Construction Manager shall obtain the Architect's approval for the portion of the
preliminary Project Schedule relating to the performance of the Architect's services. In the Project
Schedule, Construction Manager shall coordinate and integrate Construction Manager's Services, the
Architect's services, the construction of the Project, the Districts responsibilities, inspection
requirements, document review periods, and all other activities required for Project completion,
highlighting critical and long-lead-time items.
(8) Develop a list of recommended contingencies, allowances, and estimated escalation.
(9) Develop proposed general conditions and all proposed markups including but not limited to:
temporary utilities, trailers, equipment and other on-site and off-site costs, fees, insurance, and
bonding.
(10) Develop site logistics and safety plan showing laydown areas, construction traffic flow,
construction personnel parking, school staff access, student safe routes, site safety measures,
emergency evacuation areas, and other issues affecting the school sites vehicular and pedestrian
circulation, as well as any and all effects on the educational program of the school sites.
(11) Develop a complete list of bid alternates, and proposed bid list of trade contractors as well as
criteria for trade contractors pre-qualification, with at least five (5) trade contractors per trade
required for major trades, and three (3) trade contractors per trade required for minor trades.
(12) Develop proposed GMP with full detail, bid results, and Construction Manager notes, including
bid alternates and associated pricing.

4.2.6 Further, Construction Manager shall provide ongoing advice to the District and the Architect in a
team effort to assure that the Project is delivered on time and on budget. To provide such ongoing
support and consulting, the Construction Manager shall:

Page 10 of 46

(1) Participate in weekly Project progress meetings with Architect and Program Manager to provide
ongoing updates of status of items set forth in 4.2.4 (1) through (12) above, and to discuss any and
all issues that arise that may affect the Project.
(2) Submit by 12:00 p.m. every Friday, a weekly progress report which includes, but is not to be
limited to, the following information:
(i) Status of all required deliverables in progress, and required within 4 weeks of date of report;
(ii) Design intent and scope questions;
(iii) Programming status;
(iv) Coordination reviews;
(v) Regulatory and agency review updates;
(vi) Progress on any required studies and deliverables;
(vii) Contract administration;
(viii) Budget and value engineering; and
(ix) Schedule status.
(3) Provide support to the Program Manager as requested and or required to provide accurate and
complete monthly updates to the Board and the Citizens Bond Oversight Committee, including but
not limited to (i) attending meetings with Program Manager; (ii) preparing reports and presentations
to demonstrate project progress; and (iii) coordinating with Architect and Consultants to ensure
complete and accurate information is provided at all times to the Board and Citizens Bond
Oversight Committee.

4.2.7 Following the District's approval of each Phase of the development of Construction Documents,
Construction Manager shall update and submit the latest estimate of the Construction Cost and the
Project Schedule, and all other Phase Deliverables as indicated in the Program Implementation
Handbook, First Edition dated December 2012 (a copy of which has been given to Construction
Manager), for the Architect's review and the District's approval.
4.2.8 Changes Required to Meet Construction Budget. If the lowest responsible bid, the
preconstruction estimate as validated by the District, or the GMP exceeds one hundred ten percent
(110%) of the Construction Budget, Construction Manager shall work with the Architect to revise
the scope and/or design of the Project at no additional expense to the District. The District shall
approve or disapprove, in its sole discretion, all proposed changes to the scope and/or design
intended to effect cost reduction and no such changes shall be effective until approved by the
District.
4.3 ADDITIONAL SERVICES
4.3.1 Construction Manager Additional Services. Additional Services for any Project will require
written request or pre-authorization in writing by the District following specific approval of such
services by the District Board of Trustees. It is understood and agreed that Construction Manager
shall not perform any Additional Services unless and until Construction Manager receives specific

Page 11 of 46

written approval for such Additional Services from the District Board of Trustees. If Additional
Services result in a modification of the Basic Fee, then Construction Manager shall be paid for such
additional services as part of the payment for the Basic Fee. All other Additional Services shall be
paid by the District as provided in Section 5.2, Compensation for Additional Services. It is
understood and agreed that if Construction Manager performs any services which it claims are
Additional Services without receiving prior written approval from the District Board of Trustees,
Construction Manager shall not be paid for such claimed Additional Services.

SECTION 5
CONSTRUCTION MANAGERS COMPENSATION & PAYMENT SCHEDULE
5.1 COMPENSATION FOR BASIC SERVICES
5.1.1 Compensation Description. Construction Manager shall perform the Basic Services in exchange
for compensation equal to the Basic Fee of:

[EIGHTY-NINE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS
($89,500.00) the Basic Fee]

Construction Manager shall submit for the Districts approval a proposed Schedule of Values
(SOV) within 14 days of receipt of the executed Agreement, indicating the Construction Managers
distribution of the Basic Fee among the various Services, for use in determining the billable amounts to be
invoiced by Construction Manager to the District. The Districts approval of the SOV shall not be
unreasonably withheld. Construction Manager shall allocate in the SOV a minimum of 5% of the Basic Fee
to the DSA approval of the Project, and 5% of the Basic Fee to the completion of the bid
documents/preparation of the proposed GMP.
5.2 COMPENSATION FOR ADDITIONAL SERVICES
5.2.1 Fees negotiated for Additional Services pursuant to 4.3.1 that result in a change in the scope of the
Project or Basic Services shall be processed as an amendment to the Basic Services and Basic Fee,
subject to the approval of Districts Board of Trustees.
5.2.2 All other fees for Additional Services may be negotiated on a fixed fee or time and materials basis.

5.3 DISPUTED AMOUNTS. In the event of any good faith dispute concerning a particular payment
or a portion of a payment under this Agreement, the District shall have the right to do either of the
following: (i) make such disputed payment to Construction Manager without prejudice to the
Districts right to contest the amount so paid; or (ii) withhold up to 150% of the disputed amounts. If
the District withholds amounts invoiced by Construction Manager, the District will notify
Construction Manager in writing of the reasons for the withholding. From and after the date such
notice is given, the District and Construction Manager shall use their good faith efforts to resolve the
dispute as quickly as practicable under the circumstances. If the District has given such notice,
Construction Manager shall not be entitled to terminate this Agreement or suspend Services
hereunder on account of such nonpayment, provided the District makes payment for all undisputed
sums. If the District chooses to withhold payments under clause (ii) of this Section and if it is
subsequently determined that the District owes an additional payment to Construction Manager, the
District shall pay such amount to Construction Manager. If the District chooses to proceed under
clause (i) of this Section and it is subsequently determined that the District overpaid Construction

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Manager, Construction Manager shall promptly refund to the District the amount of such
overpayment.
5.4 COMPENSATION FOR REIMBURSABLE EXPENSES
5.4.1 PRIOR APPROVAL. Reimbursable expenses and other approved charges are not included in the
Basic Fee; however, the reimbursable expenses and other approved charges shall not exceed [FIVE
THOUSAND DOLLARS NO CENTS ($5,000.00)] without the prior written approval by the
District. The following will not reimbursed under this Agreement:
5.4.1.1 Travel costs associated with delivery of Basic Services not explicitly approved under Section
5.4.2.
5.4.1.2 Consultant fees and expenses not explicitly approved under Section 5.4.2.
5.4.1.3 Any other cost or expense not explicitly approved under Section 5.4.2.
5.4.2 REIMBURSABLE EXPENSES. Claims for reimbursable expenses shall be documented by
appropriate invoices and supporting receipts. Construction Manager may be reimbursed for those
reasonable out-of pocket expenses set forth below that are incurred and paid for by Construction
Manager in furtherance of performance of its obligations under this Agreement, but only to the
extent that such expenses are directly related to Services satisfactorily completed, are approved by
the District in writing and in total do not exceed the amount set forth in Section 5.4.1. The following
is the EXCULSIVE list of reimbursable expenses:
5.4.2.1 Travel and Mileage. Construction Manager must request the travel in writing and justify
why the travel should be reimbursed. Travel expenses must be approved in writing by
District, in its sole discretion. Trips from any Construction Managers office to the Project
site(s) or to the Districts office will not be approved for reimbursement.
5.4.2.2 Fees for Consultants. Fees for consultants hired and paid by Construction Manager at the
written request of District that are not provided as Basic Services.
5.5 INVOICES
5.5.1 Invoices for Construction Managers Basic Services. Following completion of the Services
applicable to each phase set forth in the SOV, or agreement by the District to consider an interim
invoice, Construction Manager shall submit an invoice in form and substance satisfactory to the
District in an amount not to exceed the amount specified as the portion of the Basic Fee to be paid
for that phase set forth in the SOV for the Services identified in the invoice.
5.5.1.1 Each invoice must be accompanied by an Approval Letter from the District in the form of
Exhibit B, attached hereto.
5.5.1.2 Each invoice must be accompanied by an Invoice Cover Sheet indicating amounts billed to
date, and remaining to be paid in the form of Exhibit B, attached hereto.
5.5.1.3 The District shall pay Construction Manager for all undisputed amounts, which are approved
by the District pursuant to this Agreement, no later than sixty (60) calendar days from the
date of receipt by the District of an invoice from Construction Manager. If District
withholds any amount following a default, as provided in Section 6 of this Agreement,

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Construction Manager shall certify in each subsequent invoice that none of the amounts
invoiced represent any portion of the amounts identified for withholding. Withheld amounts
shall be paid as specified on the notice from the District informing Construction Manager
that the District elects to exercise its right to withhold payment following a Construction
Manager default, if any.
5.5.2 Invoices for Additional Services. Except for Additional Services that are incorporated into the
Basic Fee, payments for Additional Services shall be made monthly after approval by the Districts
Board of Trustees. Construction Managers invoice shall be clearly marked Request for Payment
for Additional Services. Each invoice shall be accompanied by receipts and adequate supporting
information. Payment on a properly submitted, fully supported and documented invoice will be due
within sixty (60) days of the date all required supporting information is received by the District.

5.5.3 Invoices for Reimbursable Expenses. Payments for Reimbursable Expenses, if any, shall be made
monthly, unless otherwise specified within the reimbursable expense authorization. Construction
Managers invoice shall be clearly marked Request for Payment of Reimbursable Expenses. Each
invoice shall be accompanied by receipts and adequate supporting information. Payment on a
properly submitted, fully supported and documented invoice will be due within sixty (60) days of the
date all required supporting information is received by the District, unless the District disputes in
good faith any portion of the amount claimed by Construction Manager to be due.

5.5.4 Final Invoice. Upon completion of all Services, Construction Manager shall prepare a final invoice
for the remaining amount due, including and separately identifying any amounts withheld by District
hereunder. This invoice shall be prominently noted FINAL INVOICE FOR PROJECT NO. 5:
ELM ELEMENTARY RECONSTRUCTION PROJECT. The District shall make payment
within sixty (60) days of the Districts approval of the final invoice.

5.5.5 Combined Invoices. Invoices for Basic Services, Additional Services and Reimbursable Expenses
may be combined on a single invoice provided that the invoice is itemized and follows the
instructions above.

SECTION 6
DEFAULT; REMEDIES; SUSPENSION AND TERMINATION
6.1 TERMINATION BY DISTRICT
6.1.1 For Cause. The District may terminate all or any portion of this Agreement or the Services for
cause in the event of a Construction Manager Default. With respect to any monetary Construction
Manager Default, the termination shall be effective if Construction Manager fails to cure such
default within fifteen (15) calendar days following issuance of written notice thereof by the District.
With respect to any non-monetary Construction Manager Default for which no time period for cure
is otherwise specified below, the termination shall be effective if Construction Manager fails to cure
such default within thirty (30) calendar days following issuance of written notice thereof by the
District, or if the cure by its nature takes longer, fails to commence such cure within thirty (30)
calendar days from the date of issuance of the notice and diligently prosecute such cure to the
satisfaction of the District. If the District does not terminate, the District will have the right to
withhold monies otherwise payable to Construction Manager until completion of all Services. If the
District incurs additional costs, expenses or other damages due to the failure of Construction
Manager to properly perform pursuant to this Agreement, those costs, expenses or other damages
shall be deducted from the amount payable to Construction Manager. If the amount payable to
Construction Manager exceeds the amounts withheld, the balance will be paid to Construction

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Manager upon completion of all Services. If the costs, expenses or other damages incurred by the
District exceed the amounts withheld, Construction Manager shall be liable to District for the
difference and Construction Manager shall promptly pay the District such difference. The provisions
of this Paragraph 6.1.1 are in addition to, and not a limitation upon, any other rights and remedies of
the District under law or in equity and shall survive the termination of this Agreement.
6.1.2 For Convenience. The District may terminate, abandon or suspend performance of this Agreement
for convenience and without cause at any time upon thirty (30) days written notice to Construction
Manager, in which case the District will pay Construction Manager as provided in Section 5 for all
Services and authorized Additional Services actually performed, and all authorized Reimbursable
Expenses actually incurred and paid, under and in accordance with this Agreement, up to and
including the date of termination; provided that such payments shall not exceed the percentage
amounts specified as compensation for the phases set forth in the SOV of the Services completed,
plus any Additional Services and Reimbursable Expenses completed prior to termination, unless the
District at its sole discretion determines that demobilization or other compensation is appropriate.
After a notice of termination is given, Construction Manager shall submit to the District a final claim
for payment, in the form and with certifications prescribed by the District. Such claim shall be
submitted promptly, but in no event later than sixty (60) calendar days after the Termination Date
specified on the notice of termination.
Such payment shall be Construction Managers sole and exclusive compensation and the District
shall have no liability to Construction Manager for any other compensation or damages, including
without limitation, anticipated profit, prospective losses, legal fees or costs associated with legal
representation or consequential damages, of any kind.
6.1.3 Temporary Suspension of Services. If the Services are suspended in whole or in part by the
District for less than one hundred twenty (120) consecutive calendar days, and notice to that effect
was provided to Construction Manager prior to the suspension of the Services, Construction
Manager shall complete any remaining Services in accordance with the terms herein as in existence
at the time of suspension and Construction Manager shall not be entitled to additional compensation.
If the Services are suspended, in whole or in part, by the District for one hundred twenty (120)
consecutive calendar days or more, the Project Schedule shall be adjusted and Construction
Managers compensation shall be equitably adjusted to provide for expenses incurred in the
resumption of the Services.
6.2 CONSTRUCTION MANAGER DEFAULT. The occurrence of one or more of the following
events shall constitute an Construction Manager Default under this Agreement:
6.2.1 Inability to pay Debts and Failure to Pay Consultants. At any time prior to the expiration or
termination of this Agreement, Construction Manager is unable to pay its debts in the ordinary
course of business as they come due, including but not limited to failure to pay, when due, invoices
from consultant(s) providing services in connection with this Agreement.
6.2.2 Assignment for the Benefit of Creditors. An assignment for the benefit of creditors is made by, or
any bankruptcy, reorganization (in connection with a debtor relief proceeding), receivership,
moratorium or other debtor relief proceedings are commenced by or against Construction Manager,
and the same is not discharged within ninety (90) days of commencement.
6.2.3 False or Misleading. Any representation or warranty made by Construction Manager in this
Agreement or in connection with any Services proves to be false or misleading in any material
respect.

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6.2.4 Defective Services; Errors or Omissions; Failure to Perform. Construction Manager (a) provides
defective services, including any deficiencies due to errors or omissions; or (b) fails to deliver
Services in a timely manner; or (c) causes any delays for any reason, including providing defective
Services; or (d) fails to perform any obligations under this Agreement (including, without limitation,
failure to supply sufficient skilled personnel or suitable materials or equipment or failure to adhere to
the Project Schedule).
6.2.5 Willful Violation. The District determines that (a) Construction Manager is willfully violating any
conditions or covenants of this Agreement or the Construction Documents; or (b) Construction
Manager is executing Services in bad faith or not in accordance with terms hereof.
6.2.6 Failure to Cooperate With DSA. Failure to comply with DSA requirements or to submit
documents at any pre-scheduled times in accordance with the MOU process will constitute an
automatic default.
6.2.7 Unapproved Assignment. Construction Manager attempts to assign this Agreement or any Services
hereunder without prior written approval from the District.
6.2.8 Disregard of District Authority or Direction. Construction Manager disregards the authority of
the District or fails or refuses to perform any reasonable act or service requested by the District
hereunder.
6.2.9 Violation of Applicable Law. Construction Manager violates any applicable law, statute or
governmental regulation in connection with any Services or this Agreement.
6.2.10 Failure To Maintain Errors and Omissions Insurance. Construction Manager fails to maintain
the insurance required pursuant to Section 11.2. herein.
6.3 DISTRICT REMEDIES
6.3.1 General Remedies. If a Construction Manager Default occurs under this Agreement, the District
may exercise any right or remedy it has under this Agreement, or otherwise available at law or
equity, and all of the Districts rights and remedies shall be cumulative.
6.3.2 Withholding Payment. If a Construction Manager Default occurs, the Districts obligation to
disburse further funds to Construction Manager pursuant to this Agreement may be terminated or
suspended by the District, in its sole discretion. In connection with any Construction Manager
Default, the District may withhold all or a portion of any payments then or thereafter due to
Construction Manager until Construction Manager cures any and all defaults to the satisfaction of the
District.
6.3.3 Stop Work. Upon the occurrence of a Construction Manager Default, the District may, at its sole
and absolute discretion, order Construction Manager in writing to stop work on the Services, or any
portion thereof, until the Construction Manager Default has been cured. Construction Manager shall
make best efforts to avoid delays and shall be solely responsible for any additional costs to the
Project in connection with such stop work order.
6.3.4 Self Help. Upon the occurrence of a Construction Manager Default, the District may, at its sole and
absolute discretion, without prejudice to other remedies, correct any deficiencies resulting from the
Construction Manager Default. In such case, the District may deduct costs relating to correcting
such deficiencies, including, without limitation, compensation for additional services and expenses

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of a supplemental or replacement architect, design or engineering consultants and other consultants
made necessary by such defaults, including services of legal counsel, from payments then or
thereafter due to Construction Manager and may adjust the Basic Fee and any fees for Additional
Services accordingly. If the payments then or thereafter due to Construction Manager are not
sufficient to cover the amount of the deduction, Construction Manager shall pay the difference to the
District.
6.3.5 Payment to Consultant. If the Construction Manager Default is due to Construction Managers
failure to pay, when due, invoices of a consultant providing Services in connection with this
Agreement, the District shall have the right, but no obligation, to pay the amount invoiced directly to
that consultant from any amounts then due Construction Manager, provided that the District has
accepted the Services to which the invoices refer. The District shall have no further liability to
Construction Manager in connection therewith.
6.4 TERMINATION BY CONSTRUCTION MANAGER. Construction Manager may
terminate this Agreement only upon the occurrence of one of the following conditions:
6.4.1 Failure to Pay Undisputed Amounts. Construction Manager my terminate upon thirty (30) days
written notice if the District fails to make any undisputed payment to Construction Manager when
due and such failure remains uncured for forty-five (45) calendar days after written notice to the
District.
6.4.2 Long Term Suspension of Project. If the Project on which Construction Manager is providing
Services are suspended or abandoned by the District for more than one hundred twenty (120)
consecutive calendar days, Construction Manager may terminate this Agreement upon ninety (90)
calendar days notice to the District, provided the District does not reactivate the Project within such
ninety (90) calendar day period.
6.5 SOLE REMEDY UPON TERMINATION BY CONSTRUCTION MANAGER
6.5.1 Payment for Services. In the event of a termination of this Agreement by Construction Manager in
accordance with Section 6.4, the District shall pay Construction Manager an amount for its Services,
Additional Services and Reimbursable Expenses calculated in accordance with Paragraph 6.1.2 of
this Agreement. Such payment shall be Construction Managers sole and exclusive compensation
and the District shall have no further liability or obligation to Construction Manager for any other
compensation or damages, including, without limitation, anticipated profit, prospective losses,
business devastation, legal fees or costs associated with legal representation or consequential
damages of any kind.

SECTION 7
DUTIES AND LIABILITIES OF DISTRICT

7.1 DUTIES
7.1.1 Program Manager: The Program Manager represents the District it in all matters pertaining to the
Services. The Program Manager shall cooperate with Construction Manager in all matters relative to
this Agreement in order to permit the performance of the work without undue delay.
7.1.2 Statement of Building Program. The District shall provide full information as to the requirements
for and the education program to be conducted in the Project, including budget limitations and

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scheduling. Construction Manager shall have the right to rely upon such information unless
Construction Manager knows or should know that the information is inaccurate or incomplete.
7.1.3 Architect. The District shall retain the Architect whose services, duties and responsibilities are
described in the agreement between the District and the Architect. The District-Architect agreement
shall be furnished to Construction Manager.
7.1.4 District Performance of Work. The District reserves the right to perform work related to the
Project with the Districts own forces and/or to award contracts in connection with the Project. The
District shall notify Construction Manager of the Districts intent to perform work related to the
Project with the Districts own forces and/or to award contracts in connection with the Project.
7.2 LIMITATION ON LIABILITY OF DISTRICT
7.2.1 Other than as specifically provided elsewhere in this Agreement, the Districts 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 the 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 for the services performed in connection with this Agreement.
7.2.2 The 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 Construction Manager, its employees, agents,
consultants, invitees or guests even if such equipment has been furnished or loaned to Construction
Manager by the District.

SECTION 8
PROJECT CONSTRUCTION COST ESTIMATES
8.1 CONSTRUCTION BUDGET. The Construction Budget may be revised at the conclusion of
design or other earlier phase of the Project at the discretion of the District based on input from the
Architect and Construction Manager.
8.2 ESTIMATED PROJECT CONSTRUCTION COST. The estimated Construction Cost shall
be prepared and updated by the Construction Manager as required by this Agreement. The estimated
Construction Cost shall under no circumstances exceed the Construction Budget, including a
reasonable allowance built in for estimating design contingency. The Construction Manager shall, at
no additional cost to the District, incorporate any and all revisions needed to the preliminary studies,
schematic drawings, site utilization plans and Construction Documents if at any time Construction
Manager becomes aware that the estimated Construction Cost, as recalculated, will exceed the
Construction Budget; provided that this limitation shall not apply to unanticipated cost increases
beyond the reasonable control of Construction Manager.

SECTION 9
PROJECT SCHEDULE
9.1 SCHEDULE
9.1.1 Time for Completion. Time is of the essence and failure of Construction Manager to perform the
Services on time shall constitute a material breach of this Agreement. It shall not be a material

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breach if a delay is beyond Construction Managers control as set forth in Section 9.1.4 below. The
milestones set forth on the Project Schedule are binding, unless extended in writing by the District
Representative.
9.1.2 Delays. Except as otherwise provided in Section 5.2, Construction Manager shall not be entitled to
any compensation additional to the Basic Fee, damages or any losses incurred in connection with
delays due to errors, omissions, intentional or negligent acts of Construction Manager (including
their respective employees or those in a direct contractual relationship with either).
9.1.3 Notice of Delay. Construction Manager shall immediately notify the District of any delay in: (i) the
preparation and/or production of any of the Architects documents hereunder; (ii) the performance of
Services; or (iii) connection with any matter attended to by Construction Manager or with which
Construction Manager is familiar (whether or not as the result of an act or omission of another).
Construction Manager shall consult and advise the District in connection with any such delay and its
effect on the Project Schedule and shall take such action on the Districts behalf as the District may
request in accordance with the terms and conditions of this Agreement.
9.1.4 Force Majeure. Neither party will be liable to the other for unanticipated delays or failures in
performance resulting from causes beyond the reasonable control of that party, including, but not
limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of
war, governmental regulations, communications or utility failures, or casualties; provided that the
delayed party: (i) gives the other party prompt written notice of such cause; and (ii) uses its
reasonable efforts to correct such failure or delay in its performance. The delayed party's time for
performance or cure under this Section will be extended for a period equal to the duration of the
cause or sixty (60) days, whichever is less.

SECTION 10
DOCUMENTS OWNERSHIP, LICENSE, COPYRIGHT AND USE
10.1 OWNERSHIP. Pursuant to California Education Code Section 17316 and the requirements of the
District, all plans, specifications, original or reproducible transparencies of any drawings and master
plans, preliminary sketches, architectural presentation drawings, structural computations, estimates
and any other documents prepared pursuant to this Agreement, including, but not limited to, any
other works of authorship fixed in any tangible medium of expression such as writings, physical
drawings and data magnetically or otherwise recorded in electronic form (hereinafter referred to as
the Project Documents) shall be and remain the property of the District.
10.2 DELIVERABLES UPON TERMINATION. Following the termination of any Services, for
any reason, or abandonment of all or a portion of the Project, the District may utilize the
Construction Documents and the Project Documents as it sees fit and Construction Manger shall
deliver to the District all Construction Documents and Project Documents.
10.3 NO REPRODUCTION OR USE BY CONSTRUCTION MANAGER OR THIRD
PARTIES. After completion of the Project, or earlier termination of the Services, Construction
Manager shall not use the Construction Documents for any purpose without Districts prior written
consent. In addition, Construction Manager shall not permit reproductions to be made of any
Construction Documents without the approval of the District and shall refer all requests by other
persons to the District.

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SECTION 11
INDEMNIFICATION AND INSURANCE
11.1 INDEMNIFICATION.
11.1.1 INDEMNITY AND LITIGATION COSTS. To the fullest extent permitted by law, Construction
Manager agrees that it will indemnify, defend and hold the District, the Districts Representative,
members of the Districts Board of Trustees, directors, officers, employees, agents and authorized
volunteers (the Indemnitees) entirely harmless from all liability arising out of:
11.1.1.1 any and all claims under workers compensation acts and other employee benefit acts with respect
to Construction Managers employees arising out of Construction Managers work under this
Agreement; and
11.1.1.2 any claim, loss, injury to or death of persons or damage to property to the extent that it is caused by
any negligent or reckless act, error or omission or willful misconduct (other than a professional act
or omission) of Construction Manager, its officers, employees, consultants, subconsultants or
agents, including all damages due to loss or theft sustained by any person, firm or corporation
including the Indemnitees, arising out of, or in any way connected with the Project, including injury
or damage either on or off District property, but not for any loss, injury, death or damage caused by
the active negligence or willful misconduct of the Indemnitees or of other third parties for which
Construction Manager is not legally liable.
11.1.2 To the fullest extent permitted by law, Construction Manager agrees to indemnify and hold the
Indemnitees entirely harmless from all claims that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct in the performance of professional services by Construction
Manager, its officers, employees, consultants, subconsultants or agents, pursuant to this Agreement.
11.1.3 Construction Managers obligation to indemnify does not include the obligation to defend actions or
proceedings brought against the Indemnitees but rather to reimburse the Indemnitees for attorneys
fees and costs incurred by the Indemnitees in defending such actions or proceedings brought against
the Indemnitees to the extent such actions or proceedings arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of Construction Manager, but not to the extent of
loss, injury, death or damage caused by the active negligence or willful misconduct of District or of
other third parties for which Construction Manager is not legally liable.
11.1.4 Survival of Indemnities. The provisions of this Section shall survive the termination of this
Agreement.
11.2 INSURANCE. Without in any way affecting the indemnity provided in or by Section 11.1, before
commencement of any Services, Construction Manager shall procure and maintain at its own cost
and expense for the duration of the Services, and longer as required by the District against claims for
injuries to persons or damages to property which may arise from or in connection with the Services,
the types and amounts of insurance set forth herein.
11.2.1 Minimum Limits of Insurance. Construction Manager shall procure and maintain the types and
amounts of coverage as follows:
11.2.1.1 Commercial General Liability Insurance with a limit of not less than $3,000,000 each
occurrence for bodily injury, personal injury and property damage/$6,000,000.

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11.2.1.2 Automobile Liability Insurance (Insurance Services Office Form Number CA 0001
covering Automobile Liability, Code 1 (any auto)). Minimum of $2,000,000 limit each accident.
11.2.1.3 Professional Liability (Errors and Omissions) Insurance with a limit not less than
$2,000,000 per claim and $4,000,000.00 in the annual aggregate.
11.2.1.4 Workers Compensation Insurance as required by the State of California (Division IV of
the California Labor Code, and any amendatory acts or provisions thereto).
11.2.1.5 Employers Liability Insurance in an amount not less than $1,000,000 per accident for
bodily injury or disease.
11.2.2 Minimum Scope of Insurance.
11.2.2.1 Commercial General Liability insurance shall be written on Insurance Services Office form CG 0001
(or a substitute form providing coverage at least as broad) and shall cover liability arising from
bodily injury and property damage (broad form property damage), premises, operations, independent
contractors, products-completed operations, personal injury and advertising injury liability (including
the tort liability of another assumed in a business contract), contractual liability with respect to this
Agreement, explosion, collapse and underground hazards.
11.2.2.2 Automobile Insurance shall cover liability arising out of any automobiles (including owned, hired
and non-owned automobiles). Coverage shall be written on Insurance Services Office form CA
0001, or a substitute form providing liability coverage at least as broad. The policy may require
deductibles acceptable to the Director of Risk Management of the District, but not self-insured
retention without written approval from District.
11.2.2.3 If the Professional Liability Insurance policy is written on a claims made basis, it shall be maintained
continuously for a period of no less than four (4) years after Final Completion of the Project to which
it applies. The retro date must be shown and must be before the date of this Agreement.
11.2.3 Valuable Document Insurance: Construction Manager shall carry adequate insurance on all
drawings and specifications as may be required to protect District in the amount of its full equity in
those drawings and specifications, and shall file with District a certificate of that insurance. The cost
of that insurance shall be paid by Construction Manager.
11.2.4 Content and Endorsements: Each policy must contain, or be endorsed to contain, the following
provisions:
11.2.4.1 The Commercial General Liability policy shall name District, its Board of Trustees and each member
thereof, its officers, employees, agents, and designated volunteers as named additional insureds
(Additional Insureds). The coverage shall contain no special limitations on the scope of protection
afforded to the Additional Insureds. Coverage shall be primary and not contributory with respect to
the Additional Insureds. Any insurance or self-insurance maintained by the Additional Insureds
shall be in excess of Construction Managers insurance and shall not contribute with it.
11.2.4.2 On each policy of insurance, the insurer shall agree to waive all rights of subrogation against
District, its Board of Trustees and each member thereof, its officers, employees, agents, and
volunteers.

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11.2.4.3 Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not
be suspended, voided, reduced or canceled except after thirty (30) days prior written notice has been
given to the District by the carrier. In the case of cancellation for non-payment, ten (10) days notice
is acceptable. Qualified statements such as carrier will endeavor or that failure to mail such
notice shall impose no obligation and liability upon the company shall not be acceptable.
11.2.4.4 The insurance shall apply separately to each insured against whom claim is made or suit is brought,
except with respect to the limits of the insurers liability.
11.2.5 General Insurance Matters: All insurance coverage required under this Agreement shall:
11.2.5.1 Be issued by insurance companies admitted to do business in the State of California, with a financial
rating of at least an A:VII as rated in the most recent edition of Bests Insurance Reports. Architect
shall notify District in writing if any of its insurer(s) have an A.M. Best rating of less than A:VII. At
the option of District, either 1) District can accept the lower rating; or 2) Construction Manager shall
be required to procure insurance from another insurer.
11.2.5.2 Except for professional liability policies, all insurance required by this Section shall contain standard
separation of insureds provisions. In addition, such insurance shall not contain any special
limitations on the scope of protection afforded to the District, its directors, officials, officers,
employees and agents.
11.2.5.3 Construction Manager shall promptly notify the District of any materials change in the coverage,
scope, or amount of any policy.
11.2.5.4 Except for professional liability policies for which primary coverage is not available, all such
insurance shall be primary insurance. Any insurance of the District shall be excess coverage for
benefit of the District only and non-contributory.
11.2.5.5 At all times while this Agreement remains in effect, Construction Manager shall maintain on file
with the District valid and up to date certificates of insurance showing that the required insurance
coverage is in effect in not less than the required amounts. If not contained on the face of the policy,
endorsements signed by a person authorized by the insurer to bind coverage on its behalf, shall be
separately provided. Each policy endorsement, copy, or a certificate of the policy executed by the
insurance company, and evidence of payment of premiums for each policy shall be deposited with
the District within twenty-one (21) days of execution of this Agreement and prior to the
commencement of services, and on renewal of the policy, not less than twenty (20) days before the
expiration of the term of the policy.
11.2.5.6 If Construction Manager fails to provide or maintain the required insurance, the District may, at its
sole and absolute discretion, obtain such insurance at Construction Managers expense and deduct
the premium from any fees or reimbursable expenses subsequently invoiced by Construction
Manager.
11.2.5.7 Any deductibles or self-insured retentions in excess of $100,000 must be declared to the District and
must be reduced to a level deemed acceptable by the District in writing. Construction Manager
agrees that, at the option of the District, it will either: (A) arrange for the insurer shall reduce or
eliminate such deductibles or self-insured retentions with respect to the District, its directors,
officials, officers, employees and agents; or (B) procure a bond guaranteeing payment of losses and
related investigation costs, claims and administrative and defense expenses.


Page 22 of 46

SECTION 12
DISPUTE RESOLUTION
12.1 RESOLUTION OF CLAIMS. Claims shall be resolved by the Parties in accordance with the
provisions of this Section 12. All Claims shall be subject to the Claims Resolution Process set
forth in this Section 12, which shall be the exclusive recourse of Construction Manager and the
District for determination and resolution of Claims.
For purpose of this Section 12, a Claim shall mean, a written demand or assertion by the District
or Construction Manager seeking, as a matter of right, an interpretation of contract, disputed
payment of money, recovery of damages or other relief. A Claim does not include the following: (i)
penalties or forfeitures prescribed by statute or regulation imposed by a governmental agency; (ii)
tort claims for personal injury or death; (iii) false claims liability under California Government Code
Section 12650, et seq.; (iv) physical defects in the construction first discovered by the District after
final payment by the District to a Contractor; (v) stop notices; or (vi) the right of the District to
specific performance or injunctive relief to compel performance.
12.2 RESOLUTION OF OTHER DISPUTES. Disputes between the District and Construction
Manager that do not constitute Claims shall be resolved by way of an action filed in the Superior
Court of the State of California, County of Ventura, and shall not be subject to the Claims Resolution
Process.
12.3 SUBMISSION OF A CLAIM
12.3.1 By Construction Manager. Construction Managers right to commence the Claims Resolution
Process shall arise upon the Districts written response denying all or part of a Claim or the passage
of thirty (30) calendar days after submission of the claim should no denial be issued by the District.
Construction Manager shall submit a written statement of dispute to the District within fourteen (14)
calendar days after the District rejects all or a portion of Construction Managers Claim. Failure by
Construction Manager to timely submit its statement of dispute shall result in the decision by the
District on the Claim becoming final and binding. Construction Managers statement of dispute shall
be signed by a principal of Construction Manager and shall state with specificity the events or
circumstances giving rise to the Claim, the dates of their occurrence and the asserted effect, if any,
on the compensation due or time of performance obligations of Construction Manager under this
Agreement (the Statement of Dispute). Such Statement of Dispute shall include adequate
supporting data to substantiate the disputed Claim. Adequate supporting data for a Claim relating to
an adjustment of Construction Managers obligations relative to time of performance shall include a
detailed, event-by-event description of the impact of each delay on Construction Managers time for
performance. Adequate supporting data for a Statement of Dispute involving Construction
Managers compensation shall include a detailed cost breakdown and supporting cost data in such
form and including such detailed information and other supporting data as required to demonstrate
the grounds for, and precise amount of, the Claim.
12.3.2 By the District. The Districts right to commence the Claims Resolution Process shall arise at any
time following the Districts actual discovery of the circumstances giving rise to the Claim. Nothing
contained herein shall preclude the District from asserting Claims in response to a Claim asserted by
Construction Manager. A Statement of Claim submitted by the District shall state the events or
circumstances giving rise to the Claim, the dates of their occurrence and the damages or other relief
claimed by the District as a result of such events.
12.4 CLAIMS RESOLUTION PROCESS. The Parties shall utilize each of the following steps in

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the Claims Resolution Process in the sequence they appear below. Each Party shall participate fully
and in good faith in each step in the Claims Resolution Process, which good faith effort shall be a
condition precedent to the right of each Party to proceed to the next step in the Claims Resolution
Process.
12.4.1 Direct Negotiations. Designated representatives of the District and Construction Manager shall
meet as soon as possible (but not later than forty-five (45) calendar days after the Statement of
Dispute is given) in a good faith effort to negotiate a resolution to the Claim. Each Party shall be
represented in such negotiations by an authorized representative with full knowledge of the details of
the Claim or defenses being asserted by such Party, and with full authority to resolve such Claim
then and there, subject only to the Districts right and obligation to obtain Board of Trustees
approval of any agreed settlement or resolution. If the Claim involves the assertion of a right or
claim by a Contractor, the Architect or Architect Consultant against the Construction Manager that is
in turn being asserted by the Construction Manager against the District, then such Contractor, the
Architect or Architect Consultant shall also have a representative attend such negotiations, with the
same authority and knowledge as just described. Upon completion of the meeting, if the Claim is not
resolved, the Parties may either continue the negotiations or either Party may declare negotiations
ended. All discussions that occur during such negotiations and all documents prepared solely for the
purpose of such negotiations shall be confidential and privileged pursuant to California Evidence
Code Sections 1119 and 1152.
12.4.2 Deferral of Agreement Disputes. Following the completion of the negotiations required by the
preceding paragraph, all unresolved Claims shall proceed to Mediation as set forth in the succeeding
paragraph entitled Mediation. The Parties hereto may mutually agree to postpone continuing the
Claims Dispute Resolution until the earlier of: (i) the completion of the Services hereunder or; (ii)
the termination of the Services. In the event Claims are deferred, the Claims shall be consolidated
within a reasonable period of time after completion of the Services herein and pursued to resolution
through the Claims Dispute Resolution Process. Pending final resolution of any Claim, Construction
Manager shall proceed diligently with the performance of its Services and the District shall continue
to make payments for those Services that are not part of the Claim set forth herein in accordance
with the terms of this Agreement.
12.4.3 Mediation. If the Claim remains unresolved after direct negotiations pursuant to Paragraph 12.4, the
Parties agree to submit the Claim to non-binding mediation before a mutually acceptable third party
mediator prior to commencement of any lawsuit or court action.
12.4.3.1 Qualifications of Mediator. The Parties shall endeavor to select a mediator who is a
retired judge or an attorney with at least five (5) years of experience in public works
construction contract law and in mediating public works construction disputes.
12.4.3.2 Submission to Mediation and Selection of Mediator. The Party initiating mediation of a
Claim shall provide written notice to the other Party of its decision to mediate. In the event
the Parties are unable to agree upon a mediator within ninety (90) calendar days after such
written notice is given, then the Parties shall submit the matter to the Superior Court of the
County of Ventura to select a mediator in accordance with the qualifications herein and the
applicable law.
12.4.3.3 Mediation Process. The location of the mediation shall be at the offices of the District, or
otherwise mutually agreed. The costs of mediation shall be shared equally among all parties
participating. All discussions that occur during the mediation and all document
presentations prepared solely for the purpose of the mediation shall be confidential and

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privileged pursuant to California Evidence Code Sections 1119 and 1152.
12.4.3.4 Litigation. If the Claim remains unresolved after direct negotiations and mediation, either
Party may commence an action in the Superior Court of the County of Ventura.
Construction Manager hereby submits to the jurisdiction of said court.
12.5 NON-WAIVER OR RELEASE. Participation in the Claims Resolution Process shall not
constitute a waiver, release or compromise of any defense of either Party.

SECTION 13
NOTICES
13.1 NOTICES. All notices, demands, or requests to be given under this Agreement shall be given in
writing and conclusively shall be deemed received when received in any of the following ways: (i)
on the date delivered if delivered personally; (ii) on the date sent if sent by facsimile transmission
and confirmation of transmission is received; (iii) on the date it is accepted or rejected if sent by
certified mail; and (iv) the date it is received if sent by regular U.S. mail. All notices, demands or
requests shall include the name of this Agreement and be addressed to the parties as follows:

TO DISTRICT: TO CONSTRUCTION MANAGER:

Caldwell Flores Winters, Inc., Seward L. Schreder Construction, Inc.
Program Manager ATTN: Seward Schreder, President
ATTN: Yuri Calderon, Chief Operating Officer 1855 Buenaventura Blvd.
6425 Christie Ave., Suite 270 Redding, CA 96001
Emeryville, CA 94608

With original copy to:
Oxnard School District
ATTN: Lisa Cline
Assistant Superintendent, Business & Fiscal Services
1051 South A St.
Oxnard, CA 93030

SECTION 14
REPRESENTATIONS OF CONSTRUCTION MANAGER
14.1 REPRESENTATIONS OF CONSTRUCTION MANAGER. By executing this Agreement,
and hereafter each and every time this Agreement is amended, Construction Manager makes each of
the following covenants and representations.
14.1.1 Construction Manager represents that it has previously acted as a construction manager, that is
professionally qualified and is licensed to perform the Services in the State of California by all
public entities having jurisdiction over the Architect and the Project, and that it has the expertise and
experience in constructability reviews, cost estimating, value engineering, construction supervision,
bid preparation, evaluation of construction projects, project scheduling, cost benefit analysis, claims
review and negotiation, and general management and administration of construction projects to
perform the Services.

Page 25 of 46

14.1.2 Construction Manager covenants to maintain, at all times Services are performed hereunder, all
necessary licenses, permits or other authorizations necessary to performed the Services for the
Project until Construction Managers duties in connection therewith have been fully satisfied.
14.1.3 Construction Manager represents that it has become familiar with the Project site and the local
conditions under which the Project is to be designed, constructed, and operated.
14.1.4 Construction Manager represents and covenants that it shall prepare, or cause to be prepared, all
documents and things required by this Agreement in accordance with the standards of the profession.
14.1.5 Construction Manager assumes full responsibility to the District for the improper acts and omissions
of its employees. Construction Manager covenants that each Project Director and all other
Construction Manager employees now or in future assigned by Construction Manager to work on a
Project shall have the level of skill, experience and qualifications required to perform the Services
assigned to them, and shall also have all licenses, permits or approvals legally required to perform
such Services.
14.1.6 Construction Manager covenants that it shall be responsible for all costs and damages, including
those due to any delays, resulting from its failure to prepare adequate documentation or to implement
any changes identified as necessary either in connection with the Constructability Review or other
review.
14.2 COMPLIANCE WITH LAWS. Construction Manager covenants that it shall, at all times while
providing Services, remain in full compliance with the provisions of all applicable laws, rules and
regulations, including without limitation, the provisions of the Education Code regarding design and
construction of school facilities, the provisions of the California Labor Code regarding employers
insurance, the provisions of the California Labor Code regarding payment prevailing wages, all non-
discriminations laws (including federal and state laws), and any and all other laws rules and
regulations applicable to this Agreement, Construction Manager, the District, the Project or the
Services.
14.2.1 Cost Disclosure - Documents and Written Reports. Construction Manager 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).
14.2.2 Disabled Veteran Business Enterprise Participation. Pursuant to Education Code section
17076.11, the District has a participation goal for disabled veteran business enterprises (DVBEs) of
at least three (3) percent, 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.
Unless waived in writing by the District, Construction Manager shall provide proof of DVBE
compliance, in accordance with any applicable policies of the District or the State Allocation Board,
within thirty (30) days of its execution of this Agreement.
14.2.3 Fingerprinting & Other Operational Requirements of the District. Unless exempted,
Construction Manager shall comply with the requirements of Education Code Section 45125.1 with
respect to fingerprinting of employees who may have contact with the Districts pupils. Construction
Manager shall also ensure that its consultants on the Project also comply with the requirements of
Section 45125.1. Construction Manager must complete the Districts certification form attached
hereto as Exhibit C and incorporated herein by reference prior to any of Construction Managers
employees coming into contact with any of the Districts pupils. Construction Manager also agrees
to comply, and ensure that all its employees comply with all other operational requirements of the

Page 26 of 46

District, as may be revised from time to time, including but not limited to any obligations relating to
vaccination or testing for infectious diseases.
14.2.4 Name and Trademarks. Construction Manager shall not use any name, trademark or service mark
of the District without first having received the Districts written consent to such use.
14.2.5 Conflict of Interest. No member, official or employee of the District shall have any personal
interest, direct or indirect, in this Agreement nor shall any such member, official or employee
participate in any decision relating to the Agreement which affects his or her personal interests or the
interests of any corporation, partnership or association in which he or she is directly or indirectly
interested.
14.2.6 Safety. Construction Manager shall execute and maintain its work so as to avoid injury or damage
to any person or property. In carrying out its Services, Construction Manager shall at all times be in
compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise
all necessary precautions for the safety of its employees subcontractors appropriate to the nature of
the work and the conditions under which the work is to be performed.
14.2.7 Labor Certification. By its signature hereunder, Construction Manager certifies that it is aware of
the provisions of Section 3700 of the California Labor Code which 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 agrees to comply with such provisions before commencing the
performance of the Services.
14.3 SUPPLEMENTAL CONDITIONS. Any supplemental conditions agreed to by the Parties shall
be attached as an exhibit to this Agreement and incorporated herein by reference.


SECTION 15
MISCELLANEOUS PROVISIONS
15.1 SUCCESSORS AND ASSIGNS. Inasmuch as this Agreement is intended to secure the
specialized Services of Construction Manager, Construction Manager may not assign, transfer,
delegate or sublet any interest therein without the prior written consent of the District and any such
assignment, transfer, delegation or sublease without the Districts prior written consent shall be
considered null and void. Likewise, the District may not assign, transfer, delegate or sublet any
interest therein without the prior written consent of Construction Manager and any such assignment,
transfer, delegation or sublease without Construction Managers prior written consent shall be
considered null and void.
15.2 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.
15.3 ENTIRE AGREEMENT. This Agreement including Exhibits hereto, contains the entire
understanding of the Parties, and supersedes all other written or oral agreements. Construction
Manager shall be entitled to no other benefits other than those specified herein. No changes,
amendments or alternations shall be effective unless in writing and signed by both Parties and
approved by the Districts Board of Trustees. Construction Manager specifically acknowledges that

Page 27 of 46

in entering into this Agreement, Construction Manager relied solely upon the provisions contained in
this Agreement and no others.
15.4 GOVERNING LAW AND VENUE. This Agreement shall be construed in accordance with,
and governed by the laws of the State of California, excluding its choice of law rules. Venue shall be
exclusively in Ventura County.
15.5 NON-WAIVER. None of the provisions of this Agreement shall be considered waived by either
party unless such waiver is specifically specified in writing. Neither the Districts 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 Construction Manager shall remain liable to the
District in accordance with this Agreement for all damages to the District caused by Construction
Managers failure to perform any of the Services to the applicable standard of care. This provision
shall survive the termination of this Agreement.
15.6 INDEPENDENT CONTRACTOR. Construction Manager is, for all purposes arising out of
this Agreement, an independent contractor, and neither Construction Manager nor its employees
shall be deemed an employee of the District for any purpose. It is expressly understood and agreed
that Construction Manager shall in no event be entitled to any benefits to which District employees
are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation, workers
compensation benefits, sick or injury leave or other benefits.
15.7 NO ASBESTOS CERTIFICATION. No asbestos or asbestos-containing materials will be used
or substituted in conjunction with the Project. Upon completion of all work under the Project,
Construction Manager will certify to the District that to the best of Construction Managers
knowledge, no asbestos or asbestos-containing materials were used in the Project.

15.8 NON-DISCRIMINATION. No discrimination shall be made by Construction Manager in the
employment of persons to work under this Agreement because of race, national origin, sex, age,
ancestry, religion, physical disability, marital status, sexual orientation, or political affiliation of such
person. Construction Manager shall comply with all applicable regulations and laws governing
nondiscrimination in employment, including without limitation the following laws:

(a) California Fair Employment and Housing Act (California Government Code Section 12900
et seq.) which prohibits discrimination in employment on account of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, marital status, or
sex and prohibits harassment of an employee or applicant because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex
or age;

(b) Federal Civil Right Act of 1964 (42 U.S. Code Section 2000e, et seq.) which prohibits
discrimination in employment on the basis of race, religious creed, color, national origin, or sex;
(c) Title I of the Americans With Disabilities Act of 1990 (42 U.S. Code Section 12101 et seq.)
which prohibits discrimination against qualified individuals with a disability in hiring and
employment practices;
(d) The Age Discrimination in Employment Act (29 U.S. Code Section 621, et seq., prohibiting
age discrimination in employment against individuals who are least forty years of age;

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(e) California Labor Code Section 1102.1 which prohibits discrimination in any aspect of
employment or opportunity for employment based on actual or perceived sexual orientation.
15.9 NO THIRD PARTY BENEFICIARY. There are no intended third party beneficiaries of any
right or obligation assumed by the Parties.
15.10 ASSISTANCE OF COUNSEL. 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
and that this Agreement shall not be construed against any Party as the drafter of the Agreement.
15.11 AUTHORITY TO EXECUTE. The persons executing this Agreement on behalf of their
respective Parties represent and warrant that they have the authority to do so under law and from
their respective Parties.
15.12 HEADINGS. The headings in this Agreement are inserted only as a matter of convenience
and reference and are not meant to define, limit or describe the scope or intent of the
Agreement or in any way to affect the terms and provisions set forth herein.
15.13 EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number
of counterparts, each of which shall be an original, but all of which together shall constitute
one instrument.
NOW, THEREFORE, the parties, through their authorized representatives, have executed this
Agreement on the dates indicated under their respective signatures.

SEWARD L. SCHREDER
CONSTRUCTION, INC.
OXNARD SCHOOL DISTRICT

By: ________________________________ By: ______________________________

Title: ______________________________ Title: Lisa A. Franz, Director, Purchasing

Date: ______________________________ Date: ____________________________



Page 29 of 46

Exhibit A
Project Description

OxnardSchoolDistrict
SelectionPackageforLeaseLeaseback
PreconstructionServicesforProject5
ReconstructionofElmK5School

Preparedby:
Caldwell Flores Winters
6425ChristieAvenue,Suite270
Emeryville,CA94608

OxnardOffice:
1901VictoriaAvenue,Suite106
Oxnard,CA93035


Page 30of 45

OXNARDSCHOOLDISTRICT
SELECTIONPACKAGEFORLEASELEASEBACK
PRECONSTRUCTIONSERVICES
PROJECT REQUIREMENTS
Project 5 includes the construction of a new school on the existing 6.1 acre site followed by the
demolition of the existing school. Elm Elementary School currently serves approximately 767 students
in grades K6 and is to be reconstructed as a new school to accommodate 600 students per State
standardsingradesK5.Theschoolwasconstructedin1948andlastmodernizedin2003.Theexisting
schoolwillremaininoperationduringtheconstructionofthenewElmElementarySchool(K5).
The new campus will house 600 students per State standards in 20 general purpose classrooms (960
square feet each), 4 kindergarten classrooms, and 1 Resource Specialist Program (RSP) room.
Additionally, the new campus will contain specified support facilities, administration areas, student
informationcenter(library),foodservice,multipurposeroom,physicaleducationspaces,andrestrooms.
Theprojectscopeincludesassociateddemolitionandsitework.
The total all in budget for the site is $20,170,543 including demolition and site work (soft and
construction costs combined, including contingencies, and FF&E). In order to maximize cost efficiency,
and minimize required duration for both design and construction phases, the District is utilizing a re
use of plans approach for this project which is further described below. Design and preconstruction
activities must be completed and the plans submitted to the Division of State Architect (DSA) no later
than January 23, 2014. The project cost will be funded from a combination of sources including
reimbursementsfromtheStateSchoolFacilitiesProgram(SFP).Constructionisscheduledtocommence
onAugust1,2014andbesubstantiallycompletebyAugust31,2015.
METHOD OF DELIVERY
The District is proposing to utilize a leaseleaseback method of delivery for the project. The District is
selecting a firm to participate early in the project to provide preconstruction professional services,
including constructability reviews of proposed designs, cost estimates, preliminary construction
schedules,andasitelogisticsstrategytocreateadesignthatisbothinspiring,functionalandmeetsthe
Districtsspecifications,budgetandtimeline.
ToaccomplishthedesiredK5configurationinaccordancewiththeDistrictsEducationalSpecifications,
theDistricthasapprovedMVEInstitutional,astheArchitectofRecord(AOR)fortheproject,andhas
also approved MVE Institutional proposed reuse site plan for the Elm Elementary School. The
proposedreusedesignincludescomponentsfromaDSAapprovedprojectscompletedfor:

1. OrchardHillsK8School,TustinUnifiedSchoolDistrict,Irvine,CA
a. Proposaltoreusetheadministrationandelementaryclassroombuildings,siteadapted
tofittheElmcampus
2. AltaCaliforniaElementarySchool,LosAngelesUnifiedSchoolDistrict,PanoramaCity,CA
a. Proposaltoreusethekindergartenbuilding,siteadaptedtofittheElmcampus


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3. TorchMiddleSchool,BassettUnifiedSchoolDistrict,LaPuente,CA
a. Proposaltoreusethemultipurposebuilding,siteadaptedtofittheElmcampus
The AOR has prepared conceptual site layouts and 3D renderings demonstrating how the various
elements connect to create a cohesive campus concept for the Elm site, provided for reference on the
following pages. In addition to the conceptual drawings provided herein, the AOR has provided PDF
versions of the DSAapproved design drawings for the reuse buildings for review by participating
firmsduringthisselectionprocess.Thedocumentscanbeelectronicallyaccessedat:

ftp.mveinstitutional.com
UserName:MVEIGenPassword:MVEIGen!
Proposing firms should closely review the AORs proposed reuse design site layout, renderings, and
the original DSA approved construction documents to gain a complete understanding of the project.
TheAORhasdevelopedacostcomparisonworksheetfortheprojectincludedhereinasAttachmentA.
The worksheet compares the Districts Educational Specifications with the proposed reuse project,
andprovidesatotalcostbudgetfortheapproveddesign.
Certain components of the original designed buildings have been augmented, removed, or revised to
meet Educational Specifications. Firms should make their best effort to review the proposed design,
excluding those components from the original design which will not be constructed at the new Elm
ElementarySchool,asdescribedinAttachmentA.Firmsshouldalsoreviewtheestimatedcoststudy
alongwiththeDSAapprovedplansto(1)verifythefeasibilityoftheprojectwithinthedefinedbudgets
established, (2) identify any specific areas where budgets appear to be insufficient or in excess of
anticipated costs, (3) identify 3 to 5 potential constructability issues, (4) identify 3 to 5 high potential
valueengineeringopportunities,and(5)developapreliminaryconstructionschedule/sequencingplan.
In addition, proposals should provide a detailed breakout of the factors or elements that comprise the
calculation ofthe "Guaranteed Maximum Price" (GMP) including specific markups or estimates
ofthefirm'sfees,overhead,generalconditions,andpotentialtypesofallowancesandcontingenciesas
part of the GMP amount. Proposals should identify the trades that the firm will propose bidding and
thosetradesthatthefirmproposestoselfperform,ifany.
Proposalsshouldincludeanarrativeofpotentialconstructionissuesorotherchallengesthatmayarise
during the reuse of the proposed design, and proposed solutions to ensure that said challenges do
not create unnecessary delays or added cost to the project. The following pages demonstrate the
conceptualproposedreusesitelayoutandarchitecturalrenderingsprovidedbytheAOR.



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EASTELMSTREET
EASTFIRAVENUE
M
O
N
T
R
O
S
E

S
T
R
E
E
T
G
I
S
L
E
R

A
V
E
N
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ProposedSitePlan



Page 33of 45

ProposedDesign



Page 34of 45

APPROVED EDUCATIONAL SPECIFICATIONS & BUDGET
The specifications below reflect the Board approved Educational Specifications for K5 schools within the Facilities
ImplementationPlanandarerequiredtobeaddressedduringthedesignandpreconstructionprocess.
Description Quantity Units Total
Classrooms 19,680
ClassroomsEstimate20rms@960sfea. 19,200 sf
RSP 480 sf
Kindergarten 6,440
KinderClassroom4@1,120sf 4,480 sf
Workroom/Storage 400 sf
Toilets4@65sq.ft. 260 sf
EquipmentStorage 100 sf
KinderShadeStructure 1,200 sf
Administration 4,515
Lobby/PublicWaiting 300 sf
Reception/Clerical 150 sf
Principal'sOffice 200 sf
AdministrativeAssistant 75 sf
ConferenceRoom 250 sf
Work/MainCopyRoom 250 sf
HealthOffice 100 sf
Nurse/HealthClerk 75 sf
Toilet 65 sf
StaffWorkroom/Lounge 600 sf
Kitchenette/Vending 150 sf
StaffToilets 390 sf
Parent/Conf.MultiPurpose/Workroom 300 sf
Parent/Conf.StorageRoom 100 sf
FlexOffice 150 sf
SpeechOffice 250 sf
PsychologistOffice 150 sf
SDC 960 sf
Elm Elementary Specifications (K-5 Schools)
Design&ReconstructSchooltoK5Specificationsfor600students



Page 35of 45

Description Quantity Units Total
StudentInformationCenter 2,700
ControlDesk 100 sf
Work/ProcessingRoom 200 sf
StorageRoom 100 sf
ReadingRoom 900 sf
StoryTelling 400 sf
Stacks 400 sf
SurplusTexbookStorage 200 sf
SmallBreakoutRoom 250 sf
TechWork/StorageRoom/MDF 150 sf
MultiPurposeRoom 5,375
MultiPurposeRoom 3,500 sf
ChairTableStorage 200 sf
ControlRoom 75 sf
MusicPlatform 1,400 sf
InstrumentStorage 200 sf
FoodService 3,600
Serving/PrepKitchen 350 sf
WalkinRefg/Freezer 75 sf
DryStorage 75 sf
LockerAlcove 50 sf
Office/WorkStation 75 sf
Toilet/Changing 75 sf
LunchShelter 2,800 sf
CustodialServices 100 sf
Restrooms 1,800 sf 1,800
TotalBuildingQuantity 44,110
Sitework
ParkingLot/Circulation 70,000 sf
WalkwaysonCampus 10,000 sf
Utilities 1 ls
PlayCourts 40,000 sf
PlayFields(3acres) 130,000 sf
Landscaping 15,000 sf



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The budget below is all inclusive of both construction costs and soft costs to implement the project including design
fees, contractors fee, consulting services, testing & inspection services, agency approval fees, etc. Much of the
functionality in Elms learning and administrative spaces is achieved through innovative choices on furniture, fixtures,
and equipment (FF&E). Therefore, the budget also incorporates the cost of appropriate furniture, fixtures and
equipmentwithintheestimatedtotal.
Year Budget
Design&ReconstructElmElem.K5 2014/2015
Demolition $1,155,000
Sitework $5,272,143
Classrooms $5,378,057
Kindergarten $2,035,314
Administration $1,631,850
MediaCenter $975,857
MultiPurposeRoom $2,111,607
FoodService $832,857
Restrooms $777,857
$20,170,543
Project
Est.Total
ElmElementarySchoolK5

SUMMARY TIMELINE & SCHEDULE:
Theconstructionscheduleandacademicschedulerequirethatbothnewandoldportionsofthecampusbeinoperation
simultaneously.Confirmingthatexistingsiteutilitieshaveadequatecapacityforthissimultaneoususewillbeacritical
componentofachievingasuccessfulproject.TheschedulechartbelowisbasedontheDistrictsfiscalyearcalendar,in
whichQ1ofFY2014effectivelybeginsJuly1,2013,andQ4ofFY2014effectivelyendsJune30,2014.

Design&ReconstructElmElementarySchool(K5):
DSASubmittal:January23,2014
StartConstruction:August1,2014
EndConstruction:August31,2015


Page 37of 45

METHOD OF SELECTION:
AfterconductingacomprehensiveRequestforQualification(RFQ)process,theBoardofTrusteesonJune5,2013,pre
qualifiedsixfirmstoprovideleaseleasebackservices.Thesixprequalifiedfirmsarehereininvitedtosubmitaproposal
toprovidepreconstructionservicesforProject5.
The preconstruction services consist of the review of design documents for constructability, completeness, scheduling,
clarity,consistencyandcoordination;expeditingdesignreviews,includingmodifications,ifany,basedonvalueanalysis;
and undertaking valueengineering analysis and preparing reports with recommendations to the District and the
architect to maintain established program budget related to Project 5 pursuant to a PreConstruction Services
Agreement(seeattachedagreement).Atthecompletionofthedesignphaseanduponreceiptofdesignapprovalsfrom
the California Department of State Architect (DSA), the District will consider negotiating and entering into an
agreement with the firm to develop the school site under the lease leaseback delivery method pursuant to a
Construction Services, Lease and SubLease, and Specialty Trade Agreements. Project 5 shall be performed under the
directionoftheDistrictanditsProgramManager,CFW.ThefirmshallworkwiththeDistrictsArchitectofRecord,MVE
Institutional,Inc.asneededtoconductvalueengineeringandmodificationstotheplansfortheprogram.
ASSIGNMENT PROCESS:
Eachprequalifiedfirmcanelect,ordecline,toparticipateintheassignmentprocessforProject5.Anydecisionwillnot
affect future opportunities. Firms should carefully review the detailed information and submittal requirements
containedwithinthispackage.CFWwillorganizeasingletouroftheElmsiteforallinterestedteamsasindicatedinthe
schedulebelow.PleasedonotvisitschoolsitewithoutcoordinatingwithCFW.
Oncetheproposaldeadlinehaspassed,theDistrictSelectionCommitteewillcloselyreviewallproposalsagainstcriteria
consistentwiththerequirementsoftheDistrict.Firmsselectedtointerviewwillberequestedtopresenttheirproposal
andreviewfindingswiththeDistrictSelectionCommittee.
Firms should include staff assigned to the project in the interview process. The interview results will be considered
along with the proposal document, past experience with the lease leaseback project delivery method, suggestions for
improvingtheprocess,estimatedfeesforpreconstructionservices,estimatedcostofconstruction,qualityofstaff,level
ofunderstandingoftheprojectparameters,andcreativityoftheproposedapproachtomeeteducationalspecifications,
budget,andschedulerequirementswithoutsacrificingthequalityofthefinishedproduct.



Page 38of 45

SCHEDULE:
Thefollowingisaprojectionoftentativemilestonedatesforselection:
Project5SelectionPackageforLeaseLeasebackServicessenttoprequalifiedfirms:FridayOct.11
ParticipatingteamsnotifyCFWoftheirintenttoprovideaproposal:MondayOctober14
ElmSiteVisitconductedforallparticipatingteamsbyCFW:ThursdayOctober17
Participatingteamssubmitfinalproposals:FridayOctober25,nolaterthan12:00pm
ProjectReviewCommitteetointerviewteams:WednesdayOctober30
Finalselectiontobeannouncedtowinningfirm:FridayNovember1
ExecutedPreconstructionServicesContractreturned:MondayNovember4
Boardactiononrecommendations:WednesdayNovember13(RegularBoardmeeting)
NoticeofAwardissuedandcommencementofpreconstructionservices:ThursdayNovember14
SUBMI TTAL FORMAT & REQUIREMENTS:
Proposals should be formatted to effectively address the following issues in as much detail as necessary to fulfill each
request. Each proposal should have a cover letter briefly discussing the firms review of the architects proposed re
useproject,andthefirmsuniquequalificationstopursuetheElmproject.Inaddition,theproposalshouldinclude,but
notbelimitedtothefollowingitems:
1. Detailed description of the firms understanding of the proposed Elm reuse project, as well as the planned
approachtobuildingandmanagingtheprojectontheexistingschoolsite.
2. Detailed summary of the firms review of architects proposed reuse project, including DSA approved plans.
Projectreviewsummariesshouldinclude,butnotbelimitedto:
a. Feasibilityreviewtoverifyprojectcanbebuiltwithinapprovedbudget.
b. Constructabilityreviewincluding3to5potentialissuestoberesolved.
c. Valueengineeringreviewincluding3to5highpotentialvalueengineeringopportunities.
d. Preliminaryconstructionschedule.
e. Sitelogisticsandconstructionsequencingplan.
f. Detailedreviewofexistingsiteconditions,utilityinfrastructure,etc.
g. Narrativeof potentialconstructionissuesorother challenges thatmayariseduring thereuseofthe
proposed design, and proposed solutions to ensure that said challenges do not create unnecessary
delaysoraddedcosttotheproject.
3. Discussion of the complexities of reuse site adaption and how the firm intends to integrate lessons learned
fromtheoriginalconstructiontoenhancethequalityoftheproposeddesign.
4. Description of the firms strategies for minimizing impact on the existing school facilities, and neighboring
communities throughout construction. How will the firm address the challenges inherent to building on an
occupiedsite?
5. Discussion as to how the firm will take advantage of the proposed reuse strategy to meet or accelerate the
proposedtimelinesoftheproposedproject.Whatarethepreconstructionmilestonesthatthefirmwillhelpto


Page 39of 45

obtain in order to ensure we enter the construction phase on time, with accurate cost information, and
schedules?
6. Detailed description of the firms practices for managing project schedules, budgets, subcontracts, change
orders, project documents, etc. Provide a description of the firms project control systems. Sample project
specificprogressreportsareencouragedforinclusioninthefirmsresponsetothisquestion.
7. Brief summary of similar projects completed by the firm within the last five years that closely match the
proposedProject5programasreferencedintheprojectdescription.
8. Discussion of the firms experience with the Districts preferred lease leaseback delivery method, including
proposedstrategiestooptimizetheprojectdeliverymethod.
9. Discussion of the role of assigned personnel, the benefits they bring to the project, and their assigned level of
participationontheproject.Pleasebespecific.
10. Provide a detailed breakout of the factors or elements that comprise the calculation ofthe "Guaranteed
Maximum Price" (GMP) including specific markups or estimates ofthefirm's fees, overhead, and general
conditions,andpotentialtypesofallowancesandcontingenciesaspartoftheGMPamount.Identifythetrades
thatthefirmwillproposebiddingandthosethatthefirmproposestoselfperform,ifany.
11. Describe the firms approach to the preconstruction fee, proposed preconstruction fee amount, and how it
wouldbebrokendownbasedonthedeliverablesidentifiedintheagreement.

Please be advised that the District reserves the right to decline all proposals and to amend, abandon, or modify the
methodofdeliveryatitssolediscretioninwholeorinpart.
Limit response to no more than twenty (20) doublesided 8 x 11 pages and six (6) 11 x 17 drawings to provide site
logistics map, cost estimate, and schedule information. Submit in .pdf format via email to Yuri Calderon at
ycalderon@cfwinc.combynolaterthan12:00pmPDT,Friday,October25,2013.








Page 40of 45

Exhibit B

Invoice Approval Letter and Invoice Cover Sheet

DATE:
Project No. 5: Elm Reconstruction
Construction Manager: Seward L. Schreder Construction, Inc. (SLS)

SLS has submitted Invoice No. _________ for review by the Districts Program Manager, Caldwell Flores
Winters, Inc. (CFW), and Assistant Superintendent of Business Services, Lisa Cline.

By signing below, a representative of SLS, hereby certifies that the invoice submitted is a true and accurate
reflection of the work performed to date, is an accurate representation of the percent work completed for the
phase identified in the invoice, and that the invoice submitted does not include any charges for services that
have been previously paid, or rejected by the District and/or CFW.



Seward L. Schreder Construction, Inc. Date


The invoice has been reviewed by the following and is recommended for payment:



Caldwell Flores Winters, Inc. Date




Oxnard School District Date
Lisa Cline, Assistant Superintendent,
Business and Fiscal Services


Page 41of 45








*NOTE: THIS FORM WILL BE PROVIDED ELECTRONICALLY TO THE CONSULTANT FOR USE AS AN INVOICE COVER
SHEET


Page 42of 45





































Page 43of 45

EXHIBIT C

BACKGROUND CHECK AND FINGERPRINTING PROCEDURES
FOR CONTRACTORS

The successful Bidder will be required to assure that its employees, subcontractors of any tier, material
suppliers, and consultants do not have direct contact with the Districts students during the performance of the
Contract in compliance with Education Code 45125.1 and 45125.2. To assure these provisions, the
successful Bidders supervisor shall be fingerprinted, and proof of same shall be provided to the District prior to
start of on-site work. The supervisor will monitor the workers conduct while on school grounds. In addition,
the successful Bidder shall barricade the Work area to separate its workers from the students. Costs associated
with this process are the responsibility of the successful Bidder.

The Contractors construction supervisors or their unsupervised employees who will be working outside of
fenced areas during the school hours must have submitted a fingerprint identification card to the Department of
J ustice (DOJ ) and have a proof of clearance in the form of an affidavit filed in the Oxnard School Districts
Purchasing Office prior to the start of the Work.

California Education Code 45125.1 and 45125.2 require that criminal checks be completed for contractors
(Contracting Firm) who provide architectural, construction, janitorial, administrative, landscape, transportation,
food-related, or other similar services to school districts.

The undersigned does hereby certify to the Board of Trustees of the Oxnard School District as follows:

That I am a representative of the Contractor currently under contract (Contract) with the District; that I am
familiar with the facts herein certified, and am authorized and qualified to execute this certificate on behalf of
Contractor.

Contractor certifies that it has taken the following actions with respect to the construction Project that is the
subject of the Contract:

1. Pursuant to Education Code 45125.2, Contractor has installed or will install, prior to commencement of
Work, a physical barrier at the Work Site, which will limit contact between Contractors employees and District
pupils at all times (mandatory for all Projects); AND

2. The Contractor has complied with the fingerprinting requirements of Education Code 45125.1 with
respect to all Contractors employees and all of its subcontractors employees who may have contact with
District pupils in the course of providing services pursuant to the Contract, and the California Department of
J ustice has determined that none of those employees has been convicted of a felony, as that term is defined in
Education Code 45122.1. A complete and accurate list of Contractors employees and of all its
subcontractors employees who may come in contact with District pupils during the course and scope of the
Contract is attached hereto; AND/OR

3. Pursuant to Education Code 45125.2, Contractor certifies that all employees will be under the continual
supervision of, and monitored by, an employee of the Contractor who the California Department of J ustice has
ascertained has not been convicted of a violent or serious felony. The name and title of each employee who will
be supervising Contractors employees and its subcontractors employees is:

Name: _____________________________________



Page 44of 45

Title: ______________________________________

AND/OR

4. The Work on the Contract is at an unoccupied school site and no employee and/or subcontractor or
supplier of any tier of Contract shall come in contract with District pupils.

Contractors responsibility for background clearance extends to all of its employees, Subcontractors, and
employees of Subcontractors coming into contact with District pupils regardless of whether they are designated
as employees or acting as independent contractors of the Contractor.

Date: _________

Proper Name of Contractor: ______________________________________

Signature: _________________________

By: ______________________________________

Its: ______________________________________







Page 45of 45

EXHIBIT D
BASIS OF COMPENSATION

Total Project Fee Amount: $ 89,500.00 100%

Proposed SOV Format
Constructability & Feasibility Review: 10%
Schematic Design Review: 10%
Design Development Review: 20%
Construction Document Review: 20%
DSA Submittal: 20%
DSA Approval: 5%
Bid Document & Proposed GMP Submittal: 10%
Bid Doc & GMP Approval: 5%
Total Project Fee 100%

Approved Reimbursable Expenses*:
Printing costs associated with preparation of Agency Submittals, Bid Packages, Presentation
Materials in support of Program Managers Board and Committee Reports.
Travel costs associated with delivery of Agency Submittals, attendance to meetings &
presentations as requested by the Program Manager or District.

Approved Charges*:
Agency plan check fees, utility fees, permit fees, and other fees or costs associated with carrying
out required approvals and permitting processes, if paid on behalf of the District.
Expenses incurred on behalf of the District as directed in writing.

*Note: Reimbursable Expenses and Charges not explicitly listed above must be approved in writing by the
Program Manager prior to invoicing for reimbursement.

Approved Hourly Rates for Additional Services**:
$125.00/hr Sr. Management Staff
$90.00/hr Project Management Staff
$90.00/hr Field Superintendent Staff
$50.00/hr Administrative & Clerical Support Staff

**Note: Hourly rates only apply to additional services requested by, or approved by the District. Additional
services must be approved in writing by the Program Manager prior to proceeding with work, or invoice for
services.
BOARD AGENDA ITEM


Name of Contributor(s): Jorge Gutierrez Date of Meeting: November 13, 2013


Study Session _____
Closed Session _____
A. Preliminary _____
B. Hearing _____
C. Consent Agenda _____
D. Action Items __X__
E. Reports/Discussion Items(no action) _____
F. Board Policies 1
st
Reading _____ 2
nd
Reading _____

TITLE: Approval of Agreement #13-156 BTC Labs-Vertical Five.,


The District is in the process of closing out past modernization projects with the Division
State Architect (DSA). As part of this effort, BTC Labs-Vertical Five will provide project
inspection and materials testing services for anchor bolt pull tests at the following
school sites: Curren, Harrington, Driffill and Fremont.


FISCAL IMPACT:
$7,510 Measure L funds


RECOMMENDATION:
It is the recommendation of the Executive Director of Facilities, Engineering and
Operations that the Board approve Agreement #13-156 with BTC Labs-Vertical Five to
provide project inspection and material testing services not to exceed $7,510.



ADDITIONAL MATERIAL(S):
1. BTC-Vertical Five proposal
2. Agreement #13-156


DISTRICT GOAL(S):
Provide Quality School Facilities to Meet the Needs of the Students and Staff.





OXNARD SCHOOL DISTRICT

Agreement #13-156


AGREEMENT FOR CONSULTANT SERVICES

This Agreement for Consultant Services (Agreement) is entered into as of this 13th day of November,
2013 by and between the Oxnard School District (District) and BTC Labs Vertical Five (Consultant).
District and Consultant are sometimes hereinafter individually referred to as Party and hereinafter collectively
referred to as the Parties.
RECITALS
A. District is authorized by California Government Code Section 53060, and Board Policy 4368, to contract
with independent contractors for the furnishing of services concerning financial, economic, accounting,
engineering, legal, administrative and other matters. District has sought, by issuance of a Request for Proposals or
Invitation for Bids, the performance of the Services, as defined and described particularly on Exhibit A, attached to
this Agreement.
B. Following submission of a proposal or bid for the performance of the Services, Consultant was selected by
the District to perform the Services.
C. The Parties desire to formalize the selection of Consultant for performance of the Services and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained
here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as
follows:
1. Incorporation of Recitals and Exhibits. The Recitals set forth above and all exhibits attached to this
Agreement, as hereafter amended, are incorporated by this reference as if fully set forth herein.
2. Term of Agreement. Subject to earlier termination as provided below, this Agreement shall remain in
effect from November 14, 2013 through January 14, 2014 (the Term). This Agreement may be extended only
by amendment, signed by the Parties, prior to the expiration of the Term.
3. Time for Performance. The scope of services set forth in Exhibit A shall be completed during the Term
pursuant to the schedule specified Exhibit A. Should the scope of services not be completed pursuant to that
schedule, the Consultant shall be deemed to be in Default as provided below. The District, in its sole discretion,
may choose not to enforce the Default provisions of this Agreement and may instead allow Consultant to continue
performing the Services.
4. Compensation and Method of Payment. Subject to any limitations set forth below or elsewhere in this
Agreement, District agrees to pay Consultant the amounts specified in Exhibit B Compensation. The total
compensation, shall not exceed Seven Thousand Five Hundred Ten Dollars ($7,510.00), unless additional
compensation is approved in writing by the District.
SD #4811-8575-0016 v3 2
a. Each month Consultant shall furnish to District an original invoice for all work performed and
expenses incurred during the preceding month. The invoice shall detail charges by the following
categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-consultant contracts.
Sub-consultant charges, if any, shall be detailed by the following categories: labor, travel, materials,
equipment and supplies. District shall independently review each invoice submitted by the Consultant
to determine whether the work performed and expenses incurred are in compliance with the provisions
of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved
and paid according to the terms set forth in subsection b. In the event any charges or expenses are
disputed by District, the original invoice shall be returned by District to Consultant for correction and
resubmission.
b. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by
District, District will use its best efforts to cause Consultant to be paid within forty-five (45) days of
receipt of Consultants correct and undisputed invoice.
c. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive
any defects in work performed by Consultant.
5. Termination. This Agreement may be terminated at any time by mutual agreement of the Parties or by
either Party as follows:
a. District may terminate this Agreement, with or without cause, at any time by giving thirty (30) days
written notice of termination to Consultant. In the event such notice is given, Consultant shall cease
immediately all work in progress; or
b. Consultant may terminate this Agreement for cause at any time upon thirty (30) days written notice of
termination to District.
6. Inspection and Final Acceptance. District may, at its discretion, inspect and accept or reject any of
Consultants work under this Agreement, either during performance or when within sixty (60) days after submitted
to District. If District does not reject work by a timely written explanation, Consultants work shall be deemed to
have been accepted. Districts acceptance shall be conclusive as to such work except with respect to latent defects,
fraud and such gross mistakes as amount to fraud. Acceptance of any of Consultants work by District shall not
constitute a waiver of any of the provisions of this Agreement including, but not limited to indemnification and
insurance provisions.
7. Default. Failure of Consultant to perform any Services or comply with any provisions of this Agreement
may constitute a default. The District may give notice to Consultant of the default and the reasons for the default.
District shall not have any obligation or duty to continue compensating Consultant for any work performed after the
date of the notice until the default is cured. The notice shall include the timeframe in which Consultant may cure
the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, at the
discretion of the District. During the period of time that Consultant is in default, the District shall hold all invoices
and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the District may, in
its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant
does not cure the default, the District may terminate this Agreement as provided above. Any failure on the part of
the District to give notice of the Consultants default shall not be deemed to result in a waiver of the Districts legal
rights or any rights arising out of any provision of this Agreement.
8. Ownership of Documents. All maps, models, designs, drawings, photographs, studies, surveys, reports,
data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the
course of providing any services pursuant to this Agreement (collectively and individually, the Documents) shall
SD #4811-8575-0016 v3 3
become the sole property of District and may be used, reused or otherwise disposed of by District without the
permission of the Consultant. Upon completion, expiration or termination of this Agreement, Consultant shall turn
over to District all such Documents.
9. Use of Documents by District. If and to the extent that District utilizes for any purpose not related to this
Agreement any Documents, Consultants guarantees and warrants related to Standard of Performance under this
Agreement shall not extend to such use of the Documents.
10. Consultants Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultants performance of services pursuant to this Agreement for a minimum of
three years after termination or expiration of this Agreement, or longer if required by law.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks,
or other documents or records evidencing or relating to work, services, expenditures and disbursements
charged to District pursuant to this Agreement for a minimum of three years, or longer if required by
law, all in accordance with generally accepted accounting principles and with sufficient detail so as to
permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement.
b. Any and all such records or documents shall be made available for inspection, audit and copying, at
any time during regular business hours, upon request by District or its designated representative.
Copies of such documents or records shall be provided directly to the District for inspection, audit and
copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such
documents and records shall be made available at Consultants address indicated for receipt of notices
in this Agreement.
c. District has the right to acquire custody of such records by written request if Consultant decides to
dissolve or terminate its business. Consultant shall deliver or cause to be delivered all such records and
documents to District within sixty (60) days of receipt of the request.
11. Independent Contractor. Consultant is and shall at all times remain a wholly independent contractor and
not an officer, employee or agent of District.
a. The personnel performing the services under this Agreement on behalf of Consultant shall at all times
be under Consultants exclusive direction and control. Consultant, its agents or employees shall not at
any time or in any manner represent that Consultant or any of Consultants officers, employees, or
agents are in any manner officials, officers, employees or agents of District. Neither Consultant, nor
any of Consultants officers, employees or agents, shall, by virtue of services rendered under this
Agreement, obtain any rights to retirement, health care or any other benefits which may otherwise
accrue to Districts employees. Consultant will be responsible for payment of all Consultants
employees wages, payroll taxes, employee benefits and any amounts due for federal and state income
taxes and Social Security taxes since these taxes will not be withheld from payment under this
agreement.
b. Consultant shall have no authority to bind District in any manner, or to incur any obligation, debt or
liability of any kind on behalf of or against District, whether by contract or otherwise, unless such
authority is expressly conferred in writing by District, or under this Agreement.
12. Standard of Performance. Consultant represents and warrants that it has the qualifications, experience
and facilities necessary to properly perform the services required under this Agreement in a thorough, competent
and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability,
experience and talent, perform all services described herein. In meeting its obligations under this Agreement,
SD #4811-8575-0016 v3 4
Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing services similar to those required of Consultant under this Agreement.
13. Confidential Information. All information gained during performance of the Services and all Documents
or other work product produced by Consultant in performance of this Agreement shall be considered confidential.
Consultant shall not release or disclose any such information, Documents or work product to persons or entities
other than District without prior written authorization from the Superintendent of the District, except as may be
required by law.
a. Consultant shall promptly notify District if it is served with any summons, complaint, subpoena or
other discovery request, court order or other request from any party regarding this Agreement or the
work performed hereunder.
b. District retains the right, but has no obligation, to represent Consultant or be present at any deposition,
hearing or similar proceeding. Consultant agrees to cooperate fully with District and to provide District
with the opportunity to review any response to discovery requests provided by Consultant; provided
that this does not imply or mean the right by District to control, direct, or rewrite said response.
14. Conflict of Interest; Disclosure of Interest. Consultant covenants that neither it, nor any officer or
principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner
with the interests of District or which would in any way hinder Consultants performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such
interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent
of the District.
a. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest
with the interests of District in the performance of this Agreement.
b. Bylaws of the Board 9270 BB and 9270(BB) E, as hereinafter amended or renumbered, require that a
Consultant that qualifies as a designated employee must disclose certain financial interests by filing
financial interest disclosures. By its initials below, Consultant represents that it has received and
reviewed a copy of the Bylaws of the Board 9270 BB and 9270(BB) E and that it [____] does [X] does
not qualify as a designated employee.
______ (Initials)
c. Consultant agrees to notify the Superintendent, in writing, if Consultant believes that it is a designate
employee and should be filing financial interest disclosures, but has not been required to do so by the
District.
______ (Initials)
15. Compliance with Applicable Laws. In connection with the Services and its operations, Consultant shall
keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances,
regulations and rules in effect during the Term. Consultant shall obtain any and all licenses, permits and
authorizations necessary to perform the Services. Neither District, nor any elected or appointed boards, officers,
officials, employees or agents of District shall be liable, at law or in equity, as a result of any failure of Consultant
to comply with this section.
a. Without limiting the generality of the foregoing, Consultant shall comply with any applicable
fingerprinting requirements as set forth in the Education Code of the State of California.
______ (Initials)
SD #4811-8575-0016 v3 5
16. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the
Federal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seq., as amended, and in connection therewith,
shall not employ unauthorized aliens as that term is defined in 8 U.S.C.A. 1324a(h)(3). Should Consultant so
employ such individuals for the performance of work and/or services covered by this Agreement, and should any
liability or sanctions be imposed against District for such employment, Consultant hereby agrees to and shall
reimburse District for the cost of all such liabilities or sanctions imposed, together with any and all costs, including
attorneys' fees, incurred by District.
17. Non-Discrimination. Consultant shall abide by the applicable provisions of the United States Civil Rights
Act of 1964 and other provisions of law prohibiting discrimination and shall not discriminate, in any way, against
any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap,
medical condition or marital status in connection with or related to the performance of this Agreement.
18. Assignment. The expertise and experience of Consultant are material considerations for this Agreement.
District has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties
and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not
assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultants duties
or obligations under this Agreement without the prior written consent of the Board of Directors of the District. Any
attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement
entitling District to any and all remedies at law or in equity, including summary termination of this Agreement.
19. Subcontracting. Notwithstanding the above, Consultant may utilize subcontractors in the performance of
its duties pursuant to this Agreement, but only with the prior written consent of the District. The Consultant shall
be as fully responsible to the District for the acts and omissions of his Subcontractors, and of persons either directly
or indirectly employed by him/her, as if the acts and omissions were performed by him/her directly.
20. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and
continuity of Consultants staff and subcontractors, if any, assigned to perform the services required under this
Agreement.
a. Consultant shall insure that District has a current list of all personnel and sub-contractors providing
services under this Agreement.
b. Consultant shall notify District of any changes in Consultants staff and subcontractors, if any, assigned
to perform the services required under this Agreement, prior to and during any such performance. The
list notice shall include the following information: (1) all full or part-time staff positions by title,
including volunteer positions whose direct services are required to provide the services described
herein; (2) a brief description of the functions of each such position and the hours each position works
each week or, for part-time positions, each day or month, as appropriate; (3) the professional degree, if
applicable, and experience required for each position; and (4) the name of the person responsible for
fulfilling the terms of this Agreement.
21. Indemnification.
a. Indemnification for Professional Liability. Where the law establishes a professional standard of care
for Consultants Services, to the fullest extent permitted by law, Consultant shall indemnify, protect,
defend and hold harmless District and any and all of its officials, elected board members, employees
and agents (Indemnified Parties) from and against any and all losses, liabilities, damages, costs and
expenses, including attorneys fees and costs to the extent same are caused in whole or in part by any
negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or sub-
SD #4811-8575-0016 v3 6
consultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the
performance of professional services under this Agreement.
b. Indemnification for Other than Professional Liability. To the full extent permitted by law, Consultant
shall indemnify, protect, defend and hold harmless the Indemnified Parties from and against any
liability (including liability for claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or
threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness
fees), arising out of or in any way attributable to the performance of this Agreement by Consultant or
by any individual or entity for which Consultant is legally liable, including but not limited to officers,
agents, employees or sub-contractors of Consultant.
c. General Indemnification Provisions. Consultant agrees to obtain executed indemnity Agreements with
provisions identical to those set forth here in this section from each and every sub-contractor or any
other person or entity involved by, for, with or on behalf of Consultant in the performance of this
Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required
here, Consultant agrees to be fully responsible according to the terms of this section. Failure of District
to monitor compliance with these requirements imposes no additional obligations on District and will
in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend District as
set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the
termination of this Agreement.
______ (Initials)
d. The provisions of this section do not apply to claims occurring as a result of Districts sole negligence
or willful acts or omissions.
22. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this
Agreement the insurance policies set forth in Exhibit C Insurance and made a part of this Agreement. All
insurance policies shall be subject to approval by District as to form and content. These requirements are subject to
amendment or waiver if so approved in writing by the District Superintendent. Consultant agrees to provide
District with copies of required policies upon request.
23. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be
personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed
as follows:
To District: Oxnard School District
1055 South C Street
Oxnard, California, 93030
Attention: J orge Gutierrez
Phone: (805) 385.1514 x2501
Fax: (805) 486.5848
To Consultant: BTC Labs Vertical Five
1868 Palma Drive, Suite A
Ventura, CA 93003
Attention: Scott Moors
Phone: (805) 656.6074
Fax: (805) 650.6264
SD #4811-8575-0016 v3 7
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile (provided
confirmation of successful facsimile transmission shall be retained) or, if mailed, three (3) days after deposit of the
same in the custody of the United States Postal Service.
24. Excusable Delays. Consultant shall not be liable for damages, including liquidated damages, if any,
caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes
include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts
of District, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and
price of this Agreement shall be equitably adjusted for any delays due to such causes.
25. Authority to Execute. The person or persons executing this Agreement on behalf of Consultant represents
and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Consultant to the
performance of its obligations hereunder.
26. Administration. JORGE GUTIERREZ shall be in charge of administering this Agreement on behalf of
the District. The Administrator has completed Exhibit D Conflict of Interest Check attached hereto.
27. Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and
assigns of the parties.
28. Entire Agreement. This Agreement and the exhibits and documents incorporated herein constitute the
entire agreement and understanding between the parties in connection with the matters covered herein. This
Agreement supersedes any prior understanding or agreement, oral or written, of the parties with respect to said
matters.
29. Amendment. No amendment to or modification of this Agreement shall be valid or binding unless made
in writing by the Consultant and by the District. The parties agree that this requirement for written modifications
cannot be waived and that any attempted waiver shall be void.
30. Waiver. Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement
shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the
provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent
breach or violation of any provision of this Agreement. Acceptance by District of any work or services by
Consultant shall not constitute a waiver of any of the provisions of this Agreement.
31. Governing Law. This Agreement shall be interpreted, construed and governed according to the laws of
the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively
in the County of Ventura, California.
32. Arbitration. Any dispute arising out of the performance of this Agreement shall be resolved by binding
arbitration in accordance with rules and procedures of the American Arbitration Association.
33. Severability. If any term, condition or covenant of this Agreement is declared or determined by any court
of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not
be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable
provision(s).

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
SD #4811-8575-0016 v3 8
IN WITNESS WHEREOF, the District and Consultant have executed and delivered this agreement for consultant
services as of the date first written above.

OXNARD SCHOOL DISTRICT: BTC LABS VERTICAL FIVE:



Signature Signature

Lisa A. Franz, Director of Purchasing
Typed Name/Title Typed Name/Title


Date Date

Tax Identification Number: 95-6002318 Tax Identification Number:
Not Project Related
Project #13-156

SD #4811-8575-0016 v3 Exhibit A page 1

EXHIBIT A
TO AGREEMENT FOR CONSULTANT SERVICES #13-156
SERVICES

I. Consultant will perform the following Services under the Captioned Agreement:

PER ATTACHED PROPOSAL NOs 2013.06.0206, 2013.06.0207, 2013.06.0208, & 2013.06.0209
DATED 10/21/13



II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the District:




III. During performance of the Services, Consultant will keep the District appraised of the status of performance by
delivering the following status reports under the indicated schedule:

STATUS REPORT FOR ACTIVITY: DUE DATE
A. N/A
B.
C.
D.


V. Consultant will utilize the following personnel to accomplish the Services:
None.
See attached list.

VI. Consultant will utilize the following subcontractors to accomplish the Services (check one):
None.
See attached list.

VII. AMENDMENT
The Scope of Services, including services, work product, and personnel, are subject to change by mutual
Agreement. In the absence of mutual Agreement regarding the need to change any aspects of performance,
Consultant shall comply with the Scope of Services as indicated above

Not Project Related
Project #13-156

SD #4811-8575-0016 v3 Exhibit B page 1
EXHIBIT B
TO AGREEMENT FOR CONSULTANT SERVICES #13-156
COMPENSATION

I. Consultant shall use the following rates of pay in the performance of the Services:

Total Compensation Not to Exceed $7,510.00

II. Consultant may utilize subcontractors as indicated in this Agreement. The hourly rate for any
subcontractor is not to exceed the amounts listed in Proposal Nos. 2013.06.0206, 2013.06.0207, 2013.06.0208,
& 2013.06.0209, dated 10/21/13, without written authorization from the District Superintendent or his
designee.

III. The District will compensate Consultant for the Services performed upon submission of a valid invoice.
Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the
hourly rate.

B. Line items for all supplies properly charged to the Services.

C. Line items for all travel properly charged to the Services.

D. Line items for all equipment properly charged to the Services.

E. Line items for all materials properly charged to the Services.

F. Line items for all subcontractor labor, supplies, equipment, materials, and travel properly charged to the
Services.

IV. The total compensation for the Services shall not exceed $7,510.00 as provided in Section 4 of this
Agreement.

Not Project Related
Project #13-156

SD #4811-8575-0016 v3 Exhibit C page 1
EXHIBIT C
TO AGREEMENT FOR CONSULTANT SERVICES #13-156


INSURANCE

I. Insurance Requirements. Consultant shall provide and maintain insurance, acceptable to the District
Superintendent or District Counsel, in full force and effect throughout the term of this Agreement, against claims
for injuries to persons or damages to property which may arise from or in connection with the performance of the
work hereunder by Consultant, its agents, representatives or employees. Insurance is to be placed with insurers
authorized to conduct business in the State of California and with a current A.M. Best's rating of no less than A, as
rated by the Current edition of Bests Key Rating Guide, published by A.M. Best Company, Oldwick, New J ersey
08858. Consultant shall provide the following scope and limits of insurance:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

(1) Commercial General Liability coverage of not less than one million dollars ($1,000,000)
combined single limit, bodily injury, personal injury and property damage liability per occurrence, in a form
acceptable to the District.

(2) Comprehensive general and auto liability insurance with limits of not less than one million
dollars ($1,000,000) per accident for bodily injury and property damage per occurrence. A combined single limit
policy with aggregate limits in an amount of not less than two million dollars ($2,000,000) shall be considered
equivalent to the said required minimum limit. Coverage shall include the following in a form acceptable to the
District:

1. owned, non-owned and hired vehicles;
2. blanket contractual;
3. broad form property damage;
4. products/completed operations; and
5. personal injury.

(3) Workers' Compensation insurance as required by the laws of the State of California.

(4) Professional liability (Errors and Omissions) insurance, including contractual liability, as
appropriate to the Consultants profession. This coverage may be written on a claims made basis and must be
endorsed to be applicable to claims based upon, arising out of or related to Services performed under this
Agreement. The insurance must be maintained for at least 3 consecutive years following the later of the completion
of the Services or the termination of this Agreement. Failure to maintain professional liability insurance is a
material breach of this Agreement and grounds for immediate termination

II. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:

A. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the
coverage shall not be suspended, voided, cancelled by the insurer or either party to this Agreement, reduced in
coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been
given to District.
Not Project Related
Project #13-156

SD #4811-8575-0016 v3 Exhibit C page 2
B. General Liability and Automobile Liability Coverages.

(1) District, and its respective elected and appointed officers, officials, and employees and
volunteers are to be covered as additional insureds (collectively, additional insureds) as respects the following:
liability arising out of activities Consultant performs; products and completed operations of Consultant; premises
owned, occupied or used by Consultant ; or automobiles owned, leased, hired or borrowed by Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to additional insureds.

(2) Each policy shall state that the coverage provided is primary and any insurance carried by
any additional insured is in excess to and non-contributory with Consultants insurance.

(3) Consultants 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.

(4) Any failure to comply with the reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to any additional insured.

III. Other Requirements. Consultant agrees to deposit with District, at or before the effective date of this
contract, certificates of insurance necessary to satisfy District that the insurance provisions of this contract have
been complied with. The District may require that Consultant furnish District with copies of original endorsements
effecting coverage required by this Section. The certificates and endorsements are to be signed by a person
authorized by that insurer to bind coverage on its behalf. District reserves the right to inspect complete, certified
copies of all required insurance policies, at any time.

A. If any Services are performed by subcontractor, Consultant shall furnish certificates and
endorsements from each subcontractor identical to those Consultant provides.

B. Any deductibles or self-insured retentions must be declared to and approved by District. At the
option of District, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects
District or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses
and claims.

C. The procuring of any required policy or policies of insurance shall not be construed to limit
Consultants liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.


Not Project Related
Project #13-156

SD #4811-8575-0016 v3 Exhibit D page 1

EXHIBIT D
TO AGREEMENT FOR CONSULTANT SERVICES #13-156
CONFLICT OF INTEREST CHECK

Bylaws of the Board 9270(BB)E requires that the Superintendent or a designee make a determination, on a case by
case basis, concerning whether disclosure will be required from a consultant to comply with the Districts Conflict
of Interest Code (commencing with Bylaws of the Board 9270 BB).

Consultants are required to file disclosures when, pursuant to a contract with the District, the Consultant will make
certain specified government decisions or will perform the same or substantially the same duties for the District as a
staff person would.


The services to be performed by Consultant under the Agreement to which this Exhibit D is attached [] constitute
[X] do not constitute governmental decisions or staff services within the meaning of the Conflict of Interest Code.
Therefore, the Consultant, BTC LABS VERTICAL FIVE, who will provide Services under the Agreement, [] is
[X] is not subject to disclosure obligations.


Date:

By:
Lisa A. Franz
Director, Purchasing

Board Agenda Item

NAME OF CONTRIBUTOR: Jorge B. Gutierrez DATE OF MEETING: November 13, 2013

Study Session _____
Closed Session _____
A. Preliminary _____
B. Hearing _____
C. Consent Agenda ____
D. Action Items _X____
E. Reports/Discussion Items (no action) _____
F. Board Policies 1st Reading _____ 2
nd
Reading _____

TITLE: Approval of Credit Change Order #2 to Bid #11-02-Soltek Pacific Construction



The Executive Director of Facilities Planning, Engineering & Operations recommends that the Board of
Trustees approve Credit Change Order #2 in the amount of ($33,893.00.00) for Bid #11-02, Driffill
Elementary School P2P Project. The detail scope of work is attached including the credits and charges.

Credit Change Order amount of ($33,893.00) to the original contract price of $17,061,000.00 with Soltek
Pacific Construction will result in a net change of -0.8%.


FISCAL IMPACT

($33,893.00) credit Measure M


RECOMMENDATION:

It is the recommendation of the Executive Director of Facilities Planning, Engineering and Operations that the
Board of Trustees approve Credit Change Order #2 for Bid # 11-02 Driffill School P2P Project.

ADDITIONAL MATERIAL:

1. Credit Change Order #2 (6 pages)
BOARD AGENDA ITEM

Name of Contributor: J orge Gutierrez Date of Meeting: 11/13/13

STUDY SESSION _____
CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT _____
SECTION D: ACTION __X__
SECTION E: REPORTS/DISCUSSION _____
SECTION F: BOARD POLICIES 1
st
Reading _____ 2
nd
Reading _____

Award of Field Contract #FC-P14-01488 ESC Fire Sprinkler Project (Gutierrez)

Proposals were solicited for Field Contract #FC-P14-01488, ESC Fire Sprinkler Project, pursuant to the
Uniform Public Construction Cost Accounting Act. One proposal was received on Tuesday, October 29,
2013. The scope of work involves upgrades to the existing sprinkler system at the Educational Service
Center to meet current codes.

It is requested that the Board of Trustees award Field Contract #FC-P14-01488 to Durbiano Fire
Protection in the amount of $24,060.00. The project will be funded through Developer Fees.


FISCAL IMPACT:

$24,060.00 Developer Fees


RECOMMENDATION:

It is the recommendation of the Executive Director, Facilities Planning, Engineering & Operations, that
the Board of Trustees award Field Contract #FC-P14-01488, ESC Fire Sprinkler Project, in the amount of
$24,060.00 to Durbiano Fire Protection.


ADDITIONAL MATERIALS:

Attached: Field Contract #FC-P14-01488, Durbiano Fire Protection (2 Pages)


DISTRICT GOAL(S):

5 Adopt and Implement a Comprehensive Facilities Program that Improves Student
Performance, Maximizes State Funding Opportunities and Reduces Overcrowding at Existing
School Sites
BOARD AGENDA ITEM


Name of Contributor(s): Dr. Morales Date of Meeting: November 13, 2013


Study Session _____
Closed Session _____
A. Preliminary _____
B. Hearing _____
C. Consent Agenda _____
D. Action Items _____
E. Reports/Discussion Items (no action) _____
F. Board Policies 1
st
Reading _____ 2
nd
Reading _____

Adoption of Resolution #13-14 In Support of English Learner Advisory Committees

DESCRIPTION:
Since 1980 parents of English Learner students throughout California have participated in
school site and district level English Learner Advisory Committees to be involved in their
childrens education as required by California Department of Education categorical program
requirements. The Local Control Funding Formula (LCFF) currently under consideration in
Sacramento as the 2013-14 State budget proposal would eliminate the requirement for English
Learner Advisory Committees.

OSD recognizes that the English Learner Advisory Committee (ELAC) and the District English
Learner Advisory Committee (DELAC) provide essential opportunities for parents of English
Learner students to be involved in their childrens education.


FISCAL IMPACT: None


RECOMMENDATION:
It is the recommendation of the District Superintendent that the Board of Trustee consider
adopting Resolution #13-14 In Support of English Learner Advisory Committees, to provide
essential opportunities for parents of English Learner students to be involved in their childrens
education and support of maintaining state requirements for school districts to establish ELAC
and DELACs, regardless of LCFF changes.


ADDITIONAL MATERIAL(S):
Resolution #13-14 In Support of English Learner Advisory Committees


DISTRICT GOAL(S):
Goal 1 Improve Communication with Community and Staff
Goal 2 Create an Environment of Cultural Proficiency in our Classrooms, in the
Workplace, and in the Community that Promotes a Healthy, Safe, Diverse and Inclusive
Educational Environment.

RESOLUTION NO. 13-14

OXNARD SCHOOL DISTRICT
BOARD OF TRUSTEES

I N SUPPORT OF ENGLI SH
LEARNER ADVI SORY COMMI TTEES

WHEREAS, since 1980 parents of English Learner students throughout California have participated in
school site and district level English Learner Advisory Committees to be involved in their childrens education as
required by California Department of Education categorical program requirements; and
WHEREAS, parent involvement is recognized as the key factor in students academic success; and
WHEREAS, the success of all students is essential to our Community, State and Nation; and
WHEREAS, English Learner Advisory Committees are often the only on-site forums available to non-
English speaking parents to become informed about and participate in their childs education; and
WHEREAS, Oxnard School District recognizes that English Learner Advisory Committees are essential
partners in our educational community; and
WHEREAS, Oxnard School District English Learner Advisory Committees parents report that English
Advisory Committees participation contributes greatly to their childrens success in school; and
WHEREAS, English Learner Advisory Committees are most effective when guided by legal requirements
that are consistently applied throughout California; and
WHEREAS, the Local Control Funding Formula currently under consideration in Sacramento as the 2013-
14 State budget proposal would eliminate the requirement for English Learner Advisory Committees.
THEREFORE BE IT RESOLVED, that the Board of Trustees of the Oxnard School District supports the
continued role of English Learner Advisory Committees in our educational community; and
BE IT FURTHER RESOLVED, that the Board of Trustees of the Oxnard School District recommends that
California Department of Education categorical program requirements remain in place guiding the formation and
responsibilities of English Learner Advisory Committees at the site and district levels in California public schools;
and
BE IT FURTHER RESOLVED that the local Control Funding Formula include language requiring the
establishment and funding of English Learner Advisory Committees at the district and school site levels for parents
of English Learners to remain involved in their childrens education in California public schools.
PASSED and ADOPTED by the Board of Trustees of the Oxnard School District this 13th day of
November, 2013.

_________________________________ ______________________________
President, Board of Trustees Clerk, Board of Trustees

_________________________________ ______________________________
Member, Board of Trustees Member, Board of Trustees

________________________________
Member, Board of Trustees
BOARD AGENDA ITEM

Name of Contributor(s): Dr. Nancy J. Carroll Date of Meeting: November 13, 2013

Closed Session: ____________________
A. Preliminary _____
B. Hearing: _____
C. Consent Agenda _____
D. Action Items __X__
E. Reports/Discussion Items (no action) _____
F. Board Policies 1
st
Reading _____ 2
nd
Reading ____

Title: Approval of the Oxnard School District and Oxnard California School
Employees Association 2013-2014 Revisions of the 2011-2014
Collective Bargaining Agreement (Carroll)

EXECUTIVE SUMMARY (description of item):
The Oxnard School District (District) and the Oxnard California School Employees
Association (CSEA) have reached an agreement on the 2013-2014 revisions of the
2011-2014 Collective Bargaining Agreement. The negotiating teams met during the
Spring and Summer of 2013 and on October 2, 2013. The process utilized Interest
Based Bargaining (IBB) under the facilitation of Joanne Bodine, Interest Based
Bargaining trainer and facilitator. I wish to acknowledge and thank the following team
members for their dedicated work to develop a comprehensive collective bargaining
agreement via the IBB process:

CSEA Bargaining Team OSD District Bargaining Team
Clara Ramos, CSEA President Lisa Cline, Chief Negotiator
Manuel Hernandez Maria Elena Plaza
John Avalos Sally Wennes
Ilene Poland Ben Tirado
Marco Jimenez Jorge Guiterrez
Luz Chavez Nancy J. Carroll
Jabbar Wofford
Rita Guevara
Mark Love, CSEA Representative


The following Articles were discussed, negotiated and revised:

Article 9: Pay Allowances
New language is added stating that there will be a 1.565% on-schedule,
on-going salary increase retro to July 1, 2013, plus a 4% one-time, off-schedule salary
payment to all employees in a paid status as of the date of ratification. If the total
revenues increase over $97 million, as indicated on the multi-year projection for 2013-
2014 fiscal year, CSEA and the District agree to meet and negotiate the effects of this
additional revenue.

Article 13: Health and Welfare Benefits
No changes were made to this Article.

Article 14: Annual Work Calendar and Holidays
The 2013-2014 work year calendar was reviewed. December mandatory
holidays are to remain as previously designated.

Article 15: Vacation Plan
Section 15.1 Core Value language was deleted from Article 15.
The Association and District agree it is important that unit members be at their
work stations during the days students are in school and/or at times that
maximize student learning.

Article 16: Leaves
Section 16.1.1.4 was revised to clarify sick leave accrual for unit
members. New language replaced existing language.
If hired or separated from service after the first day of a month, the unit member
will accrue a prorated amount based on the number of days in the month.

Article 17: Transfers
New language was added to 17.4 to allow any unit member affected by a
transfer, the opportunity to meet with the Director of Classified Human Resources and a
CSEA representative within 2 working days.

CSEA ratified the contract with its unit members on October 17, 2013.

FISCAL IMPACT:
The fiscal impact will be $1,348,378 for 2013-2014.

In accordance with AB 1200 and Government Code Section 3547.5 and prepared by
Lisa Cline, please find the Public Disclosure of Collective Bargaining Agreement costs
for the agreement with the Oxnard School District California School Employees
Association.

RECOMMENDATION:
The 2011-2014 Collective Bargaining Agreement between the Oxnard School District
and the California School Employees Association is presented to the Governing Board
for consideration and approval. Included for your information is a copy of the revised
contract as negotiated.

ADDITIONAL MATERIAL(S):
CSEA Ratification Notice
AB 1200 Public Disclosure of Collective Bargaining Agreement Letter
CSEA 2013-2014 Salary Schedule
Copy of the 2011-2014 OSD/CSEA Contract

DISTRICT GOAL(S):
1 - Improve Communication with Community and Staff
6 - Develop the Annual Budget to Support the Educational Goals of the District
CSEA/OSD 2013-2014 CLASSIFIED SALARY SCHEDULE (Eff. 7/1/2013) MONTHLY
Step A Step B Step C Step D Step E
Range 3.0 $1,343 $1,412 $1,481 $1,557 $1,633
Range 3.5 $1,375 $1,447 $1,518 $1,594 $1,675
Range 4.0 $1,412 $1,481 $1,557 $1,633 $1,714
Range 4.5 $1,447 $1,518 $1,594 $1,675 $1,758
Range 5.0 $1,481 $1,557 $1,633 $1,714 $1,803
Range 5.5 $1,518 $1,594 $1,675 $1,758 $1,847
Range 6.0 $1,557 $1,633 $1,714 $1,803 $1,893
Range 6.5 $1,594 $1,675 $1,758 $1,847 $1,939
Range 7.0 $1,633 $1,714 $1,803 $1,893 $1,985
Range 7.5 $1,675 $1,758 $1,847 $1,939 $2,034
Range 8.0 $1,714 $1,803 $1,893 $1,985 $2,085
Range 8.5 $1,758 $1,847 $1,939 $2,034 $2,137
Range 9.0 $1,803 $1,893 $1,985 $2,085 $2,188 Employee Anniversary Increments:
Range 9.5 $1,847 $1,939 $2,034 $2,137 $2,243
Range 10.0 $1,893 $1,985 $2,085 $2,188 $2,301
Range 10.5 $1,939 $2,034 $2,137 $2,243 $2,356
Range 11.0 $1,985 $2,085 $2,188 $2,301 $2,414
Range 11.5 $2,034 $2,137 $2,243 $2,356 $2,476
Range 12.0 $2,085 $2,188 $2,301 $2,414 $2,534
Range 12.5 $2,137 $2,243 $2,356 $2,476 $2,596
Range 13.0 $2,188 $2,301 $2,414 $2,534 $2,661
Range 13.5 $2,243 $2,356 $2,476 $2,596 $2,725
Range 14.0 $2,301 $2,414 $2,534 $2,661 $2,794
Range 14.5 $2,356 $2,476 $2,596 $2,725 $2,866 $61.00
Range 15.0 $2,414 $2,534 $2,661 $2,794 $2,932 $122.00
Range 15.5 $2,476 $2,596 $2,725 $2,866 $3,006 $183.00
Range 16.0 $2,534 $2,661 $2,794 $2,932 $3,079 $244.00
Range 16.5 $2,596 $2,725 $2,866 $3,006 $3,158 $305.00
Range 17.0 $2,661 $2,794 $2,932 $3,079 $3,234
Range 17.5 $2,725 $2,866 $3,006 $3,158 $3,315
Range 18.0 $2,794 $2,932 $3,079 $3,234 $3,395
Range 18.5 $2,866 $3,006 $3,158 $3,315 $3,481 Night Shift Pay Differential:
Range 19.0 $2,932 $3,079 $3,234 $3,395 $3,566
Range 19.5 $3,006 $3,158 $3,315 $3,481 $3,656
Range 20.0 $3,079 $3,234 $3,395 $3,566 $3,745
Range 20.5 $3,158 $3,315 $3,481 $3,656 $3,840
Range 21.0 $3,234 $3,395 $3,566 $3,745 $3,934
Range 21.5 $3,315 $3,481 $3,656 $3,840 $4,031
Range 22.0 $3,395 $3,566 $3,745 $3,934 $4,128
Range 22.5 $3,481 $3,656 $3,840 $4,031 $4,234
Range 23.0 $3,566 $3,745 $3,934 $4,128 $4,335 Bilingual Stipend:
Range 23.5 $3,656 $3,840 $4,031 $4,234 $4,445
Range 24.0 $3,745 $3,934 $4,128 $4,335 $4,549
Range 24.5 $3,840 $4,031 $4,234 $4,445 $4,665
Range 25.0 $3,934 $4,128 $4,335 $4,549 $4,775
Range 25.5 $4,031 $4,234 $4,445 $4,665 $4,899
Range 26.0 $4,128 $4,335 $4,549 $4,775 $5,015
Range 26.5 $4,234 $4,445 $4,665 $4,899 $5,143
Range 27.0 $4,335 $4,549 $4,775 $5,015 $5,263
Range 27.5 $4,445 $4,665 $4,899 $5,143 $5,401
Range 28.0 $4,549 $4,775 $5,015 $5,263 $5,526
Range 28.5 $4,665 $4,899 $5,143 $5,401 $5,669
Range 29.0 $4,775 $5,015 $5,263 $5,526 $5,804
Range 29.5 $4,899 $5,143 $5,401 $5,669 $5,952
Range 30.0 $5,015 $5,263 $5,526 $5,804 $6,093
Range 30.5 $5,120 $5,376 $5,645 $5,927 $6,224
Range 31.0 $5,248 $5,511 $5,786 $6,075 $6,379
Range 31.5 $5,379 $5,648 $5,931 $6,227 $6,539
Range 32.0 $5,514 $5,790 $6,079 $6,383 $6,702
Unit members who regularly work more
than fifty (50) percent of their assigned
duty time after six (6) p.m. will be
compensated by an additional five (5)
percent pay differential.
Positions which have been designated
as bilingual and for which there is not a
specific minimum requirement of
bilingual skill for all incumbents of the
class shall receive a stipend of three (3)
percent.
Anniversary increments in the amount
of $61 shall be added to the monthly
compensation of full-time classified
employees upon completion of the 7th,
10th, 15th, 20th, and 25th years of
service. This formula yields the
following dollar values which shall be
added to the monthly compensation of
classified employees:
15 years of service:
20 years of service:
25 years of service:
7 years of service:
10 years of service:
CSEA/OSD 2013-2014 CLASSIFIED SALARY SCHEDULE (Eff. 7/1/2013) HOURLY
Step A Step B Step C Step D Step E
Range 3.0 7.72 8.12 8.51 8.95 9.38
Range 3.5 7.90 8.32 8.72 9.16 9.63
Range 4.0 8.12 8.51 8.95 9.38 9.85
Range 4.5 8.32 8.72 9.16 9.63 10.11
Range 5.0 8.51 8.95 9.38 9.85 10.36
Range 5.5 8.72 9.16 9.63 10.11 10.61
Range 6.0 8.95 9.38 9.85 10.36 10.88
Range 6.5 9.16 9.63 10.11 10.61 11.14
Range 7.0 9.38 9.85 10.36 10.88 11.41
Range 7.5 9.63 10.11 10.61 11.14 11.69
Range 8.0 9.85 10.36 10.88 11.41 11.98
Range 8.5 10.11 10.61 11.14 11.69 12.28
Range 9.0 10.36 10.88 11.41 11.98 12.57 Employee Anniversary Increments:
Range 9.5 10.61 11.14 11.69 12.28 12.89
Range 10.0 10.88 11.41 11.98 12.57 13.22
Range 10.5 11.14 11.69 12.28 12.89 13.54
Range 11.0 11.41 11.98 12.57 13.22 13.87
Range 11.5 11.69 12.28 12.89 13.54 14.23
Range 12.0 11.98 12.57 13.22 13.87 14.56
Range 12.5 12.28 12.89 13.54 14.23 14.92
Range 13.0 12.57 13.22 13.87 14.56 15.30
Range 13.5 12.89 13.54 14.23 14.92 15.66
Range 14.0 13.22 13.87 14.56 15.30 16.06
Range 14.5 13.54 14.23 14.92 15.66 16.47 $0.35
Range 15.0 13.87 14.56 15.30 16.06 16.85 $0.70
Range 15.5 14.23 14.92 15.66 16.47 17.28 $1.05
Range 16.0 14.56 15.30 16.06 16.85 17.69 $1.40
Range 16.5 14.92 15.66 16.47 17.28 18.15 $1.75
Range 17.0 15.30 16.06 16.85 17.69 18.59
Range 17.5 15.66 16.47 17.28 18.15 19.05
Range 18.0 16.06 16.85 17.69 18.59 19.51
Range 18.5 16.47 17.28 18.15 19.05 20.01 Night Shift Pay Differential:
Range 19.0 16.85 17.69 18.59 19.51 20.50
Range 19.5 17.28 18.15 19.05 20.01 21.01
Range 20.0 17.69 18.59 19.51 20.50 21.52
Range 20.5 18.15 19.05 20.01 21.01 22.07
Range 21.0 18.59 19.51 20.50 21.52 22.61
Range 21.5 19.05 20.01 21.01 22.07 23.17
Range 22.0 19.51 20.50 21.52 22.61 23.73
Range 22.5 20.01 21.01 22.07 23.17 24.34
Range 23.0 20.50 21.52 22.61 23.73 24.91 Bilingual Stipend:
Range 23.5 21.01 22.07 23.17 24.34 25.54
Range 24.0 21.52 22.61 23.73 24.91 26.14
Range 24.5 22.07 23.17 24.34 25.54 26.81
Range 25.0 22.61 23.73 24.91 26.14 27.44
Range 25.5 23.17 24.34 25.54 26.81 28.15
Range 26.0 23.73 24.91 26.14 27.44 28.82
Range 26.5 24.34 25.54 26.81 28.15 29.56
Range 27.0 24.91 26.14 27.44 28.82 30.25
Range 27.5 25.54 26.81 28.15 29.56 31.04
Range 28.0 26.14 27.44 28.82 30.25 31.76
Range 28.5 26.81 28.15 29.56 31.04 32.58
Range 29.0 27.44 28.82 30.25 31.76 33.35
Range 29.5 28.15 29.56 31.04 32.58 34.21
Range 30.0 28.82 30.25 31.76 33.35 35.02
Range 30.5 29.43 30.90 32.44 34.06 35.77
Range 31.0 30.16 31.67 33.25 34.92 36.66
Range 31.5 30.92 32.46 34.09 35.79 37.58
Range 32.0 31.69 33.27 34.94 36.68 38.52
Positions which have been designated
as bilingual and for which there is not a
specific minimum requirement of
bilingual skill for all incumbents of the
class shall receive a stipend of three (3)
percent.
7 years of service:
Unit members who regularly work more
than fifty (50) percent of their assigned
duty time after six (6) p.m. will be
compensated by an additional five (5)
percent pay differential.
25 years of service:
10 years of service:
15 years of service:
20 years of service:
Anniversary increments in the amount
of $61 shall be added to the monthly
compensation of full-time classified
employees upon completion of the 7th,
10th, 15th, 20th, and 25th years of
service. This formula yields the
following dollar values which shall be
added to the hourly compensation of
classified employees:







CONTRACT

BETWEEN
THE

OXNARD SCHOOL DISTRICT



AND
THE


CALIFORNIA SCHOOL EMPLOYEES
ASSOCIATION
CHAPTER 272







Includes 2013-2014 Revisions
2011-2014
CSEA/OSD CONTRACT 2011-2014

TABLE OF CONTENTS
ARTICLE SUBJECT PAGE

Definitions 1
Signatures Dated October 2, 2013 2
Preamble and Signatures Dated January 18, 2012 3
1 Recognition 4
2 Check-Off and Organizational Security 5
3 Organizational Rights 7
4 Stewards 9
5 Employee Rights 10
6 Child Abuse Reporting Procedure 12
7 Evaluations 13
8 Hours and Overtime 15
9 Pay Allowances 22
10 Anniversary Date 27
11 Professional Growth Awards Program 28
12 Employee Expenses and Materials 34
13 Health and Welfare Benefits 37
14 Annual Work Calendar and Holidays 42
15 Vacation Plan 44
16 Leaves 47
17 Transfers 60
18 Promotion 64
19 Classification/Reclassification and Reinstatement 66
20 Layoff, Reemployment, and The Effects 69
21 Disciplinary Action 74
22 Grievances 76
23 Contracting Out 80
24 Safety 83
25 Effects of Agreement 84
26 Severability 85
27 Concerted Activities 86
28 District Rights 87
29 Term of Agreement 88
30 Campus Assistants 89
Appendix A Classifications and Salary Schedule 115
Appendix B Dues/Service Fee Schedule 118
Appendix C Evaluation Forms 119
Appendix D Grievance Forms 122
Appendix E Memorandum of Understanding 125
CSEA/OSD CONTRACT 2011-2014

Appendix F Letter of Understanding 126
Appendix G - Instructional Assistants With Benefits 127
Appendix H 2011-2012 CSEA Work Calendar 128
Appendix I 2012-2013 CSEA Work Calendar 129
Appendix J 2013-2014 CSEA Work Calendar 130
Appendix K Multi-Year Projection 131
CSEA/OSD CONTRACT 2011-2014

ALPHABETICAL TABLE OF CONTENTS

Anniversary Date 27
Assignment of Temporary Extra Hours 18
Benefits, Health and Welfare 37
Benefits, Retiree 38
Breaks (rest periods) 17
Bumping Rights 70
Call-Back/Call-In 16
Campus Assistants 89
Check-Off and Organizational Security 5
Child Abuse Reporting Procedure 12
Classification/Reclassification 66
Compensatory Time 16
Contracting Out 80
Differential, Bilingual 24
Differential, Night Shift Pay 24
Disciplinary Action 74
Drug and Alcohol Testing Procedures 83
Dues Deductions 5
Employee Rights 10
Evaluations 13
Grievances 76
Holidays 42
Hours and Overtime 15
Job Titles 115
Jury Duty 53
Layoff, Reemployment, and the Effects 69
Leaves 47
Leaves, Bereavement 48
Leaves, Emergency (Natural Disasters) 59
Leaves, Family Care and Medical 56
Leaves, Industrial Accident and Illness 50
Leaves, Non-Industrial Accident or Illness 52
Leaves, Official Business 54
Leaves, Personal Necessity 49
CSEA/OSD CONTRACT 2011-2014


ALPHABETICAL TABLE OF CONTENTS

Leaves, Pregnancy Disability and Maternity 48
Leaves, Sick 47
Leaves, Without Pay 55
Life Insurance 37
Lodging 23
Meal Periods 17
Mileage 23
Minimum Call-Back/Call-In Time 16
Modified Year 20
Organizational Rights 7
Overtime 15
Pay Allowances 22
Physical Examination 35
Professional Growth Awards Program 28
Promotion 64
Property, Replacing or Repair Unit Member's 34
Rest Periods 17
Rule of 75 (Formula for Retiree Benefits Eligibility) 41
Safety 83
Safety Equipment 36
Signature Page 3
Split Shift 16
Stewards 9
Transfers 60
Uniforms 35
Vacation Plan 44
Volunteers, Use of 81
Work Load 19
Workday 15
Working Out of Classification 23
Workweek 15
1



Definitions: 1
Arbitrary 2
Subject to individual will or judgment, contingent solely on ones discretion 3
without restriction. 4
Break in Service 5
A period of time less than 39 months, when a permanent employee leaves 6
District employment for any reason and returns to employment. 7
Campus Assistants 8
Campus Assistants are also known as Playground Assistants. 9
Capricious 10
A tendency to change ones mind without adequate motive. 11
Hire Date 12
Hire date shall be defined as the first date in paid service in a permanent position 13
(see Article 17-Transfer; and Article 16-Leave-16.20). 14
Immediate Supervisor 15
The Immediate supervisor shall be the direct supervisor of the unit member. This 16
position will evaluate unit members and will also provide permission to utilize 17
vacation leave and Personal Necessity Leave requested by unit members. 18
Seniority 19
For purposes of the contract, seniority shall be synonymous with Length of 20
Service defined as a unit members hire date into a permanent position with the 21
affected classification including equal or higher classes. 22
Supervisor 23
Any administrator or manager who is not the immediate supervisor of the unit 24
member. 25
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31
32
2


1
2
3


1
2
3
4

Article 1: Recognition

ARTICLE 1: RECOGNITION 1
1.1 The Board confirms its recognition of the California School 2
Employees Association and its Oxnard Chapter #272, hereinafter called 3
"Association," as the exclusive representative for that unit of employees 4
recognized by the Board per its Resolution dated May 12, 1976, and 5
modifications incorporated therein. The CSEA unit shall include all regularly 6
employed full-time and part-time classified employees in the classes as noted on 7
Classifications by Series attached hereto as Appendix A and incorporated herein 8
by reference as though fully set forth. 9
1.2 All newly created positions except those that are lawfully 10
certificated, management, confidential or supervisory shall be assigned to the 11
bargaining unit and the Association shall be notified. 12
1.3 The District shall notify CSEA of actions to establish 13
supervisory, management, and confidential positions. Disputes arising from 14
Board designation of supervisory, management, and confidential positions shall 15
be resolved by mutual agreement or through the procedures of the PERB for unit 16
disputes. 17
1.4 The Board confirms its recognition of the California School 18
Employees and its Oxnard Chapter #272 as the exclusive representative for that 19
group of employees known as Campus Assistants effective November 4, 2009. 20
1.4.1 Pursuant to Education Code Sections 45256, Campus 21
Assistants are not considered to be classified employees unless the unit member 22
in the position also works in a classified position under Article 1.1 above. 23
1.4.2 For purposes of this agreement, Campus Assistants rights 24
are defined by this article and those provisions enumerated in Article 30, 25
exclusively. 26
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5

Article 2: Check-Off and Organizational Security
ARTICLE 2: CHECK-OFF AND ORGANIZATIONAL SECURITY 1
2.1 Check-Off: CSEA shall have the sole and exclusive right to 2
have membership dues and service fees deducted for members of the bargaining 3
unit by the District. The District shall, upon appropriate written authorization from 4
any member of the bargaining unit, deduct and make appropriate remittance for 5
insurance premiums, credit union payments, savings bonds, charitable 6
donations, or other plans or programs jointly approved by CSEA and the District. 7
The District shall pay to the designated payee within fifteen (15) days of the 8
deductions all sums so deducted. 9
2.2 Dues Deductions: 10
2.2.1 The District shall deduct, in accordance with the CSEA dues 11
and service fee schedule attached hereto and marked Appendix B, dues from the 12
wages of all unit members who are members of CSEA on the date of the 13
execution of this Agreement, and from the wages of all members of the 14
bargaining unit who, after the date of execution of this Agreement, become 15
members of CSEA and submit to the District the dues authorization form. 16
2.2.2 The District shall immediately notify the CSEA chapter 17
president if any unit member revokes his/her dues authorization. 18
2.3 Service Fee: 19
2.3.1 CSEA and the District agree that each member of the 20
bargaining unit should contribute equally toward the cost of administration of this 21
Agreement by CSEA and for representation of members of the bargaining unit of 22
CSEA. 23
2.3.2 Members of the bargaining unit who are not members of 24
CSEA on the effective date of this Agreement and unit members who hereafter 25
come into the bargaining unit shall either, within thirty (30) days of the date of this 26
Agreement, or within thirty (30) days of their employment or rehire, or within thirty 27
(30) days of their return from an unpaid leave of absence, apply for membership 28
and execute an authorization for dues deduction on a form provided by CSEA, or 29
in the alternative, the District shall deduct from the salaries of unit members not 30
applying for membership a service fee as set forth in the CSEA Dues Service 31
Fee Schedule attached hereto as Appendix B and incorporated herein by 32
reference as though fully set forth. 33
2.3.3 However, nothing contained herein shall prohibit a unit 34
member from paying service fees directly to CSEA in accordance with CSEA 35
procedure. 36
6

Article 2: Check-Off and Organizational Security
2.3.4 In the event that a unit member revokes his/her dues or 1
service fee authorization or fails to make arrangements with CSEA for the direct 2
payment of service fees, the District shall deduct service fees until such time as 3
CSEA notifies the District that arrangements have been made for the payment of 4
such fees. 5
2.4 Religious Objection: 6
2.4.1 Any unit member covered by this Agreement who is a 7
member of a religious body whose traditional tenets or teachings include 8
objections to joining or financially supporting employee organizations, shall not 9
be required to join, maintain membership in, or financially support any employee 10
organization as a condition of employment, except that once such unit member 11
has submitted evidence to CSEA which proves that he/she sincerely holds such 12
beliefs will be required in lieu of such service fees, to pay sums equal to such 13
service fees to a nonreligious, nonlabor organization charitable fund, exempt 14
from taxation under Section 501(c) (3) of the Internal Revenue Code, chosen by 15
the unit member from the following list of three (3): 16
(a) United Way; 17
(b) Salvation Army; or 18
(c) Ronald McDonald House Charities 19
2.4.2 Evidence that such a unit member belongs to a religious 20
body described herein shall, within thirty (30) days of the date of this Agreement, 21
or their employment, be presented to CSEA and the unit member shall execute a 22
written authorization for the payroll deduction in an amount equal to the service 23
fee payable to one of the three (3) organizations listed in Section 2.4.1 of this 24
Agreement. In the alternative, such unit member shall provide proof that 25
payments have been made on an annual basis as a condition of continued 26
exemption from the requirement of financial support to the exclusive 27
representative. 28
2.5 Hold Harmless: CSEA shall indemnify and hold the District 29
harmless from any and all claims, demands, or suits, or any other action arising 30
from the organizational security provisions contained herein. 31
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7

Article 3: Organizational Rights
ARTICLE 3: ORGANIZATIONAL RIGHTS 1
3.1 CSEA Rights: CSEA shall have the following rights in 2
addition to the rights contained in any other portion of this Agreement: 3
3.1.1 The right to use, without charge, District-designated bulletin 4
boards, mailboxes, the use of the school mail delivery system and email system 5
for legal purposes. Materials placed on bulletin boards and into the District mail 6
system and email system shall bear the name of the Association and the name of 7
the Association official responsible for its preparation. 8
3.1.2 The right to review a unit member's personnel file and any 9
other records dealing with the unit member when accompanied by the member or 10
on presentation of a written authorization signed by the member. 11
3.1.3 Upon request, the CSEA chapter president shall be provided 12
a copy of any current non-confidential material within the Association's scope of 13
representation of members of the Oxnard CSEA bargaining unit including, but not 14
limited to, budget and financial documents which have been presented to the 15
Board of Trustees. 16
3.1.4 CSEA shall have the right of access to the unit members 17
during rest periods, lunch periods, and before and after the work shift, provided 18
that communication with unit members does not interfere with the work of others 19
or of the instructional program. CSEA representatives shall notify the site 20
administrator of his/her presence at the site prior to contacting bargaining unit 21
members. 22
3.1.5 Upon request, the District shall provide the CSEA chapter 23
president, CSEA negotiators, and every work site annually a current seniority list 24
of bargaining unit members. 25
3.1.6 The right to be supplied with a complete alphabetized roster 26
of all bargaining unit members, indicating each person's present classification, 27
number of assigned hours and job site. In addition, a monthly update to the 28
roster shall be provided to the chapter treasurer, including new hires, rehires, 29
transfers, any employees leaving or returning from an unpaid leave (which 30
necessitated membership/service fee drop), and changes in assigned hours. 31
3.1.7 The Association president or his/her designee(s) shall be 32
authorized to utilize paid Association leave; 33
3.1.7.1 A maximum per year of sixty (60) working days (480 hours); 34
35
8

Article 3: Organizational Rights
3.1.7.2 Up to an additional five (5) working days (40 hours) shall be 1
granted provided the Association pays the unit member's rate for each day of 2
such leave. 3
3.1.7.3 Up to an additional ten (10) working days (80 hours) shall be 4
granted provided the Association pays the unit member's rate for each day of 5
such leave. 6
3.1.8 During the term of the contract, the District shall continue 7
with its practice of allowing unit members to utilize compensatory time and/or 8
vacation time to attend to duties as state officers. Time off for this purpose shall 9
be scheduled with mutual consent of the District. 10
3.2 Release Time for Negotiations: CSEA shall have the right to 11
designate up to a maximum of seven (7) unit members (which includes one 12
representative from the Campus Assistants group), who shall be given 13
reasonable release time to participate in negotiations. 14
3.3 Distribution of Contract: Within thirty (30) days after 15
ratification of this contract by the CSEA members and the Board of Trustees, the 16
District shall duplicate and provide, without charge, a copy of the Agreement and 17
any subsequent amendments to each bargaining unit member. Any person who 18
becomes a member of the bargaining unit after the execution of this Agreement 19
shall be provided with a copy of this Agreement and any subsequent 20
amendments, without charge. This information shall be provided either by a 21
paper copy, CD Rom, or by web access, at the members request. The unit 22
members choice shall remain on file at Human Resources and may be changed 23
at any time. 24
3.4 Chapter Meeting Time Off: When a regular or special 25
Association meeting is scheduled after 5:00 p.m., members whose normal 26
working hours fall during this period shall be allowed to leave their jobs, with prior 27
notification to the supervisor, to attend the meeting. They shall sign an 28
attendance roster which shall be available to the District for verification of 29
attendance. Upon completion of the meeting, the unit member is expected to 30
immediately return to active duty. 31
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9

Article 4: Stewards
ARTICLE 4: STEWARDS 1
4.1 Purpose: CSEA shall have the right to designate stewards 2
from among the unit members for the purpose of assisting other unit members in 3
settling their problems at the lowest level of supervision. 4
4.2 Selection: CSEA shall designate one (1) unit member at 5
each work site to serve as a steward. In addition, one of the members of the 6
chapter executive board shall be designated as chief steward and who, at the 7
option of CSEA, may function as a steward. 8
4.3 Notification to the District: CSEA shall notify the District in 9
writing of the names of the stewards and chief steward selected no later than 10
thirty (30) days following the signing of this Agreement. If a subsequent change 11
is made in the appointment of a steward, the District shall be advised in writing of 12
such change. 13
4.4 Duties: The following shall constitute the duties and 14
responsibilities of the steward: (1) After notifying his/her supervisor, the steward 15
shall be permitted to leave his/her normal work area during reasonable times in 16
order to assist in the presentation of a grievance, disciplinary action, or other 17
representational issue. Whenever possible, investigation of a grievance, 18
disciplinary action, or other representational issue shall occur outside of the unit 19
member's normal working hours. However, should a situation be deemed as 20
requiring on-the-job investigation during working hours in order to achieve a fair 21
resolution of the problem, release time will be granted by a request from the 22
steward to the Superintendent or his/her designee. (2) Whenever a steward's 23
request to be released from his/her work assignment cannot be immediately 24
granted because his/her absence will adversely affect the level of service, or the 25
particular job the person has been assigned to complete, the job steward shall be 26
permitted to leave his/her normal work area as soon as possible. It is understood 27
and agreed that under this Article only one steward will be released during 28
his/her work assignment to complete the duties and responsibilities described 29
above. 30
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10
Article 5: Employee Rights
ARTICLE 5: EMPLOYEE RIGHTS 1
5.1 Personnel Files: The personnel file of each unit member 2
shall be maintained at the District's central administration office. No adverse 3
action of any kind shall be taken against a unit member based upon materials 4
that are not in the personnel file. 5
5.1.1 The unit member shall have a reasonable amount of time to 6
review and inspect his/her personnel file, or any derogatory material to be placed 7
in his/her file, during normal business hours without loss of pay. Unit members 8
shall first call the personnel office to schedule an appointment. A unit member 9
shall have the right to obtain copies of any of the materials contained in his/her 10
personnel file with the exception of material that includes ratings, reports, or 11
records which were obtained prior to employment with the District. 12
5.1.2 Material of a derogatory nature shall not be entered or filed 13
unless and until the unit member has been given notice and an opportunity to 14
receive, review and comment thereon. The District administrator or supervisor 15
preparing derogatory material to be entered in a unit members personnel file 16
shall first meet with the unit member to discuss the content of the material. The 17
unit member shall be given an opportunity to sign the material. His/her signature 18
shall indicate that he/she has had the opportunity to review the material. The unit 19
members signature does not imply that he/she agrees with the material. Should 20
the unit member refuse to sign the material, the CSEA President shall be notified 21
in writing of the refusal to sign by the Administrator. Such notification shall be 22
written on the material. A unit member shall have the right to enter, and have 23
attached to any such derogatory material, his/her own comments thereon. If, 24
through the District's complaint procedure, it is determined that derogatory 25
material placed in a unit member's personnel file contains unsubstantiated 26
opinion, then the material will either be removed or rewritten to correct that 27
portion of the material that has no basis in fact. 28
5.1.3 All personnel files shall be kept in confidence and shall be 29
available for inspection by other District employees only when actually necessary 30
for the proper administration of the District's affairs or the supervision of the unit 31
member. The District shall maintain a log indicating the persons who have 32
examined a personnel file as well as the date(s) such examinations were made. 33
The log shall be maintained in the unit member's personnel file. 34
5.1.4 Any person who places written material or drafts written 35
materials for placement in a unit member's file shall sign the material and signify 36
11
Article 5: Employee Rights
the date on which such material was drafted. Any written materials placed in a 1
personnel file shall indicate the date of such placement. 2
5.1.5 The District recognizes that consideration of derogatory 3
material (part of a unit member's personnel file) in connection with employment 4
related decisions diminishes in value if the material is older than two (2) years 5
and the unit member's performance has improved, has been corrected and/or the 6
material concerns an isolated incident. 7
5.1.6 Appeal of Material Contained in Personnel File: The unit 8
member shall have the right to appeal placement of material in their personnel 9
file by initiating an informal grievance as outlined in Article 22.2.1 of the contract, 10
with the Assistant Superintendent of Human Resources. 11
5.2 Representation 12
5.2.1 If an administrator knows or suspects that a meeting with a 13
unit member may lead to discipline, the unit member has the right to know the 14
meeting may lead to discipline, prior to the meeting. 15
5.2.2 If an administrator calls a unit member into a meeting that is 16
not identified as disciplinary or potentially disciplinary pursuant to 5.2.1 and the 17
unit member believes the meeting has become disciplinary, the meeting shall 18
stop at the unit members request to afford the employee the opportunity to 19
secure representation at the next scheduled meeting. 20
5.2.3 The unit member has the right to representation at meetings 21
in 5.2.1 and 5.2.2 22
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12
Article 6: Child Abuse Reporting Procedures
ARTICLE 6: CHILD ABUSE REPORTING PROCEDURE 1
6.1 The District shall provide notification of the duties imposed 2
by the Child Abuse Reporting Act to all classified employees. 3
6.2 The District shall furnish each unit member with a statement 4
identifying the unit member and stating that the unit member is required to report 5
known or suspected instances of child abuse observed within the scope of his or 6
her employment to a child protective agency. 7
6.3 The District shall provide an ample supply of the form 8
required to make the reports and a copy of this Article. 9
6.3.1 The District shall also have these forms and envelopes 10
available at convenient locations and in such a manner that members may obtain 11
them without individually requesting them or otherwise subjecting themselves to 12
identification. The District shall post and maintain, on bulletin boards set aside 13
for employee notices, the names, addresses, and phone numbers of the 14
agencies to be contacted. 15
6.4 The District shall not require any unit member making a 16
report of suspected child abuse to provide a copy of the report to the District or 17
otherwise disclose his/her identity to the District or to any other person employed 18
by the District or acting as an agent of the District. 19
6.5 No supervisor or administrator shall impede or inhibit the 20
reporting duties specified herein or in the Act. No unit member making such a 21
report shall be subject to any discipline, or have his/her working conditions 22
altered in any manner, for making the report. 23
6.6 In reaching this Agreement, it is the mutual intent of the 24
parties to encourage the reporting of suspected child abuse; and to protect, to 25
the fullest extent permitted by law, the confidentiality or identity of members 26
making such reports. 27
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13
Article 7: Evaluations
ARTICLE 7: EVALUATIONS 1
7.1 It is the intent of this Article to provide an effective procedure 2
for evaluating unit members. The purpose of an evaluation is to provide 3
constructive feedback on how to maintain the Districts goals and standards 4
related to the performance of unit members jobs, how to improve their 5
performance, and how to highlight the unit members strengths. 6
7.2 Evaluation Procedures: Unit members shall be evaluated by 7
the immediate supervisor, to whom assigned. Evaluation Forms to be used are 8
attached to this agreement as Appendix C. 9
7.2.1 Probationary unit members shall be evaluated no less 10
frequently than twice during the probationary period. 11
7.2.2 Permanent unit members shall be evaluated no less 12
frequently than once every two (2) years after receiving permanency in the 13
assigned class. In the event an employee does not receive an evaluation in a 14
two-year period, the evaluation for all intents and purposes shall be considered 15
"Meets District Standards." 16
7.2.3 All evaluation reports shall be in writing. Evaluations that 17
include ratings of Needs to Improve/ Does not Meet District Standards shall 18
include specific recommendations for improvement(s) and provisions for 19
assisting the unit member in implementing any recommendations made. The 20
unit member shall be reevaluated within 30-90 days following the evaluation to 21
assess progress made to date towards goals. When the unit member has met 22
District standards, s/he returns to the original two-year evaluation cycle. If 23
District standards have not been met, the 30-90 day reevaluation cycle continues 24
until District standards are met or other action is taken. 25
7.2.4 The evaluator shall meet with the unit member to discuss the 26
performance evaluation. Such meeting shall be conducted during the unit 27
member's working schedule, without loss of pay. The unit member shall be 28
presented with a signed copy of the evaluation report and shall be required to 29
sign a copy of the report. The signature of the unit member shall only indicate 30
that the unit member was presented with and received a copy of the evaluation 31
report and shall not indicate an agreement to the content. 32
7.2.5 Any unit member may ask the next higher supervisor to 33
review an evaluation containing Needs to Improve/Does not Meet District 34
Standards rating. The higher-level supervisor may append his/her own 35
comments to the unit member's evaluation form. 36
14
Article 7: Evaluations
7.2.6 The unit member shall be permitted to submit a written 1
response to the evaluation within thirty (30) days after receipt of the written 2
report. The written evaluation report, along with any written response to the 3
evaluation, shall be filed in the unit member's official personnel file. 4
7.3 An evaluator may, at any time, issue to a unit member in 5
writing a special evaluation or a notice of Needs to Improve/Does Not Meet 6
District Standards. Any unsatisfactory performance special evaluation or notice 7
of Needs to Improve/Does Not Meet District Standards shall be delivered to 8
the unit member in the same manner as a formal performance evaluation. 9
7.4 The content of evaluations, performance ratings, goals, 10
objectives, comments, and/or judgments made by the evaluator shall not be 11
subject to the provisions of Article 22, Grievance Procedure. This section shall 12
not exclude a grievance based upon an alleged procedural violation of this 13
Article. 14
7.5 The unit member shall not be evaluated negatively for 15
participation in union activities in accordance with the provisions of Article 3. 16
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Article 8: Hours and Overtime
ARTICLE 8: HOURS AND OVERTIME 1
8.1 Workweek: The standard workweek for full-time unit 2
members shall consist of five (5) consecutive days, eight (8) hours per day, and 3
forty (40) hours per week, not including the lunch period. With the concurrence 4
of the District and the unit member and notification to CSEA, a normal full-time 5
assignment may consist of ten (10) hours per day and forty (40) hours per week, 6
not including the lunch period. Nothing herein shall prevent discussion and 7
agreement to implement a 9/80 workweek. 8
8.2 Workday: The initial starting and ending times of an 9
assignment shall be set by the District. Except as provided below, subsequent 10
changes in these times shall be subject to negotiations. The exception to this 11
general rule can occur when there are temporary changes to the following days: 12
(1) SIP days; (2) any conference days when classrooms are accessible; (3) 13
winter and spring breaks. In addition, changes made in assignments to conform 14
to adjustments made in Board-approved school schedules at the start of a school 15
year are also exempt. 16
8.2.1 The workday will include all time during which the unit 17
member is required to be on duty or on the premises, all time during which a unit 18
member is suffered or permitted to work, and for work performed away from the 19
job site and for which the supervisor knows or has reason to believe the work is 20
being performed. 21
8.3 Overtime: Unit members whose average workday is four (4) 22
hours or more shall receive overtime at the rate of one and one-half times the 23
regular rate of pay for hours worked on a sixth and/or seventh day after five (5) 24
consecutive days. A unit member having an average workday of less than four 25
(4) hours during a workweek shall, for any work required to be performed on the 26
seventh day following the commencement of his/her workweek, be compensated 27
at a rate equal to one and one-half (1-1/2) times the regular rate of pay of the unit 28
member performing the work. 29
8.3.1 Overtime Defined Overtime is defined to include any time 30
required to be worked, or suffered and permitted, in excess of eight (8) hours in 31
one day or forty (40) hours in one calendar week and shall be compensated at 32
the rate of one and one-half (1-1/2) times the regular rate of pay of the unit 33
member performing the work 34
8.3.2 For the purpose of computing the number of hours worked, 35
time during which a unit member is excused from work because of holidays, sick 36
16
Article 8: Hours and Overtime
leave, vacation, compensatory time off or other paid leave of absence shall be 1
considered as time worked by the unit member. 2
8.3.3 Overtime shall not be performed and compensatory time 3
cannot be accrued without prior approval of the unit members supervisor. 4
8.3.4 Any unit member requested to perform additional hours shall 5
inform the supervisor if those hours will constitute overtime. 6
8.3.5 Overtime Distributions: The District shall distribute overtime 7
using a rotational seniority list, as equally as is practicable among unit members 8
of the same classification (who have the skill and knowledge to perform the 9
work), who are in the same department and assigned to the same work site. 10
Overtime refused shall count as if it had been worked for purposes of equal 11
distribution. When a unit member within the department, classification or site is 12
not available, the District may offer the overtime without regard to the equal 13
distribution requirement. Unit members shall recognize that in an emergency, 14
they may be asked to work overtime when there is no other unit member with the 15
skill, knowledge and availability to perform the work. 16
8.4 Compensatory Time: Earned overtime shall be paid to the 17
unit member on a salary warrant unless the unit member and immediate 18
supervisor mutually agree to an accumulation of compensatory time, to a 19
maximum of two hundred and forty (240) hours. 20
8.4.1 Compensatory time earned must be used by June 30 of 21
each year. Written records of compensatory time earned shall be co-signed by 22
the unit member and immediate supervisor and maintained in the Payroll 23
Department. Compensatory time earned but not taken within the designated 24
time period shall be paid at the unit member's regular rate of pay. 25
8.5 Split-Shift: No unit member shall have more than three (3) 26
scheduled unpaid breaks in his/her assigned workday. 27
8.6 Minimum Call-Back/Call-In Time: Any unit member called 28
back to work after completion of his/her regular assignment shall be 29
compensated for at least two (2) hours of work at the appropriate rate, 30
irrespective of the actual time less than that required to be worked. 31
32
17
Article 8: Hours and Overtime
8.6.1 Any unit member called into work on a day when that person 1
is not scheduled to work shall receive a minimum of two (2) hours pay at the 2
appropriate rate of pay under this Agreement. 3
8.7 Security Duty: Any unit member serving security duty shall 4
receive a minimum of two (2) hours pay for stand-by time at the appropriate rate 5
of pay. For the purpose of illustrating how the parties intended to implement 6
Section 8.6, see paragraphs 1 through 5 of the Memorandum of Understanding 7
dated October 23, 1990 attached hereto as Appendix E [and incorporated herein 8
by reference as though fully set forth.] 9
8.7.1 Unit members serving for security duty purposes shall be 10
added to a rotational list of up to ten (10) volunteers who shall be from the 11
Maintenance job family first, then the Operations job family, if necessary. New 12
volunteers will be added based on job family and then seniority. 13
8.8 Rest Periods: Rest periods shall be scheduled for unit 14
members at no loss in salary, based upon the following formula: 15
Work Assignment Rest Period 16
1 - 2 hour None 17
2-1/4 - 4 hours One ten-minute period 18
4-1/4 - 5-3/4 hours Two ten-minute periods 19
6 - 8 hours Two fifteen-minute periods 20
Whenever possible, rest periods shall be scheduled near the middle of the unit 21
member's morning and/or afternoon shift. Scheduling of rest periods shall be 22
done with the agreement of the unit member's immediate supervisor. Rest 23
periods for bus drivers shall be scheduled during a paid layover. Absent 24
exceptional circumstances, rest periods cannot be combined with any other rest 25
period, other form of leave or lunch break. 26
8.9 Meal Period: All bargaining unit positions scheduled for a 27
lunch shall be entitled to an uninterrupted lunch period of not less than thirty (30) 28
minutes nor more than one (1) hour, to be scheduled as near a normal meal time 29
as possible. A unit member required to work during his/her meal period shall 30
receive pay at the appropriate rate of pay for the time worked. 31
8.9.1 Any unit member who works more than 10 hours shall 32
receive an additional unpaid, uninterrupted, thirty (30) minute meal period. 33
8.9.2 Any part-time unit member who works five (5) hours or more, 34
shall receive an unpaid, uninterrupted, thirty (30) minute meal period. 35
18
Article 8: Hours and Overtime
8.10 Assignment of Temporary Extra Hours - Limitation: 1
Whenever there are regular unit positions of less than eight (8) hours per day at 2
a work site where temporary hours (of short duration) are to be utilized, 3
preference shall be given whenever practicable to assigning the temporary extra 4
hours to the most senior unit member in the classification at the site (working less 5
than an eight-hour day) who has the skill and knowledge to perform the work. If 6
refused, the additional temporary hours shall be offered to other unit members 7
(regularly working less than an eight-hour day) at the site, then in the district in 8
accordance with their seniority. 9
8.10.1 In accordance with this section, when an absence occurs 10
and a substitute is needed, the person with the most seniority on site and in the 11
same classification with less assigned hours, shall be moved to fill that absence 12
and the substitute will fill the lesser-hour position. 13
8.10.2 Increase in Assigned Time: A part-time unit member whose 14
assignment time is increased an average of thirty (30) minutes or more per day 15
for twenty (20) consecutive days shall have his/her regular assignment adjusted 16
upward to reflect the change in assigned time in order to acquire benefits 17
(vacation, sick, and holiday pay). Such changes will be effective beginning on 18
the twenty-first (21st) day. 19
8.10.3 All members of the bargaining unit who wish to accept an 20
additional assignment when they are on recess from their regular assignment 21
shall file a request indicating availability with the personnel office. Those who 22
have filed a request and who have not received a does not meet district 23
standards rating, or two or more Needs Improvement ratings on their last 24
evaluation shall be ranked by seniority (anniversary date) and called in that order 25
whenever practicable. Notwithstanding the above, an employee shall be eligible 26
for placement on the additional assignment list if the site administrator approves 27
placement because of special circumstances. The District shall distribute the 28
additional assignment assignments equally among qualified unit members who 29
have filed a request. 30
8.10.4 Notwithstanding 8.10.3, the parties agree that (1) when an 31
SDC teacher accepts an extended year assignment at his/her school, the teacher 32
will have his/her Instructional Assistant/Paraeducator Special Ed SDC and/or 33
Special Ed SDC (B) assigned to the extended year session if the Instructional 34
Assistant/Paraeducator, Special Ed SDC and/or Special Ed SDC (B) chooses to 35
work during such time. If the Instructional Assistant /Paraeducator Special Ed 36
SDC and/or Special Ed SDC (B) declines 37
19
Article 8: Hours and Overtime
the extended year assignment, then provision 8.10.3 of the CSEA/OSD contract 1
will prevail (that is, the most senior Instructional Assistant/Paraeducator Special 2
Ed SDC and/or Special Ed SDC (B) who requested to work); and (2) when an 3
SDC teacher accepts an extended year assignment at another school, the 4
Instructional Assistant/Paraeducator Special Ed SDC and/or Special Ed SDC (B) 5
at that school will be given first opportunity to accept the extended year 6
assignment and if he/she declines, provision 8.10.3 of this agreement will prevail. 7
8.10.5 The District acknowledges the concerns raised by CSEA 8
over situations where Instructional Assistants/Paraeducators are directed to 9
oversee a classroom of students for significant periods of time when the 10
certificated employee assigned to the class is absent. In the future, the District 11
will take all reasonable steps to prevent these situations from occurring. This 12
does not mean, however, that pending assignment of a certificated employee an 13
instructional assistant cannot be asked on occasion to tend to a class of students 14
for a short while. If, in the opinion of CSEA, there continues to be concerns in 15
this area relative to a particular school or schools, a meeting between CSEA 16
representatives, the Assistant Superintendent of Human Resources, and site 17
administrator(s) will be scheduled to examine the practices at the school(s) in 18
question. Alternatively, the parties can agree to submit the matter to the Labor 19
Management Committee. 20
8.11 In-service Days: Any day scheduled as a non-instructional 21
day for certificated personnel when students would have otherwise been in 22
attendance but are not, shall be a workday for any bargaining unit member who 23
would have worked that day. 24
8.12 Work Load: Whenever, as a result of new site 25
openings/acquisitions, significant increases in ADA or personnel, the work load 26
for any classified position is materially increased to the extent that the unit 27
member cannot reasonably be expected to accomplish the same tasks as 28
previously performed, the unit member, through CSEA, may submit to the Labor 29
Management Committee a request for review. The committee shall review 30
information presented and attempt to arrive at a mutual resolution to any material 31
increase in work load. 32
8.13 Unit Members Holding Two Positions: 33
8.13.1 No part-time unit member, who holds a position of less than 34
six (6) hours per day, may hold more than one permanent position if the 35
combined hours of all positions equal six or more. A part-time unit member may 36
work in a Limited Term position in addition to their permanent part-time position 37
20
Article 8: Hours and Overtime
equaling six or more hours but that unit member would not be entitled to health 1
benefits. 2
8.13.2 A unit member may assume two positions only if the working 3
hours of one does not interfere with the working hours of the other. 4
8.13.3 Separate interviews and selection procedures will be 5
implemented for each position, the unit member may voluntarily leave one 6
position without leaving the other, and one position may be abolished by the 7
District without affecting the other. 8
8.13.4 A unit member holding two positions has separate bumping 9
rights for each position held. 10
8.13.5 When there has been a layoff, and a layoff reemployment list 11
exists, vacancies within the class or classes from which the layoffs occurred shall 12
be filled in the following order: (a) Transfers within class; (b) Layoff 13
reemployment list; (c) Transfers from a related class with the same salary range 14
or voluntary demotion from a related class through the transfer process; (d) 15
Requests, through the transfer process, for a second position in the same or 16
related class on the same salary range or a voluntary demotion from a related 17
class through the transfer process; (e) Promotion; and (f) Open examination. 18
8.13.6 Unit members holding more than one position may retain all 19
positions when there is a layoff within class unless they are directly affected by 20
the layoff. 21
8.13.6.1 It is hereby agreed that if, in the bumping process, a 22
unit member holds two positions the total hours of which are greater than the 23
total hours of positions available to a more senior member with bumping rights, 24
then those combined positions shall be part of the bumping process. 25
8.14 Modified Year: Notwithstanding Section 8.1 of this Article, 26
unit members may work a modified year under the following conditions: 27
8.14.1 Any twelve (12) month unit member who is working fewer 28
than five (5) days per week will be considered a modified year employee, not a 29
twelve (12) month employee. 30
8.14.2 Unit members shall be required to complete a work schedule 31
and are expected to be at work on the days scheduled. 32
8.14.3 Unit members on modified year will accrue vacation and sick 33
leave hours prorated according to the hours scheduled on their work calendar. 34
When sick leave is used, the unit member's time card shall reflect the actual 35
number of hours the unit member would have worked that day. 36
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Article 8: Hours and Overtime
8.14.4 Unit members on modified year shall be on an equal-pay 1
status. 2
8.14.5 Each July, unit members on modified year shall be paid for 3
the balance of vacation hours accrued during the work year. 4
8.14.6 The formula for computing holiday pay shall be based on the 5
total number of hours worked during the week divided by five. 6
8.14.7 Unit members who wish to go on or are assigned a modified 7
work year shall be counseled regarding the terms and conditions of this 8
employment status. 9
8.14.8 Unit members electing to go on or are assigned modified 10
work year status shall execute an agreement that shall contain all terms and 11
conditions of employment described herein. 12
8.15 Special Education Extended Year, Intersession and Summer 13
School The District shall post available assignments for special 14
education extended year, Intersession and summer school. When two (2) or 15
more unit members are qualified and substantially equal in qualifications, the unit 16
member with the greatest seniority (Hire date) shall fill the position. The seniority 17
list shall be rotated annually. 18
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22
Article 9: Pay Allowances
ARTICLE 9: PAY ALLOWANCES 1
9.1 Regular Rate of Pay: The regular rate of pay for each 2
position in the bargaining unit shall be in accordance with the rates established 3
for each class as provided for in Appendix A, which is attached hereto and by this 4
reference incorporated as a part of this Agreement. The regular rate of pay shall 5
include any differential, stipend, and/or longevity increments required to be paid 6
under the terms of this Agreement. The hourly rate of pay shall be computed by 7
dividing the monthly rate by 173.33. 8
9.1.1 The anniversary increments shall be changed as follows: 9
7 years of service -- $ 61.00 10
10 years of service -- $122.00 11
15 years of service -- $183.00 12
20 years of service -- $244.00 13
25 years of service -- $305.00 14
(This increase in longevity shall be effective July 1, 2005). 15
9.1.2 For the 2013-2014 school year, the District agrees to provide 16
the same aggregate total cost percentage to CSEA members as it provides to 17
any other employee groups. For the 2013-2014 school year, the aggregate total 18
increase will be 1.565% on schedule, on-going increase retro to July 1, 2013, 19
plus a 4% one-time, off-schedule salary payment to all employees in a paid 20
status as of the date of ratification. The District agrees that if it receives 21
additional total revenues in excess of $97 million (as noted on the attached multi- 22
year projection, 2013-14 fiscal year), CSEA and the District will meet and 23
negotiate the effects. 24
9.2 Frequency - Once Monthly: All members of the bargaining 25
unit shall be paid once per month, payable on or before the last weekday of the 26
month. If the normal pay date falls on a holiday, the paycheck shall be issued on 27
the preceding weekday if approved by the Office of the Ventura County Office of 28
Education (VCOE). 29
9.3 Payroll Errors: Any payroll error resulting in insufficient 30
payment for a unit member shall be corrected, and a supplemental paycheck 31
issued not later than five (5) working days following notice to the Payroll 32
Department. 33
9.4 Lost Checks: Any paycheck for a member of the bargaining 34
unit which is lost after receipt or which is not delivered within five (5) days of 35
mailing (if mailed), shall be replaced as soon as administratively possible. 36
23
Article 9: Pay Allowances
1
9.5 Mileage: Any unit member required to use his/her vehicle on 2
District business shall be reimbursed at the rate in effect for all employees of the 3
District for all miles driven on behalf of the District. The mileage computation 4
shall include mileage necessary to return to the unit members normal job site 5
after the completion of District business. This amount shall be payable in a 6
separate warrant as soon as is administratively possible after submission of the 7
mileage reimbursement form. 8
9.6 Meals: Any unit member who, as a result of a work 9
assignment, must have meals away from the District, shall be reimbursed at the 10
rate in effect for all employees of the District as soon as administratively possible. 11
9.7 Lodging: Any unit member who, as the result of a work 12
assignment, must be lodged away from home overnight, shall be reimbursed by 13
the District at the rate and consistent with regulations in effect for all employees 14
of the District. Whenever possible, and with sufficient advance notice, the District 15
shall advance funds to the unit member to cover the cost of such lodging. If 16
advance funds are not available, the District shall reimburse the unit member for 17
appropriate out-of-pocket lodging expenses as soon as administratively possible 18
after the unit member has submitted such a claim. 19
9.8 Working Out Of Class 20
9.8.1 Working Out of Classification- Five (5) Days or Less: 21
When a regular unit member is assigned by the site administrator or immediate 22
supervisor to perform the duties of a position in a higher classification for a period 23
of five (5) days or less, the unit member shall be paid a maximum of five percent 24
(5%), but in no case an amount greater than the "E" step of the higher 25
classification, in which they are working out of class. Salary differential and 26
longevity, for which the unit member is eligible, shall then be added, for all hours 27
worked in the higher classification. For purposes of this section, "base salary" 28
shall exclude such items as longevity, professional growth increments, and all 29
differentials. (Working out of class compensation shall be figured by adding 5% 30
to the employees salary step (one full step on the salary schedule), but in no 31
case greater than step E of the higher classification. The employees salary 32
step +5% shall then be multiplied by any applicable differential percentage before 33
the longevity is added.) 34
24
Article 9: Pay Allowances
9.8.1.1 Out of class work shall not be performed without prior 1
written or oral approval of the unit members supervisor. The unit member or 2
supervisor may require written approval prior to performance of out of class work. 3
9.8.1.2 For assignments in a higher classification which 4
exceed five (5) days in a fifteen (15) day period, Section 9.8.2, Working Out of 5
Classification-More than five (5) days, shall apply. 6
9.8.2 Working Out of Classification-More than Five (5) Days: 7
When a regular unit member works out of classification in a higher class for a 8
period exceeding five (5) days within a fifteen (15) calendar day period, the unit 9
member shall be compensated at the first step in the higher classification in 10
which they are working, which provides the member with at least a five percent 11
(5%) increase above his/her regular base salary, but in no case shall placement 12
be above the "E" step of the higher class, before differentials or longevity are 13
applied. Salary differentials and longevity for which the unit member is eligible, 14
shall then be added, for all hours worked in the higher classification. For 15
purposes of this section, base salary shall exclude such items as longevity, 16
professional growth increments, and all differentials. Step placement below the 17
"E" step may be subject to appeal to the Personnel Commission. The increased 18
rate will be effective from the first day to the last day of the working out of class 19
assignment. (Working out of classification compensation shall be figured by 20
determining the step in the higher classification which provides the member with 21
at least 5% more than the employees salary step, but in no case greater than the 22
E step of the higher classification. The step in the higher classification which 23
provides at least a 5% increase shall then be multiplied by any applicable 24
differential percentage before the longevity is added.) 25
9.8.2.1 A unit member must receive written approval 26
(Including email) from the Assistant Superintendent of Human Resources, or 27
designee, prior to Working Out of Class. 28
9.8.3 Assignment of Work Out of Class: When assigning work out 29
of class, the District agrees to rotate work out of class as equally as is practicable 30
among members of the same job family (who have the skill and knowledge to 31
perform the work), and who are assigned to the same work site. 32
9.9 Night Shift Pay Differential: Unit members who regularly 33
work more than fifty percent (50%) of their assigned duty time after six (6) p.m. 34
will be compensated by an additional five percent (5%) pay differential. 35
9.10 Bilingual Differential: Incumbents serving in positions which 36
have been officially designated as bilingual by the governing board and for which 37
25
Article 9: Pay Allowances
there is not a specific minimum requirement of bilingual skill for all incumbents of 1
the class shall receive a differential of three percent (3%). 2
9.10.1 Bilingual Stipend: Departments designated by the governing 3
board which require some bilingual skills but where no specific position has been 4
designated as bilingual shall rotate the bilingual stipend among all unit members 5
in the department who have been qualified as bilingual by the governing board. 6
Rotation shall be on an annual basis, beginning July 1 and ending June 30, and 7
in order of seniority based on the hire date. Any unit member transferring into 8
the department shall be placed at the bottom of the rotation list. Unit members 9
so designated shall receive a stipend equivalent to the three percent (3%) 10
differential. 11
9.10.2 Except as provided for herein, monolingual classified 12
positions that do not have the bilingual differential, may only be designated 13
bilingual when the position becomes vacant. In circumstances where the need 14
for bilingual services and the current complement of staff cannot meet the need 15
of providing those services, the District may propose an earlier redesignation. 16
Where such a need arises before a position becomes vacant, the District will 17
advise CSEA of the circumstances underlying the proposed change, and shall 18
meet and negotiate, upon demand, with the Association over the proposed 19
redesignation and its impact. The same process will apply should it be 20
determined that a position no longer needs to be designated bilingual. 21
9.11 Paraprofessional Stipend: Each classified unit member who 22
meets established criteria will be eligible for a one-time stipend of two hundred 23
fifty dollars ($250) each fiscal year for participation in Ventura County 24
Paraprofessional Training (VCPT) Grant. 25
9.11.1 Unit member must be a participant in the Ventura County 26
Paraprofessional Training (VCPT) Grant. 27
9.11.2 Unit member must provide verification of successful 28
completion of twelve (12) units at a California State University leading to a 29
teaching credential during the fiscal year. 30
9.11.3 Unit members are eligible for stipend at end of each fiscal 31
year in the program. 32
9.11.4 No stipend will be paid to unit members who leave or 33
complete the VCPT Program during the fiscal year. 34
9.11.5 No stipends will be paid after termination of the VCPT 35
Program. 36
26
Article 9: Pay Allowances
9.11.6 The paraprofessional stipend is an incentive for a special 1
program and does not preclude the unit member's participation in the District's 2
Professional Growth Program. 3
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Article 10: Anniversary Date
ARTICLE 10: ANNIVERSARY DATE 1
10.1 All current unit members shall have a common anniversary 2
date of July 1. 3
10.2 Individuals hired on or before December 31 shall be eligible 4
to receive an anniversary step increment the following July. An individual hired 5
after December 31 shall not be eligible to receive an anniversary step increment 6
until the July following the first July. 7
10.3 Beginning with the first July of a unit members continuing 8
employment, he/she must have been in paid status for at least two-thirds (2/3) of 9
his/her individual work year to be eligible for an anniversary salary step 10
advancement. 11
10.4 Upon completion the of the probationary period in a class not 12
to exceed six (6) months or 130 days of paid service, whichever is longer, a unit 13
member shall experience a step movement. Time spent on an unpaid leave of 14
absence shall not count towards a unit members probationary period. 15
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Article 11: Professional Growth Awards Program
ARTICLE 11: PROFESSIONAL GROWTH AWARDS PROGRAM 1
11.1 Professional Growth is a continuous, purposeful 2
engagement in study and related activities to retain and extend high standards 3
for the education of classified employees. The Professional Growth Awards 4
Program, approved by the Board of Trustees on August 8, 1972, is to encourage 5
bargaining unit members to gain increased knowledge, skills, and understanding 6
of the member's assignment(s); provide an opportunity for advancement to new 7
positions; provide background materials for the activity in which engaged; 8
experience personal development through alertness and responsiveness to the 9
human and social factors of others as it relates to the workplace; provide the 10
member with an awareness of the importance of increased efficiency needed to 11
fulfill his/her role in the Oxnard School District. The program is voluntary. 12
11.2 Management of Program: The Superintendent's designee is 13
responsible for administering the Professional Growth Awards Program and for 14
coordinating the Professional Growth Awards Committee. Files for unit members 15
who are participating in the program shall be maintained in that office. 16
11.3 Professional Growth Awards Committee: The purpose of the 17
Professional Growth Awards Committee is to review all Professional Growth 18
Awards Program Forms that have been submitted by unit members but have 19
been denied by the Superintendents designee. The Superintendent/designee 20
and Association President/designee shall comprise the committee and meet to 21
determine who, if anyone else, should be involved in the review committee. 22
11.3.1 The review committee shall meet each year by June 20
th
. 23
11.3.1.1 The interest based problem solving process regarding 24
consensus decision-making will be used by this committee. 25
11.3.2 If a unanimous decision is reached, it is final, binding and 26
non-grievable. 27
11.3.3 If a unanimous decision is not reached, the original decision 28
stands, and the employee can access the grievance process for further relief. 29
11.4 Eligibility for Participation in the Program: All regular and 30
probationary unit members of the Oxnard School District are eligible to 31
participate in the Professional Growth Awards Program. In addition to the 32
provisions of Article 9.12, bargaining unit members participating in the Ventura 33
County Paraprofessional Training Program shall be eligible to participate in the 34
Professional Growth Program. 35
29
Article 11: Professional Growth Awards Program
11.4.1 Unit members who receive a Needs Improvement or Does 1
Not Meet District Standards on the Summary of Overall Performance on their 2
evaluation shall not be eligible to receive an additional professional growth 3
stipend until they receive a Meets District Standards evaluation. 4
11.4.1.1 Unit Members shall receive their additional professional 5
growth stipend on the month following receipt of their Meets District Standards 6
evaluation. 7
11.5 Methods by Which Awards May be Obtained: The following 8
represents the methods by which professional growth credit may be obtained. 9
As all courses may not qualify for Professional Growth credit, it is recommended 10
that unit members obtain prior approval from the Superintendent's designee. 11
11.5.1 College Courses: 12
11.5.1.1 Criteria for Courses: (A) the subject matter of the course 13
should relate directly to the position currently occupied by the unit member, or (B) 14
the subject matter of the course should meet the requirements of the position for 15
which the unit member is training, or (C) the course is required for a degree 16
program appropriate to service in public education. 17
11.5.1.2 All unit members taking courses must obtain a grade of "C" 18
or better. College course work must be verified by an official transcript, web 19
transcript, or official grade card verifying grade, unit or hours, and completion 20
date. Courses cannot be repeated, unless special permission has been granted 21
by the Professional Growth Awards Committee. 22
11.5.1.3 Points will not be given to a unit member who is on leave 23
from the District to become a full-time student. 24
11.5.1.4 Credit for appropriate courses will be as follows: 25
Semester Units Points Earned 26
1 2 27
2 4 28
3 6 29
4 8 30
5 10 31
Quarter Units Points Earned 32
1 1.33 33
2 2.67 34
30
Article 11: Professional Growth Awards Program
3 4.0 1
4 5.33 2
5 6.67 3
11.5.2 District-sponsored Workshop, Orientation or In-service: 4
Credit hours for participation in District-sponsored workshops, orientation, and/or 5
In-service shall be equated as follows: .188 per hour approved or 1.504 points 6
for eight (8) hours. 7
11.5.3 Educational Conferences and Lectures: Credit hours for 8
participation in Education Conferences and Lectures shall be equated as follows: 9
.188 per hour approved or 1.504 points for eight (8) hours. 10
11.5.4 Conferences, Institutes, Lectures, and Workshops: In order 11
to gain professional growth points for conferences, institutes, lectures, and 12
workshops, the application for credit shall include a list of the conferences, 13
institutes, lectures, or workshops attended or participated in with a short 14
summary of the value of each including place, time, speaker, duration, etc., 15
and/or work oriented organizations. Credit hours for participation in conferences, 16
institutes, lectures, and/or workshops shall be equated as follows: .188 per hour 17
approved or 1.504 points for eight (8) hours. 18
11.5.5 Employee Organization Educational Conferences: Credit 19
hours for participation in Employee Organization Educational Conferences shall 20
be equated as follows: .188 per hour approved or 1.504 points for eight (8) 21
hours. 22
11.5.6 Sample of Point System for Credit Requested under 11.5.2, 23
11.5.3, 11.5.4, or 11.5.5. 24
Hours Credit Hours Credit 25
.25 .047 2.0 .376 26
.50 .094 2.25 .423 27
.75 .141 2.50 .470 28
1.00 .188 2.75 .517 29
1.25 .235 3.00 .564 30
1.50 .282 3.25 .611 31
1.75 .329 3.50 .658 32
11.5.7 Committee Service Credit: Credit for service as a member 33
of an approved District committee, including, but not limited to, the Professional 34
Growth Awards Committee, the District Safety Committee, or the 35
31
Article 11: Professional Growth Awards Program
Labor/Management Committee shall be equated as follows: .376 points per 1
hour. 2
11.5.7.1 Sample of Point System for Committee Service: 3
Hours Credit 4
6 2.25 5
8 3.0 6
10 3.8 7
15 5.6 8
20 7.5 9
25 9.4 10
30 11.3 11
11.5.7.2 Service on District-sponsored committee must be rendered 12
only on the unit member's own time. Hours attended during a specified time shall 13
be subject to verification by the minutes of the meeting. 14
11.5.8 Adult Evening, Trade School, and High School Course 15
Credit: All unit members taking courses must obtain a grade of "C" or better. 16
Course work must be verified by an official grade card verifying grade, units or 17
hours, and completion date. Eighteen (18) weeks, one day a week, fifty-four (54) 18
hours per semester equals three (3) points. 19
11.5.9 Correspondence Course Credit: Correspondence courses 20
require satisfactory completion certificates and course description brochures for 21
credit determination. Correspondence courses which are job-related will receive 22
professional growth credit based on average completion time which is provided 23
by the correspondence school. 24
11.5.9.1 Credit will be awarded at the rate of one point for each eighty 25
(80) hours of average instruction time. If no recommended completion time is 26
made available to the review committee, the committee will award points based 27
upon a course content comparison with other courses which have average 28
recommended completion periods. 29
11.5.10 Web courses: Job related web courses will be available for 30
professional growth subject to the following conditions: 31
11.5.10.1 The course is a recognized-for credit distance learning 32
course offered by an accredited community college, college or university; and 33
11.5.10.2 The employee satisfies the requirements under section 34
32
Article 11: Professional Growth Awards Program
11.5.11 Other Participation Opportunity: Any other participation 1
opportunity designated by the Superintendent or his/her designee shall be 2
equated by the Professional Growth Awards Committee. 3
11.6 Guidelines for Obtaining Increment Credit: 4
11.6.1 Twenty (20) points of professional growth credit must be 5
earned to obtain one (1) professional growth increment. Points must have been 6
earned after a unit member's employment with the District. There shall be no 7
limitation on the frequency of professional growth increments a unit member may 8
receive. No unit member may receive more than eight (8) increments during 9
his/her period of employment. Those bargaining unit members who had 10
previously submitted additional professional growth credits toward their 7
th
or 8
th
11
increments, pursuant to 11.6.5, prior to October 10, 2002, shall receive the 12
appropriate additional professional growth increments following July 1, 2003 13
pursuant to 11.7. 14
11.6.1.1 The District shall continue to maintain records of all 15
qualifying professional growth courses for future use. Unit members who have 16
already received the maximum increments allowed under the contract will have 17
six months from the date of ratification to submit professional growth courses 18
completed after qualifying for their eighth increment. 19
11.6.2 A unit member desiring to participate in the Professional 20
Growth Awards Program should submit his/her form for credit to the 21
Superintendent's designee on or before June 10
th
of each year. All 22
recommendations for payment of award increments must be submitted to the 23
Superintendent by his/her designee no later than June 30. 24
11.6.3 Points will not be granted when the participation is during the 25
unit member's regular working hours. However, it is agreed and understood that 26
a unit member shall be credited with professional growth credits under Article 11, 27
even if participation in professional growth activities occur during his or her 28
vacation period, and/or comp time. 29
11.6.4 Points will not be allowed for any participation if the District 30
reimburses the participant for actual expenses, including mileage, registration 31
fees, tuition, food, etc. 32
11.6.5 Requests for credit approval must be received by the 33
Superintendent's designee no later than one (1) year from the date of completion. 34
33
Article 11: Professional Growth Awards Program
11.6.6 Any unit member who has accumulated more than twenty 1
(20) points in the Professional Growth Awards Program will not lose the extra 2
points. The points over twenty (20) will be credited toward a second increment. 3
11.7 Payment of Increments: 4
11.7.1 Payment of the Professional Growth increment will be in the 5
form of an annual monetary award. Each increment is equal to $300.00. 6
11.7.2 Payment shall be made on the first warrant issued for time 7
worked after July 1 of the succeeding year unless there is a special request by 8
the unit member to have the increment paid on a monthly basis. 9
11.7.2.1 Notice from the unit member to receive their professional 10
growth on a monthly basis shall be received by the District on or before July 5 of 11
any year. 12
11.7.2.2 Unit members receiving monthly payments for professional 13
growth, who retire, are severed from employment, voluntarily leave the district, or 14
begin an unpaid leave that will continue through June 30, shall receive payment 15
for all professional growth increments due on the last pay warrant received from 16
the District. 17
11.7.3 For 2007-2008 only, a unit member may earn up to two 18
additional one-time $300 increments for those unit members who have already 19
earned eight (8) professional growth award increments. 20
11.7.3.1 The credits used to earn a stipend after the eight (8
th
) 21
increment cannot be used in any future Professional Growth Awards. 22
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34
Article 12: Employee Expenses and Materials
ARTICLE 12: EMPLOYEE EXPENSES AND MATERIALS 1
12.1 Use of Privately-Owned Vehicles: The District agrees to 2
reimburse unit members up to a maximum of five hundred dollars ($500) toward 3
an insurance deductible for the actual cost of repairs performed on an automobile 4
as a result of an accident, under the following conditions: 5
12.1.1 The unit member was using the privately-owned vehicle as a 6
condition of employment; OR 7
12.1.2 The vehicle was being operated at the time of the accident 8
on ordered District business, AND 9
12.1.3 The unit member was not at fault. Evidence that the unit 10
member was not at fault shall be determined by any one of the following: 11
12.1.3.1 Issuance of a Police Department report, indicating 12
that the unit member is at no fault and/or not chargeable in the accident; or 13
12.1.3.2 Decision of a court or tribunal, placing full fault on 14
another party; or 15
12.1.3.3 Written admission by the other driver of responsibility 16
for the accident; or 17
12.1.3.4 No filing of fault or charges as a result of the accident. 18
12.1.4 A police report was filed at the scene of the accident. 19
12.1.5 The foregoing notwithstanding, the District's maximum 20
annual obligation for payment under this provision shall not exceed two thousand 21
dollars ($2,000) for the CSEA bargaining unit. 22
12.1.6 Any unit member who is not covered by District insurance 23
shall have the right to decline the use of his/her privately-owned vehicle on 24
District business. 25
12.2 Replacing or Repairing Unit Member's Property: The District 26
shall repair damaged personal property or, at its option, reimburse the unit 27
member for the reasonable value of personal property, excluding automotive 28
vehicles and clothing, used in the course of employment when all of the following 29
conditions have been met: 30
12.2.1 The unit member is required by management to use the 31
personal property as a condition of continuing employment; 32
12.2.2 The unit member has registered the personal property in 33
accordance with the prescribed procedures of the District; 34
35
Article 12: Employee Expenses and Materials
12.2.3 The unit member has properly used and maintained the 1
property; 2
12.2.4 The unit member has properly stored and secured the 3
property; 4
12.2.5 The loss or damage, excluding normal wear, is directly 5
attributable to the proper use of the property during the course of employment. 6
12.2.6 The District shall provide a safe storage place for personal 7
property under the foregoing section. 8
12.3 Physical Examination: The District agrees to pay the cost of 9
any medical examination required as a condition of continued employment, which 10
is ordered to be performed by a District-designated physician when such an 11
examination is a condition of employment established by the District. Unit 12
members employed on or after the effective date of this Agreement shall be 13
eligible for a fully paid pre-employment examination performed by a District 14
designated physician when such an examination is a condition of employment 15
established by the District. 16
12.4 Uniforms: When new uniforms are going to be purchased for 17
a specific classification, the District shall consult with the Association for the 18
purpose of receiving input on the selection of the uniform. 19
12.5 Employee Uniforms: 20
12.5.1 The District will provide uniforms with emblems in the form of 21
five (5) shirts for employees in the Maintenance, Operations (except custodians), 22
and Warehouse job families (as shown on the CSEA salary schedule), and five 23
(5) shirts and two (2) pairs of pants (black pants are required) for Transportation 24
employees. 25
12.5.2 Each employee in the designated job families will wear the 26
uniform at work, including night and weekend call-outs, and will maintain the 27
uniforms in a clean and neat condition. Uniforms will not be worn when the 28
employee is off-duty (except to and from work). 29
12.5.3 If an employee does not successfully complete the 30
probationary period or terminates employment with the District, the uniforms will 31
be returned to the District. Probationary employees may be required to wear 32
vests until uniforms can be purchased. 33
12.5.4 After the initial allotment, uniforms may be replaced on an 34
as-needed basis arising from normal wear and tear, work related damage or size 35
variation at the discretion of the manager. 36
36
Article 12: Employee Expenses and Materials
12.6 Safety Equipment: Should the employment duties of a 1
member of the bargaining unit reasonably require use of any equipment or gear, 2
with the exception of wearing apparel, to insure the safety of the unit member or 3
others, the District agrees to furnish such equipment or gear. 4
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37
Article 13: Health and Welfare Benefits
ARTICLE 13: HEALTH AND WELFARE BENEFITS 1
13.1 The District and the Association hereby agree to provide for 2
group health insurance through the Gold Coast Joint Benefits Trust (hereafter 3
"Trust Fund") and, therefore, agree to be bound thereto through and by the terms 4
and conditions of the Gold Coast Joint Benefits Trust Participation Agreement. 5
Such Participation Agreement and Summary Plan Description (SPD), as may be 6
amended by the parties to the Gold Coast Trust from time to time, may be found 7
on the Oxnard School District web page, and as such, are fully incorporated 8
herein by reference, as though fully set forth. If the member does not have 9
internet access, a copy of each: the Summary Plan Description and Participation 10
Agreement are available for review at the Oxnard District Office in the Human 11
Resources Department. 12
13.2 The District and Association accept the Trust Fund directors 13
appointed respectively by participating employers (Management) and employee 14
organizations (Labor) as their directors and agree to be bound by the collective 15
decisions of the Board of Directors to the extent such decisions are lawful, are 16
consistent with the Trust Fund's Declaration of Trust and do not conflict with the 17
terms and conditions of the parties' Participation Agreement or this collectively 18
negotiated Agreement. 19
13.3 CSEA director and alternate shall receive release time to 20
attend Trust meetings and other related business. 21
13.4 District Contribution: Effective July 1, 2007, the District will 22
contribute $830.35 monthly toward the payment of premiums for eligible 23
bargaining unit employees for Medical, Dental and Vision group insurance pro- 24
grams: 25
13.4.1 Life Insurance: The District shall contribute monthly $2.90 26
for group life insurance. 27
13.5 Eligibility: Qualified unit members shall be: 28
13.5.1 All probationary and permanent unit members who are 29
regularly assigned 30 hours per week. 30
13.5.1.1 Other Life Insurance Eligibility: The District shall 31
contribute monthly premiums for life insurance for permanent unit members not 32
currently receiving benefits whose regular assignments equal four (4) and less 33
than six (6) hours per day. The insurance coverage will be in the amount of 34
$10,000 for permanent unit members, $1,500 for dependents older than six 35
months, and $100 for dependents six months and younger. 36
38
Article 13: Health and Welfare Benefits
13.5.2 Unit members presently receiving benefits to continue for the 1
length of this Agreement, except as provided for below: 2
13.5.2.1 Continuation After Reduction in Hours: Any unit 3
member hired after July 1, 1984, with six (6) hours or more who subsequently 4
experiences a reduction in hours in lieu of layoff shall continue his/her benefits 5
for six (6) months. 6
13.5.2.2 Any unit member initiated reduction in hours to below 7
six (6) hours shall result in a loss of paid benefits. 8
13.5.2.3 Any unit member hired before July 1, 1984 who was 9
assigned to a position that afforded him/her benefits under a prior contract and 10
subsequently suffered a reduction in hours shall have his/her benefits 11
discontinued if, after July 1, 1984, he/she is offered an assignment of six (6) 12
hours or more and he/she refuses such assignment. (refer to Appendix G and 13
attachment). All names shall remain on the list until such time that the retiree 14
reaches age 70. 15
13.5.3 Any unit member who is currently paying for his/her own 16
benefits may continue to pay for said benefits during the term of this Agreement. 17
13.5.4 Temporary Benefits: Permanent unit members who do not 18
receive medical, dental, vision, and life benefits may be eligible to receive those 19
benefits for the duration of the assignment under the following circumstances: (a) 20
The unit member has been temporarily assigned to a position of another perma- 21
nent unit member who is not receiving his/her medical, dental, vision, and life 22
insurance benefits because of being in an unpaid status; and (b) The temporary 23
assignment is for a period of six (6) months or more. 24
13.5.4.1 Temporary Contributions: The District shall make the 25
monthly contributions for the payment of the premiums in accordance with 26
paragraph 13.4 and 13.4.1 of the collectively bargained Agreement. 27
13.5.4.2 Termination of Temporary Benefits: The permanent 28
unit member is not entitled to these benefits beyond the end of the temporary 29
assignment. 30
13.5.5 See also Sections 20.17.1 and 20.17.2, of Article 20, 31
regarding benefits following layoffs. 32
13.6 Retiree Benefits: 33
13.6.1 Unit members, hired on or before July 31, 2005, who retire 34
on or after July 1, 1980, after reaching age fifty-five (55) and who have served 35
fifteen (15) years in the District shall be eligible for continued group medical 36
39
Article 13: Health and Welfare Benefits
insurance coverage, dental, and vision and life insurance. (Years of service shall 1
be determined by the anniversary date of regular employment.) The District shall 2
pay the full premiums for health insurance (e.g. medical, dental, vision and life). 3
The health coverage shall be the same as that in effect at the time of retirement. 4
District paid health insurance (medical dental, vision and life) for retirees who 5
retire under Article 13.6.1, shall continue in effect until the unit member reaches 6
the age of sixty-nine (69). 7
13.6.1.1 Unit members, subject to 13.6.1, who retire with age 8
and service defined in 13.6.1 and were receiving life insurance only prior to 9
retirement shall be eligible for continued life insurance coverage until the unit 10
member reaches the age of sixty-nine (69). 11
13.6.1.2 Unit members hired on or after August 1, 2005, but on 12
or before June 30, 2012, after reaching age fifty-five (55) and who have served 13
fifteen (15) years in the District shall be eligible for continued group medical 14
insurance coverage, dental, and vision and life insurance. (Years of service shall 15
be determined by the anniversary date of regular employment.) Health insurance 16
premiums (medical, dental, vision and life) shall continue in effect until the unit 17
member reaches the age of sixty-five (65). For such unit members, the District 18
shall make the following monthly contributions toward the payment of premiums 19
for the following group insurance programs until the unit member reaches age 20
sixty-five (65): 21
PROGRAM MONTHLY AMOUNT 22
Medical $781.05 23
Dental 84.35 24
Vision 18.46 25
13.6.1.3 Unit members hired, on or after August 1, 2005, but 26
on or before June 30, 2012, who retire with age and service defined in 13.6.1.2 27
and were receiving life insurance only prior to retirement shall be eligible for 28
continued district paid life insurance coverage until the unit member reaches the 29
age of sixty-five (65). 30
13.6.1.3.1 Unit members hired on or after July 1, 2012 shall 31
not receive retiree benefits. 32
13.6.1.4 Beginning 2007-2008 School Year, the Association 33
agrees to annually contribute $433,457 into a Irrevocable Trust to be used for 34
future retiree benefits. The Association and the District agree that this dollar 35
40
Article 13: Health and Welfare Benefits
amount that shall be set aside annually into the fund, is from the Association 1
budget share of the CSEAs total costs. 2
These retiree benefits shall include an annual payment of $433,457 towards the 3
CSEAs portion of the Annual Required Contribution (ARC) as determined by the 4
Governmental Accounting Standards Board (GASB) Statement No. 45 issued 5
June 2004. This amount is in addition to the annual payment of the current year 6
cost of retiree benefits and provides funding for the CSEAs portion of the 7
unfunded liability. 8
These annual payments of $433,457 will be held by the District for the sole 9
purpose of funding the CSEAs portion of the GASB 45 liability. The District shall 10
provide safeguards for these future Retiree Health Benefits Funds to prohibit 11
borrowing or withdrawing. If for any reason, the requirements of GASB 45 12
change and affect this payment and/or accumulated funds, or CSEAs portion of 13
the liability is fully funded, the District and CSEA shall negotiate the needed 14
changes, if any. 15
13.6.1.5 A meeting between the Association and the 16
District will be held in Fall 2007 to determine parameters and governance in 17
regards to the Associations contribution into the irrevocable trust. 18
13.6.2 Health Insurance for Retirees: For retirees hired on or 19
before July 31, 2005, who are eligible for retiree health benefits under Article 20
13.6.1 and eligible for Medicare prior to reaching age sixty-nine (69), the Districts 21
health insurance contribution shall be the full amount of the premium for 22
secondary/supplemental coverage to Medicare A and B until age sixty-nine (69). 23
13.6.3 Disability Retirement Under CalPERS: Unit members with at 24
least ten (10) years service with the District who receive a disability retirement 25
under CalPERS shall be eligible for the same medical retirement benefits as 26
regular retirees under 13.6.1. 27
13.7 Retirees will be eligible to purchase all health and welfare 28
benefits currently offered to unit members. 29
13.8 IRC 125: The District shall implement an IRC (Internal 30
Revenue Code) 125 payroll deduction plan. The District agrees to solicit CSEA's 31
input in identifying a third party administrator for such a plan. The District 32
reserves the right, however, to select the administrator and to define the plan 33
options. Any administration fee associated with the payroll deduction plan shall 34
be the sole responsibility of the unit member utilizing the plan. 35
41
Article 13: Health and Welfare Benefits
13.9 Rule of 75 Formula for Retiree Benefits Eligibility Beginning 1
January 1, 2007 2
13.9.1 Unit members hired on or after January 1, 2007 shall utilize 3
the following formula to qualify for retiree benefits. The unit member shall have 4
attained the minimum age of 55. When a unit members age plus years of 5
service equal 75 or more, then the unit member shall be eligible to retire from the 6
district with benefits as provided in this Article. (Example: An employee is 55 7
years of age with 20 years of service with the District. Since the total of age plus 8
years of service equals 75, the employee is eligible for retiree benefits.) 9
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42
Article 14: Annual Work Calendar and Holidays
ARTICLE 14: ANNUAL WORK CALENDAR AND HOLIDAYS 1
14.1 Scheduled Holidays: The District agrees to provide eligible 2
unit members with fifteen (15) paid holidays. 3
New Year's Day 4
Martin Luther King Day 5
Lincoln Day 6
Washington Day 7
Spring Vacation Day 8
Memorial Day 9
Independence Day 10
Labor Day 11
Admission Day (or in-lieu day) 12
Veterans Day 13
Thanksgiving Day 14
Day after Thanksgiving 15
Christmas Eve 16
Christmas Day 17
New Year's Eve 18
14.2 Admission Day (or an in-lieu day): Admission Day or In-Lieu 19
Day will not occur on a day when students are in attendance. 20
14.2.1 The District and CSEA is in agreement with the work 21
calendar developed in collaboration for 2013-2014 school year only (attached 22
herein). 23
14.2.2 In accordance with Article 14, Section 14.2, the parties agree 24
that the In Lieu Of Day holiday for the next three years is described below. 25
26
2011-2012 December 28, 2011 27
2012-2013 December 26, 2012 28
2013-2014 December 23, 2013 29
30
14.3 Additional Holidays: Every day declared by the President or 31
the Governor of this State as a public fast, Thanksgiving, or holiday, or any other 32
day declared a holiday by the Board of Trustees shall be a paid holiday for all 33
43
Article 14: Annual Work Calendar and Holidays
members of the bargaining unit who would otherwise have been scheduled to 1
work. 2
14.4 Holidays on Saturday or Sunday: When a designated 3
holiday falls on a Saturday, the preceding workday, not a holiday shall be 4
deemed to be a holiday. When a holiday falls on a Sunday, the following 5
workday shall be deemed to be that holiday. 6
14.5 Eligibility for Holiday Pay: 7
14.5.1 Bargaining unit members shall be required to have been in a 8
paid status on the working day immediately preceding or following the scheduled 9
day of recognition of a holiday to be eligible for payment for the day. 10
14.5.2 Notwithstanding the foregoing, unit members not scheduled 11
to work during the winter and/or spring recess, but scheduled to return to work at 12
the conclusion of the recess, shall be eligible for holiday pay provided the unit 13
member was in a paid status on the last working day prior to the commencement 14
of the recess or the first working day following the conclusion of the recess. 15
14.5.3 Eligible Unit members assigned to modified schedules shall 16
receive at least fourteen (14) paid holidays annually. 17
14.5.4 Unit members who have a Tuesday through Saturday 18
workweek may reschedule up to two (2) Saturday workdays per year that follow 19
Friday holidays in such a manner as to allow them an uninterrupted duty free 20
period similar to that of those who work a Monday through Friday workweek. 21
14.5.5 Nothing in this section shall prohibit a unit member from re- 22
scheduling additional Saturday workdays following Friday holidays with the 23
consent of the unit member's supervisor. 24
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44
Article 15: Vacation Plan
ARTICLE 15: VACATION PLAN 1
15.1 Earning Rate: Vacations shall be earned in accordance with 2
the following formula: 3
Month worked x daily hours x 21.75 = hours per year 4
Earning Rate 5
Regular unit members shall earn vacation credit in accordance with the following 6
schedule: 7
15.1.1 Unit members with less than three (3) consecutive years of 8
service shall earn one (1) hour of vacation for each twenty-six (26) hours of 9
regular assigned work. A maximum of eighty (80) hours per year may be earned 10
(10 days). 11
15.1.2 Unit members with three (3) and less than six (6) 12
consecutive years of service shall earn one (1) hour of vacation for each 13
seventeen (17) hours of regular assigned work. A maximum of one hundred 14
twenty (120) hours per year may be earned (15 days). 15
15. 1.3 Unit members with six (6) and less than ten (10) consecutive 16
years of service shall earn one (1) hour of vacation for each fifteen (15) hours of 17
regular assigned work. A maximum of one hundred thirty-six (136) hours per 18
year may be earned (17 days). 19
15. 1.4 Unit members with ten (10) and less than fifteen (15) years 20
of service shall earn one (1) hour of vacation for each thirteen (13) hours of 21
regular assigned work. A maximum of one hundred sixty (160) hours per year 22
may be earned (20 days). 23
15.1.5 Unit members with fifteen (15) and less than twenty-four (24) 24
years of service shall earn one (1) hour of vacation for each eleven and one-half 25
(11 1/2) hours of regular assigned work. A maximum of one hundred eighty four 26
(184) hours per year may be earned (23 days). 27
15.1.6 For each year of service over twenty-four (24) years, the unit 28
member shall earn one additional hour of vacation for each two hundred sixty 29
(260) hours worked (23 days plus). 30
15.2 Accumulated Vacation for 12 month Unit Members: Unit 31
members who are employed for twelve (12) months may accumulate vacation at 32
the rate of one-half of the amount that can be earned in one (1) year, up to a 33
maximum accumulation of not more than that indicated in 15.3.1 and 15.3.2 34
below. Vacation accumulated is vacation earned before the current year, but not 35
used. 36
45
Article 15: Vacation Plan
15.2.1 An amount equivalent to that which can be earned in one (1) 1
year, for unit members with less than five (5) years in the District. 2
15.2.2 An amount equivalent to that which can be earned in one 3
and one-half (1 1/2) years for unit members with five (5) or more years in the 4
District with a maximum of thirty (30) days that can be accumulated by a unit 5
member. 6
15.3 Scheduling of Vacations: Unit members may take vacation 7
during the school year even though not earned at the time the vacation is taken. 8
They must be scheduled at the convenience of the District and with the prior 9
approval of the unit member's immediate supervisor. Upon approval, vacations 10
may be taken at any time during the school year. If the unit member is not 11
permitted to take his/her full annual vacation, the amount not taken shall 12
accumulate as provided in the foregoing section, for use in the following year, or 13
shall be paid for in cash. In no case will a unit member forfeit vacation earned. 14
15.3.1 If a request for the use of accrued vacation is denied, the 15
affected employee may request a review of that decision by the next level of 16
supervision within two (2) working days with conclusion within five (5) working 17
days. The outcome of that review is final 18
15.3.2 All denials of vacation usage require the communication of 19
the reason for denial, which shall be for good cause only, and, not for arbitrary or 20
capricious reasons, which shall be documented on the vacation request form. 21
15.3.3 For Less Than 12 Month Unit Members Notwithstanding 22
15.4, less than 12 month unit members will be paid for the balance of their 23
vacation at the end of the school year. Under special circumstances, less that 12 24
month unit members may request the use of vacation leave during their work 25
year, subject to the approval of their immediate supervisor. 26
15.4 Vacation in Lieu of Sick Leave: Subject to other provisions 27
of this Agreement, vacation may be used as sick leave, at the option of the unit 28
member. 29
15.5 Accrual of Vacation While on Leave: Vacation is earned 30
only while the unit member is drawing pay from the District. It does not accrue 31
during a vacation period at the termination of service. 32
15.6 Rate of Pay for Vacations: The rate at which vacation is 33
paid shall be the unit member's current rate. A unit member whose vacation is 34
earned and begun under a given status shall suffer no loss of earned vacation 35
salary by reason of subsequent changes in condition of employment. 36
46
Article 15: Vacation Plan
15.7 Interruption of Vacation: The Board may allow permanent 1
unit members to interrupt or terminate vacation leave in order to begin another 2
type of paid leave, without a return to active service, provided the unit member 3
supplies adequate notice and relevant supporting information regarding the basis 4
for such interruption or termination. Except in exceptional circumstances, 5
vacation leave cannot be converted to any other type of leave after the leave is 6
completed. 7
15.8 Vacation During Probationary Period: 8
Notwithstanding Section 15.3 above, a unit member shall not be allowed to use 9
any earned vacation until completion of the initial six (6) months of employment. 10
However, during the Christmas holidays when the schools are closed, unit 11
members with less than six (6) months of employment may use earned vacation 12
hours upon approval. 13
15.11 Payment for Unused Vacation at Termination: Upon 14
termination of a unit member's service in the District, he/she will be paid for no 15
more unused vacation than the amount which he/she may have accumulated in 16
accordance with this Article. The unit member shall be entitled to lump-sum 17
compensation for all earned and accumulated vacation. 18
15.12 Closure of District Office During December: For 19
2011-2012 and each subsequent year, the Oxnard School District shall be closed 20
during the week between Christmas Day and New Years Day. 21
Twelve month unit members shall use accrued vacation leave or compensatory 22
time for those work days when the District is shut down. Should the unit 23
members not have any accrued vacation or compensatory time available to them 24
in a particular year, then the District shall advance vacation leave from the unit 25
members future accrual. If the unit member separates from employment with the 26
District before 09/01/2012 or September 1 of each subsequent year, then the 27
days advanced shall be deducted from their final check. 28
29
30
// 31
47
Article 16: Leaves
ARTICLE 16: LEAVES 1
16.1 Sick Leave: Sick leave is the authorized absence from duty 2
of a unit member because of illness, injury, exposure to contagious disease, 3
quarantine, or medical/dental appointments. 4
16.1.1 Accrual of Sick Leave: Unit members (probationary and 5
permanent) shall accrue sick leave as follows: 6
16.1.1.1 Full-time unit members shall accrue eight (8) hours of 7
sick leave for each calendar month of service. 8
16.1.1.2 Part-time unit members shall accrue sick leave on a 9
pro-rata basis. 10
16.1.1.3 Unit members whose work year is extended by the 11
Board shall accrue sick leave for service performed during the extended period. 12
16.1.1.4 New unit members shall accrue sick leave from the 13
first day of the month in which employed. If hired or separated from service after 14
the first day of a month, the unit member will accrue a prorated amount based on 15
the number of days in the month. 16
16.1.2 Use of Sick Leave: Sick leave may be used by a unit 17
member for absence from work because of illness, injury, exposure to contagious 18
disease, quarantine, medical/dental appointments or personal necessity to the 19
extent authorized by this rule and Section 16.3 provided that the unit member 20
has sick leave credits available. 21
16.1.2.1 A new unit member shall not be eligible to take more 22
than six (6) days of sick leave until the first day of the calendar month after 23
completion of six (6) months of active service with the District. 24
16.1.2.2 Pay for sick leave shall be the same as the pay which 25
would have been received had the unit member worked that day. Those unit 26
members working a "flexible" work schedule shall receive the same 27
compensation which they would have received had the unit member worked that 28
day. 29
16.1.2.3 Unit members are required to notify, their immediate 30
supervisor or designee and the District Office when they are to be absent for 31
illness. If the absence is to be longer than one (1) day, subsequent notification 32
for each day's absence is required, unless the duration of the absence can be 33
stated at the time of the notification. If the absence is to be longer than one day, 34
the unit member shall notify the District the day before returning so that a 35
substitute, if employed, may be released. 36
48
Article 16: Leaves
16.1.2.4 Sick leave of no more than the amount entitled to per 1
year may be granted in advance of being earned. However if a unit member 2
leaves the service of the District, any overpayment of sick leave will be recovered 3
by the District. 4
16.1.2.5 A unit member who is absent on sick leave shall not 5
be entitled to sick leave pay for missed overtime work. 6
16.1.2.6 Pregnancy, miscarriage, childbirth or recovery there 7
from is a temporary disability for which sick leave shall be utilized. The date of 8
commencement of absence from duties because of pregnancy, miscarriage, 9
childbirth or recovery there from shall be determined by the unit member and her 10
physician. The date of resumption of duties shall be determined by the unit 11
member and her physician. The physician's verification for the commencement 12
of absence from duties and resumption of duties shall be based on the unit 13
member's physical ability to perform assigned duties. 14
16.1.2.7 Pregnancy Disability and Maternity Leave: An 15
affected unit member who is on a modified work year is entitled to pregnancy 16
disability leave of thirty (30) days in paid status, provided such leave is 17
contiguous to the beginning of the disability and to childbirth. Any portion of such 18
leave which extends into and beyond the seventh week without a doctor's 19
verification shall be counted as and against Family Care and Medical Leave. 20
Absent such verification after six weeks, the leave shall not be deemed leave for 21
which the unit member is eligible under Government Code section 12945. 22
16.1.3 Accumulation of Sick Leave: If a unit member does not use 23
the full amount of sick leave allowed in any year, the amount not used is allowed 24
to accumulate from year to year without limit. 25
16.1.4 Verification: The Superintendent or the Personnel 26
Administrator reserves the right to conduct an investigation, including requiring 27
verification to determine appropriate use of sick leave when and where the 28
District has reasonable grounds to believe that sick leave privileges are being 29
misused by a unit member. 30
16.2 Bereavement Leave: 31
16.2.1 Bereavement leave may be taken up to five (5) days, on 32
account of the death of any member of the unit member's immediate family. 33
Immediate family shall mean the mother, father, grandmother, grandfather, or a 34
grandchild of the unit member or of the spouse/state registered domestic partner 35
of the unit member and the spouse/state registered domestic partner, son, son- 36
in-law, daughter, daughter-in-law, brother or sister of the unit member, brother-in- 37
49
Article 16: Leaves
law, sister-in-law, step-relatives, as listed herein, or any relative living in the 1
immediate household of the unit member. 2
16.2.2 Verification: Members of the bargaining unit may be 3
required to complete a leave verification form provided by the District. 4
16.2.3 Salary: Bereavement leave shall be at the regular daily rate 5
of pay for the first five (5) days. A bargaining unit member may request to extend 6
bereavement leave for an additional five (5) days. Upon approval by the 7
Assistant Superintendent of Human Resources or designee, such leave days 8
shall be compensated at the member's regular daily rate less the amount paid to 9
a substitute, whether or not a substitute is actually employed. 10
16.3 Leave for Personal Necessity: A unit member may claim 11
and deduct up to eight (8) days per year from his/her accumulated sick leave for 12
reasons due to personal necessity or emergency. It shall be the unit members 13
responsibility to track their usage of personal necessity leave. The charging of 14
such absences shall be subject to the approval of his/her immediate supervisor, 15
and such approval should be obtained in advance when possible. Absences 16
which may be charged to accumulated sick leave under this section include, but 17
are not limited to, the following categories: 18
16.3.1 Death of a member of his/her immediate family when 19
additional leave is required beyond that provided for in other sections of this 20
Agreement. 21
16.3.2 Death of a relative outside the immediate family or of a close 22
friend. 23
16.3.3 Accident involving his/her person or property, or the person 24
or property of his/her immediate family. 25
16.3.4 Appearance in court as a litigant, as a witness, or other 26
absence required under official government order or direction. 27
16.3.5 Professional improvement, such as: registration for courses 28
in recognized educational institutions, the taking of graduate or other 29
examinations or tests that could not be taken at other times, etc. This provision 30
does not include attendance at classes or lectures that are available at other 31
times which would not conflict with the unit member's obligations to the District. 32
16.3.6 Business transactions of an emergency nature. Such 33
transactions must require the presence of the unit member and could not be 34
dealt with during off-duty hours. 35
50
Article 16: Leaves
16.3.7 Unforeseen family responsibilities of a critical or urgent 1
nature. Absences of this type would include, but not be limited to: illness of the 2
immediate family, problems related to property, or necessary appearance of self 3
or member of the immediate family in court or other governmental agency, but 4
not under court order or official government order or direction. 5
16.3.8 Acceptance of an honor, such as a diploma, degree, or 6
special award from a recognized educational institution or government agency for 7
self or immediate family member. 8
16.3.9 Attendance at weddings of immediate family member or self; 9
or observation of a recognized religious holiday of a unit members faith. 10
16.3.10 The District Personal Necessity Leave form shall be used to 11
request or verify use of this Article by the unit member. This form shall state the 12
foregoing categories in the contract format. The unit member will be required to 13
sign the form one time only. Signature on the monthly payroll time card 14
represents certification by the unit member that leave was used as stipulated. 15
16.4 Family Sick Leave: A unit member may use up to ten (10) 16
days of sick leave per fiscal year for the purpose of caring for a child, 17
spouse/state registered domestic partner, or parent who is sick or injured. A new 18
unit member, during the first six months of employment, shall be limited in the 19
use of sick leave for purposes of caring for a spouse, child, or parent by Section 20
16.1.2.1. 21
16.5 Industrial Accident and Illness Leave: A unit member who is 22
absent from duty because of an industrial accident or illness shall be entitled to 23
leave in accordance with this section and law. Except as provided for in Article 24
16.5.1, a unit member must have attained permanent status before being eligible 25
for industrial accident leave benefits under this section. 26
16.5.1 Any absence which is supported by a doctor's certificate and 27
which is verified by the District's administering agency as qualified for Worker's 28
Compensation is an absence payable under the industrial accident and illness 29
leave. During the period of determination by the administering agency, the 30
payroll charge will be made to the unit member's sick leave account. If the claim 31
is approved, an adjustment will then be made, restoring to the unit member the 32
sick leave previously charged from the first day of absence and making a charge 33
in lieu thereof to industrial accident and illness leave. 34
16.5.2 A maximum of sixty (60) working days of industrial accident 35
and illness leave is allowable in any one fiscal year for the same illness or 36
accident. Eligibility for industrial accident and illness leave will continue for only 37
51
Article 16: Leaves
such period as the unit member qualifies under the Worker's Compensation laws. 1
An industrial accident or illness leave may overlap into the next fiscal year by no 2
more than the amount of leave remaining at the end of the fiscal year in which 3
the injury or illness occurred. 4
16.5.3 Industrial accident or illness leave shall not be accumulative 5
from year to year. 6
16.5.4 Payments for wages lost on any day shall not, when added 7
to an award granted the unit member under the Worker's Compensation laws of 8
this state, exceed the normal wage for the day. 9
16.5.5 Should the unit member's absence due to industrial accident 10
or illness extend beyond sixty (60) workdays, the unit member shall be permitted 11
to use only as much of his/her accumulated sick leave, compensatory time 12
and/or vacation which, when added to the Worker's Compensation award, 13
provides a normal wage for the day. 14
16.5.6 Should the unit member's absence extend beyond all entitled 15
paid leaves of absence, he/she shall be placed on an extended-illness absence 16
leave without pay for a period of three (3) months from the date all of his/her paid 17
leave of absence benefits are exhausted. 18
16.5.7 If the unit member is not medically able to assume the duties 19
of his/her position after all industrial accident and illness leave, sick leave, 20
vacation, compensatory time and extended-illness absence leave have been 21
exhausted, his/her name shall be placed on a reemployment list for a period of 22
thirty-nine (39) months. When medically released for return to duty during the 23
thirty-nine (39) month period, he/she shall be employed in the first vacant 24
position in the class of his/her previous assignment over all other available 25
candidates, except for those on a reemployment list established because of a 26
lack of work or a lack of funds. 27
16.5.8 For the purpose of this Article, the term "duty" refers to all 28
scheduled working days, including legal and District-declared holidays, on which 29
a unit member is authorized to receive salary payment. 30
16.5.9 The term "qualifying for workers compensation" presupposes 31
that an accident report has been filed according to established procedure, and 32
that the administering agency considers the claim valid. In the event of rejection 33
of the claim by the administering agency, industrial accident leave shall not 34
apply. 35
36
52
Article 16: Leaves
16.6 Additional Leave for Non-Industrial Accident or Illness: 1
16.6.1 A permanent unit member who has exhausted all entitlement 2
to sick leave, vacation, compensatory time or other available paid leave and who 3
is absent because of a non-industrial accident or illness may be granted 4
additional leave, with or without pay, not to exceed, six (6) months. The Board 5
may renew the leave of absence, paid or unpaid, for two (2) additional six-month 6
periods or such lesser leave periods that it may provide, but not to exceed, a total 7
of eighteen (18) months. 8
16.6.2 A unit member, upon ability to resume the duties of a 9
position within the class to which he/she was assigned, may do so at any time 10
during the leave of absence granted under this section, and time lost shall not be 11
considered a break in service. He/she shall be restored to a position within the 12
class to which he/she was assigned and, if at all possible, to his/her position with 13
all the rights, benefits, and burdens of a permanent unit member. 14
16.6.3 If, at the conclusion of all leaves of absence, paid or unpaid, 15
the unit member is still unable to assume the duties of his/her position, he/she 16
shall be placed on a reemployment list for a period of thirty-nine (39) months. 17
16.6.4 At any time, during the prescribed thirty-nine (39) months, 18
that the unit member is able to assume the duties of his/her position, he/she shall 19
be reemployed in the first vacancy in the classification of his/her previous 20
assignment after the transfer process has been completed. His/her 21
reemployment will take preference over all other applicants, and shall be ranked 22
according to his/her proper seniority. Upon resumption of his/her duties, the 23
break in service will be disregarded and he/she shall be fully restored as a 24
permanent unit member. 25
16.7 Entitlement to Other Sick Leave: 26
16.7.1 Once each year, in addition to the accumulated or current 27
sick leave to which he or she is entitled under Education Code Section 45191, a 28
bargaining unit member shall be credited with a total of one hundred (100) 29
working days of paid sick leave. Such one hundred (100) days of paid sick leave 30
shall be compensated at a rate of fifty percent (50%) of the unit member's regular 31
salary. A unit member shall become eligible for such fifty percent (50%) sick 32
leave on the sixth (6th) consecutive workday of an illness. Once eligible, the unit 33
member shall receive fifty percent (50%) sick leave pay on the first day of the 34
illness that is not covered by one hundred percent (100%) sick leave pay. Any 35
unused portion of this entitlement shall not be carried over into a new fiscal year. 36
53
Article 16: Leaves
16.7.2 The entitlement to the 100 days of sick leave provided each 1
year shall commence after exhaustion of all regular sick leave. The unit member 2
may request that vacation and accumulated compensatory time be scheduled 3
and taken before the entitlement to other sick leave benefits begin. 4
16.7.3 Compensation for holidays, as designated in this Agreement, 5
occurring during the period that the unit member is absent on the herein 6
described leave, is to be made at the assigned number of hours the member 7
regularly worked. 8
16.7.4 When a unit member is entitled to utilize the benefits 9
provided for by this section and is receiving workers' compensation benefits, the 10
100-day allocation shall be prorated by the percentage of wages earned 11
(combination of 50 percent (50%) pay and workers' compensation benefits). In 12
no event can a unit member utilizing the 100-day allocation in conjunction with 13
workers' compensation benefits be provided the prorated equivalent of more than 14
130 days of Entitlement to Other Sick Leave. 15
16.8 Jury Duty and Witness Leave: 16
16.8.1 Leave of absence for jury service shall be granted to any unit 17
members who have been officially summoned to jury duty in local, state or 18
federal court (excluding Grand Jury Service). Leave shall be granted for the 19
period of the jury service. The unit member shall receive full pay while on leave 20
provided that an amount equal to the jury service fee for such leave, excluding 21
transportation expenses, is paid to the District and the subpoena or court 22
certification is filed with the District. Request for jury service leave should be 23
made by presenting the official court summons to jury service to the immediate 24
supervisor immediately after receipt. If the unit member is called for jury duty 25
during his/her work year, he/she may attempt to defer the jury duty for a time that 26
poses less inconvenience to the operation of the District. 27
16.8.2 A leave of absence or release time to serve as a witness in a 28
court case or a District disciplinary hearing shall be granted to a unit member 29
when he/she has been served with a subpoena to appear as a witness not as a 30
litigant in the case. The length of the leave granted shall be for the number of 31
days in attendance in court or District disciplinary hearing as certified by the clerk 32
or other authorized officer of the court. The unit member shall receive full pay 33
during the leave period, provided that an amount equal to the witness fees for 34
such leave, if any, excluding transportation expenses, is paid to the District and a 35
subpoena or court certification is filed with the District. Request for a leave of 36
absence to serve as a witness should be made by presenting the official 37
54
Article 16: Leaves
court/disciplinary hearing summons to the immediate supervisor immediately 1
after receipt. 2
16.8.3 The unit member who has received leave under this rule 3
shall make himself/herself available for work during hours when his/her presence 4
is not required in court or at the District disciplinary hearing. However, no 5
bargaining unit member shall be required to spend more than his/her assigned 6
hours for the combined service including transportation time. 7
16.9 Absence for Examination: Every unit member shall be 8
permitted to be absent from his/her duties during working hours in order to take 9
any examination for promotion within the District without deduction of pay or 10
other penalty, provided that he/she gives two (2) days' notice to his/her 11
immediate supervisor. Release time extended under this section shall be limited 12
to the duration of the examination and travel to and from the examination site. 13
16.10 Military Leave: Unit members who are members of the 14
Armed Forces of the United States or the National Guard, or who are inducted, 15
enlisted, or are otherwise ordered to active duty, shall be granted such leave and 16
military leave pay as provided by law. The unit members shall retain all rights 17
and privileges granted by law. Length of service credit shall include time spent 18
on military leave of absence. No unit member shall be discriminated against for 19
the use of his/her Military Leave, and shall maintain all rights under the current 20
Agreement. Unit members shall provide a copy of his or her order to report at 21
least five (5) work days prior to the beginning of his or her leave, absent 22
exceptional circumstances. 23
16.11 Leave to Serve in Exempt, Temporary or Limited-Term 24
Position: Any permanent unit member who accepts an assignment within the 25
District to an exempt, temporary or limited term position shall, during such 26
assignment, be considered for status purposes as serving in his/her regular 27
position, and such assignment shall not be considered separation from service. 28
16.11.1 The unit member may, with the approval of the appointing 29
authority voluntarily return to his/her position or a position in the class of his/her 30
permanent status prior to the completion of service in an exempt, temporary, or 31
limited-term position. Failure to complete the required service, unless approved 32
as specified herein, will constitute abandonment of position, and may be grounds 33
for disciplinary action by the appointing authority. 34
16.12 Leave for Official Business: Attendance at meetings, 35
conferences, etc., that is designated as official business does not constitute an 36
55
Article 16: Leaves
absence. Official business includes, but is not limited to, attendance at 1
professional meetings, planning sessions, visiting other school districts, etc. 2
16.12.1 Authorization for official business attendance must be on a 3
prior-approval basis, and approval must be obtained from the unit member's 4
immediate supervisor. 5
16.13 Leave(s) of Absence Without Pay: Leave(s) of absence 6
without pay may be granted to a permanent unit member, upon the written 7
request of the member, and the approval of the Superintendent or his/her 8
designee, subject to the following restrictions: 9
16.13.1 Leave(s) of absence without pay may be granted for any 10
period not exceeding one year, except that leave(s) for military service shall be 11
granted as provided by the Education Code and the Military and Veterans Code, 12
and leave(s) of absence for service in the Peace Corps may be granted for a 13
period not to exceed twenty-four (24) months. 14
16.13.2 Granting of a leave of absence without pay gives to the unit 15
member the right to return to a vacant position in his/her same classification, at 16
the same number of hours, at the expiration of the leave of absence, provided 17
that he/she is physically and legally capable of performing the duties. In the 18
event a vacant position does not exist in that classification, the unit member shall 19
have the right to displace the least senior unit member with an equivalent 20
assignment in that classification. 21
16.13.3 A unit member may make a written request to the Board to 22
return to work prior to the expiration date of the leave. The Board may approve 23
or reject the request. 24
16.13.4 Failure to report for duty within one (1) working day after a 25
leave has expired shall be considered abandonment of the position, and the unit 26
member may be terminated by the Board. The termination may be appealed to 27
the Personnel Commission. 28
16.13.5 If the unit member's classification has been abolished during 29
his/her absence, he/she shall be laid off for lack of work and placed on the 30
reemployment list for the class effective the date of termination of the leave. 31
He/she may be returned to a vacant position in a class at the same or a lower 32
salary level for which he/she is qualified. 33
16.14 Additional Paid Leaves of Short Duration: 34
16.14.1 Paid leaves of five (5) days or less, per request, for 35
legitimate purposes other than those already covered by this Article, may be 36
56
Article 16: Leaves
granted by the Superintendent/designee or Assistant Superintendent of Human 1
Resources upon request. Legitimate purposes may include, but are not limited 2
to, personal reasons, illness or accident in family. The unit member shall seek 3
prior approval of such leave. 4
16.14.2 Factors to be considered in granting a leave request and for 5
determining the appropriate length of the leave include, but shall not be limited to 6
length of service with the District; work performance; attendance record; length of 7
request; reason(s) for the leave; and availability of other leave(s). 8
16.15 Additional Paid Leave(s) for More Than Five (5) Days: 9
16.15.1 Paid leaves for more than five (5) days for legitimate 10
purposes, other than those already covered by this Article, may be granted by 11
the Board, upon request. Legitimate purposes may include, but are not limited 12
to, retraining and study leave(s), extended illness or injury. 13
16.15.2 Factors to be considered in granting a leave request and for 14
determining the appropriate length of the leave include, but shall not be limited to 15
length of service with the District; work performance; attendance record; length of 16
request; reason(s) for the leave; and availability of other leave(s). 17
16.16 Family Care and Medical Leave: 18
16.16.1 Leaves: Eligible unit members may take leaves under this 19
section for the birth, adoption, or foster care of a child, the serious health 20
condition of the unit member's child, parent or spouse/state registered domestic 21
partner and the unit member's own serious health condition except for disability 22
caused by pregnancy, childbirth or related medical conditions. 23
16.16.2 Eligibility: Eligible unit members are entitled to up to a total 24
of twelve workweeks of unpaid leave over any twelve-month period for family 25
care and medical leave providing they have more than twelve months of service 26
and at least one thousand two hundred fifty (1,250) hours of service in the 27
previous twelve-month period. 28
16.16.3 Reinstatement Rights: A unit member whose request for 29
leave has been granted shall be guaranteed reinstatement to the same position 30
or comparable position if their previous one has been eliminated upon 31
termination of the leave. 32
16.16.4 Continuation of Health Benefits: The District will maintain 33
and pay the current monthly contributions for eligible unit members toward the 34
payment of premiums for group health benefits throughout the period of family 35
care and medical leaves. Unit members shall be entitled to participate in other 36
57
Article 16: Leaves
benefit plans not provided by the District pursuant to this paragraph to the same 1
extent and under the same conditions that apply to an unpaid leave taken for any 2
purpose other than that described in Section 16.16.2. 3
16.16.5 Coordination of Benefits: Unit members will be required to 4
use all accrued paid vacation, other accrued time off, and any other paid or 5
unpaid time off provided for under this Agreement such as personal leave, one 6
hundred (100) working days at fifty percent (50%) pay, and family care and 7
medical leave concurrently with leaves taken for the birth or placement of a child 8
or to care for an ill family member. Leave for which the unit member is eligible 9
under Government Code Section 12945 shall not count against, but shall be in 10
addition to, family care and medical leaves. However, a unit member may not be 11
required to use sick leave during a period of leave in connection with the birth, 12
adoption, or foster care of a child, or to care for a child, parent spouse, or state 13
registered domestic partner with a serious health condition, unless mutually 14
agreed to by the unit member and the District. Unit members who take leaves for 15
their own serious health condition will be required to use accrued sick leave in 16
addition to accrued paid vacation, and all other paid or unpaid leaves provided 17
for in this Agreement. 18
16.16.6 Unit Member Status: A leave for family care and medical 19
leave shall not constitute a break in service for purpose of longevity, seniority or 20
any employee benefit plan. 21
16.16.7 Reasonable Notice: If a leave is foreseeable, the unit 22
member shall provide the District with reasonable advance notice of the need for 23
the leave and make reasonable efforts to schedule planned medical treatment to 24
avoid disruption to the operations of the District. 25
16.16.8 Medical Certification: The District may require a unit 26
member's request for leave to care for a child, spouse, state registered domestic 27
partner or a parent who has a serious health condition to be supported by a 28
certification issued by the health care provider. Certification is sufficient if it 29
states (1) the date the serious health condition commenced; (2) the probable 30
duration; (3) that the unit member is needed to provide such care, or that the unit 31
member is unable to perform his/her job due to the serious health condition. A 32
second opinion may be required by the District and at District expense for the 33
unit member's serious health condition. If the two opinions conflict, a third and 34
binding examination may be required by a mutually agreed on health provider at 35
the District's expense. As a condition of a unit member's return from leave taken 36
because of his/her own serious health condition, the District may require the unit 37
58
Article 16: Leaves
member to obtain certification from his/her health care provider that the unit 1
member is able to resume work. 2
16.17 Catastrophic Sick Leave: 3
16.17.1 A catastrophic illness or injury means an illness or injury 4
that is expected to incapacitate the employee for an extended period of time, or 5
that incapacitates a member of the employees family (defined as: spouse, 6
domestic partner or child of the unit member) whose incapacity requires the 7
employee to take time off from work for an extended period of time to care for 8
that family member, and taking extended time off work creates a financial 9
hardship for the employee because he/she has exhausted all of his/her fully paid 10
sick leave and other fully paid time off. 11
16.17.1.1 The intent of this leave is to provide unit members 12
economic relief for devastating personal health circumstances. Catastrophic 13
leave may not be used for: Elective Surgery, Personal Necessity Leave, Normal 14
Pregnancy, Substance Abuse Rehabilitation or Bereavement. 15
16.17.2. Catastrophic Sick Leave Donation Plan Permanent unit 16
members or family members who are experiencing catastrophic illness and have 17
exhausted all their fully paid leave may request direct donations of accumulated 18
unused sick leave from District permanent unit members who wish to donate 19
directly to that individual. The following conditions apply: 20
16.17.2.1 Unit members wishing to solicit donations of sick leave 21
shall provide the Assistant Superintendent of Human Resources, or designee, 22
with a written request to participate in the program. The request shall include a 23
description of the illness necessitating the request. A verification of the 24
information in the request from the unit member's physician shall be attached. 25
Family members or Association representatives may draft a request in cases 26
where illness prevents the unit member from completing a request. The above 27
information shall be confidential in nature and for personnel office use only. The 28
unit member or designee shall provide permission to the District for releasing 29
confidential information for use when soliciting donations. 30
16.17.2.2 The District shall publish and post a request for 31
donation notice at each District work site. The notice shall specify a window 32
period for receipt of donations of fifteen (15) workdays from the date the notice is 33
published. The notice shall include the name of the requesting unit member and 34
work site. The nature of their illness will be provided only if written authorization 35
is received directly from the unit member and/or family representative. 36
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Article 16: Leaves
16.17.2.3 Unit members may donate up to a maximum 1
equivalent of three (3) days of their sick leave per year. Unit members may not 2
donate sick leave if, as a result of the donation, their balance of accumulated sick 3
leave falls below the equivalent of fifteen (15) days. Donations of sick leave shall 4
be submitted to the Classified Personnel Office on a form provided by the 5
District. Donations shall be transferred to the leave balance of the unit member 6
requesting the donation, regardless of the classification/salary of unit members 7
donating and receiving donations. The District shall provide unit members 8
donating leave with a verification of sick leave days transferred to the requesting 9
unit member. Donations will be processed and applied on a first-received basis. 10
Unused donation days will be returned to the donor. 11
16.17.2.4 Unit members receiving donations shall be limited to a 12
maximum equivalent of 50 of their days per catastrophic illness or injury. A unit 13
member cannot request catastrophic leave for the same illness or injury for a two 14
(2) year period from the last date of usage of catastrophic leave. 15
16.17.2.5 Unit members may choose to utilize the donated sick 16
leave to coordinate with their Entitlement to other sick leave in section 16.7.1 in 17
order to provide a full days wage for a total of 100 days. 18
16.18 Pursuant to California Family Code Section 297, all 19
references to spouse in Article 16 shall be applied to include state registered 20
domestic partner. Wherever spouse is mentioned within the Leave Article, it 21
will be changed to read, spouse/state registered domestic partner. 22
16.19 Emergency Leave: Natural Disasters In the event an 23
employee is unable to reach work from home because of conditions resulting 24
from a natural disaster, i.e. flooding, landslides, earthquake, fire, the Board of 25
Education shall grant an emergency leave of absence to the affected unit 26
members. This leave shall be granted without loss of pay and shall not be 27
charged against the employees Personal Necessity Leave or other paid leaves. 28
16.20 Unpaid leaves (except for FMLA/CFRA) of more than thirty 29
(30) days shall adjust the hire date of the unit member by the same number of 30
unpaid days. 31
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Article 17: Transfers
ARTICLE 17: TRANSFERS 1
17.1 The District shall make all initial assignments. Such 2
assignments shall be within the classification for which the unit member was 3
hired. 4
17.2 No transfer shall be initiated or selections made for arbitrary 5
or capricious reasons. 6
17.3 The District shall post at each work location known 7
vacancies. Such vacancies shall be posted for not less than five (5) working 8
days. For purposes of this provision, a vacancy shall occur when a new position 9
is created, or an existing position becomes vacant, as a result of retirement, 10
resignation, transfer, promotion or termination. A vacancy shall also occur if 11
there is an increase in the number of hours per day or year. 12
17.3.1 A vacancy shall also occur if there is a change in the number 13
of hours per day that results in a gain or loss of health and welfare benefits (i.e. 14
health, dental, vision, and life insurance) as defined in Article 13 Health and 15
Welfare Benefits. 16
17.3.2 Differentials or stipends shall only be added to or deleted 17
from positions when the position is vacant, unless such addition or deletion is 18
brought to the monthly Labor Management meeting. 19
17.4 A transfer shall mean the reassignment of a unit member 20
without examination from one position to another in the class currently held or, if 21
no reemployment list exists for the class, related class with the same salary 22
range. A list designating families of classifications shall be maintained by the 23
Personnel Commission. The Director of Classified Human Resources, as 24
designated by the Personnel Commission, shall determine the relatedness of 25
classifications in consultation with the affected unit member and a CSEA 26
representative. Such meeting shall occur within 2 working days. 27
17.5 Voluntary Transfers: 28
17.5.1 A bargaining unit member may request a transfer to a vacant 29
position by submitting a request to the Human Resources within the five (5) day 30
posting period. Consideration will be given to all requests for transfer per 17.4 31
which have been properly submitted on the District form. 32
17.5.2 If one or more regular unit members apply for transfer during 33
the posting period, no transfer applications will be accepted after the closing 34
date. Sections 17.5 and 17.5.4 will apply. 35
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Article 17: Transfers
17.5.3 If no regular unit members apply for transfer during the post- 1
ing period, but a written transfer request from a regular unit member is received 2
in the Human Resources Office after the close of the posting period and before 3
the final selection process has begun, the unit member will be considered for the 4
position along with three ranks from the eligibility list. Sections 17.5 and 17.5.4 5
will not apply. 6
17.5.4 The following factors shall be considered in evaluating 7
applicants. These are not used in order of priority: (a) Education and training 8
experience; (b) Work experience in the same or related field; (c) Specific needs 9
of the District for the position; and (d) Work related personal attributes. When the 10
hiring supervisor finds two (2) or more unit members qualified and substantially 11
equal in qualifications and makes the recommendation to the Human Resources 12
Office, the unit member with the greater seniority shall fill the position. In the 13
event the most senior unit member is not selected for the transfer, the Director of 14
Classified Human Resources shall notify CSEA in writing as to the selection 15
rationale. 16
17.5.5 A unit member who has received marks of Does Not Meet 17
District Standards or Needs Improvement on his/her last evaluation shall not 18
be eligible for transfer. This criteria can be waived by the Assistant 19
Superintendent, Human Resources. If the Assistant Superintendent, Human 20
Resources elects to waive this provision and the unit member is not selected, the 21
decision may not be grieved. A unit member may request an updated evaluation 22
if his/her last evaluation was not within the last sixty (60) working days. 23
17.5.6 The unit member's assigned hours shall not affect his/her 24
eligibility for the vacant position. 25
17.5.7 For purposes of this Article, seniority shall be determined by 26
the unit member's hire date in a permanent position. When two or more unit 27
members have the same hire date, then the determining factor shall be total 28
District seniority hours. 29
17.5.8 When only one (1) member applies for the posted vacancy, 30
the appointing authority may also interview the first available rank from an 31
appropriate list. 32
17.6 Involuntary Transfers: 33
17.6.1 Transfer of bargaining unit members from one location to 34
another may be initiated by the District. A conference will be held between the 35
appropriate management person and the unit member being transferred in order 36
to discuss the reasons for transfer at least three (3) days in advance of the 37
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Article 17: Transfers
effective date of the transfer. The unit member shall have the right to 1
representation at this conference, and the chapter president shall be consulted 2
prior to the effective date of the reassignment. 3
17.6.2 In multi-involuntary transfers, the most senior unit member 4
by anniversary date shall have choice of positions. All remaining positions shall 5
be filled in accordance with seniority as determined by anniversary date. 6
17.7 A probationary unit member may request transfer and 7
transfer may occur at the discretion of the Assistant Superintendent, Human 8
Resources. 9
17.8 In carrying out the intent of this section, if a unit member has 10
experienced a break in service, that unit member's hire date shall be adjusted 11
to account for the break in service unless the unit member was reinstated within 12
39-months of their separation from the District. 13
17.9 Voluntary Demotion: A permanent unit member may request 14
a voluntary demotion from his/her current class to a classification for which 15
he/she qualifies with a lower maximum salary rate if no reemployment list exists 16
for the class. The unit member shall be considered as a transfer candidate. 17
17.10 Each special education Instructional Assistant/Paraeducator 18
whose assigned teacher is moved due to the transfer of the special education 19
program location may move with that teacher provided: 20
(a) The teacher, Instructional Assistant/Paraeducator, 21
and accepting principal all agree to the movement. 22
(b) The class to which the teacher moves has a vacancy 23
for an Instructional Assistant/Paraeducator (vacancy to be defined as a situation 24
where there are fewer Instructional Assistant/Paraeducators assigned to a 25
school than there are available Instructional Assistant/Paraeducator positions). 26
(c) There shall be a suspension of the transfer provisions 27
of the contract when the above occurs. 28
17.11 Six Hour Instructional Positions: Six hour instructional 29
assistant positions shall be filled in accordance with the process described in the 30
Letter of Understanding Regarding Instructional Assistant Hourly Assignment 31
changes dated December 1, 1993 attached hereto as Appendix G, and 32
attachment, and incorporated herein by reference as fully set forth. 33
17.12 Transfer Limitation 34
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Article 17: Transfers
17.12.1 Unit members will be permitted to transfer into a like position 1
(same classification, same number of hours, same number of work days per 2
year) two times within any twenty-four (24) month period. 3
17.12.2 More than one transfer will be permitted in a twelve month 4
period if the transfer results in an increase in hours per day, an increase in work 5
year days, or is a non-promotional change in classification for the employee. 6
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Article 18: Promotion
ARTICLE 18: PROMOTION 1
18.1 Job vacancies, not filled by transfer, within the bargaining 2
unit shall be filled by promotion, except when it is determined that there may not 3
be a sufficient number of applicants available to complete a promotional list. 4
18.2 Posting of Notices: 5
18.2.1 Notice of all job vacancies within the bargaining unit shall be 6
posted on bulletin boards in prominent locations at each District work site and on 7
the District web site. 8
18.2.2 The job vacancy notice shall remain posted for a period of 9
five (5) full working days, during which time members of the unit may file for the 10
vacancy. 11
18.2.3 Any bargaining unit member who will be on modified work 12
year, any leave of absence, or layoff during the period of the posting, shall be 13
emailed a copy of the notice unless the unit member requests a hard copy be 14
sent by "First Class" mail on the date the position is posted, provided that the unit 15
member has a job interest request on file in the Human Resources office. 16
18.3 Notice Contents: The job vacancy notice shall include the 17
job title, a brief description of the position, the salary range, and the deadline for 18
filing to fill the vacancy. When known, the notice shall include number of hours 19
per day, regular assigned work shift times, days per week, and months per year 20
assigned to the position. 21
18.4 Filing: Any unit member may file for a vacancy by 22
completing and returning an appropriate application form to the personnel 23
department within the filing period. 24
18.5 Salary Placement: In determining appropriate salary 25
placement for unit members upon promotion, step placement shall be limited to 26
Steps A through E of the new salary range. Upon promotion to a class allocated 27
to a higher salary range, the unit member will be placed on the first step of the 28
new range which affords the unit member with at least a five percent (5%) 29
increase in salary, not to exceed the top step of that salary range. Upon 30
successful completion of a six (6) calendar months or a 130 day period of 31
probation in paid service, whichever is longer, the unit member will be advanced 32
another step (5% increase) on the salary schedule if not initially placed on the top 33
step. 34
18.5.1 However, upon written request (appeal), by a unit member 35
the Personnel Commission may approve a higher salary placement based upon 36
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Article 18: Promotion
circumstances which would otherwise deprive the unit member of the benefits of 1
an appropriate salary increase. A unit member who is receiving a super- 2
maximum (longevity increment) at the time of promotion shall have such 3
increment added to the new salary, regardless of step placement. 4
18.6 When a permanent unit member is promoted and does not 5
successfully complete a six (6) calendar months or 130 day probationary period 6
in paid service in the new classification, whichever is longer, the unit member 7
shall have the right to be placed back in the former classification in a vacant 8
equivalent position. If a vacant position does not exist, the unit member shall 9
displace the least senior unit member in the classification from which the unit 10
member was promoted with the same number of hours per day, months per year 11
and differential. 12
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Article 19: Classification/Reclassification and Reinstatement
ARTICLE 19: CLASSIFICATION/RECLASSIFICATION AND 1
REINSTATEMENT 2
19.1 Placement in Classification: Every bargaining unit position 3
shall be placed in a classification. 4
19.1.1 Salary Placement of Reclassified Positions, New Positions 5
or Classes of Positions: Initial placement on the salary schedule shall be made 6
by the Personnel Commission, and said placement is then subject to negotiations 7
upon demand by either party. 8
19.2 Reclassification: Either party may propose a reclassification 9
at any time during the life of this Agreement for any position. Forms for this 10
process are available in the Human Resources Department and on the Districts 11
website. For purposes of this article a Day shall be defined as a day that the 12
District Office is open for business. 13
19.2.1 Employee initiated requests for reclassification shall be 14
submitted to the immediate supervisor. Upon receipt of the request, the 15
immediate supervisor shall comment on the request form and forward the form to 16
the Director of Classified Human Resources within ten (10) business days. 17
19.2.2 The Director of Classified Human Resources shall process 18
the request (i.e., Desk Audit, Market Study, etc., as needed) within forty (40) 19
business days. This time period can be extended with the agreement of both 20
parties. 21
19.2.3 The Director of Classified Human Resources shall forward 22
the recommendation to the Superintendent or designee for his or her review. The 23
Superintendent or designee shall respond to the Director of Classified Human 24
Resources within twenty (20) days. 25
19.2.4 Following the review by the Superintendent or designee, the 26
Director of Classified Human Resources shall report his/her findings, which shall 27
include the Superintendents or Designees recommendation, to the employee, 28
CSEA Chapter President, and Superintendent/designee within seventy (70) 29
business days from the receipt of the initial request. This report shall be provided 30
at least fifteen (15) days prior to the submission to the Personnel Commission. 31
The fifteen (15) day time period may be waived by agreement of both parties. 32
19.2.4.1 The unit member shall have the right to appeal to the 33
Personnel Commission if the request for reclassification has been denied. 34
19.2.5 The Personnel Commission will review the request at its next 35
regularly scheduled meeting and initial placement on the salary schedule will be 36
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Article 19: Classification/Reclassification and Reinstatement
made. Said placement is then subject to negotiations upon demand by either 1
party. If negotiations are demanded by either party, said negotiations shall be 2
scheduled upon agreement by the parties. 3
19.2.6 Reclassification of a position shall become effective on the 4
date prescribed by the Commission and shall not have retroactive effect. 5
Effective dates may be set sufficiently in the future to allow time for examinations 6
to be complete, but not for more than three (3) months. (EC 45285) 7
19.3 Incumbent Rights/Reclassification: 8
19.3.1 When all of the positions in a class are reclassified to a 9
higher class, the incumbents of the positions who have been in the class for two 10
(2) or more years may be reclassified with their positions by the Personnel 11
Commission. When a portion of the positions within a class are reclassified to a 12
higher class, an incumbent, who has a continuous employment record of two (2) 13
or more years in one or more of the positions being reclassified, may be 14
reclassified with his/her position as provided by Personnel Commission rule. 15
19.3.2 In any reclassification that results in the displacement of a 16
unit member, the incumbent unit member shall be entitled to transfer into any 17
vacant position of equal time in the class. If a vacant permanent position of 18
equal time is not available, the incumbent unit member may bump the least 19
senior person in the class with the same number of hours, or if none, with the 20
next existing greater number of hours, or if none, the least senior unit member 21
with the next existing fewer number of hours in the class. 22
19.3.3 The basis for reclassification of the position must be a 23
gradual accretion of duties and not a sudden change occasioned by the 24
reorganization or the assignment of completely new duties and responsibilities. 25
Determinations as to gradual accretion will be on the basis of guidelines provided 26
by the Personnel Commission rules. 27
19.4 Reclassification Limitation: A unit member who has been 28
reclassified with his/her position shall be ineligible for subsequent reclassification 29
with his/her position for a period of at least two (2) years from the initial action. 30
19.5 Reinstatement of Unit Members After Resignation: Any 31
permanent classified employee of a school district who voluntarily resigns from 32
his/her permanent classified position may be reinstated or reemployed by the 33
governing board of the district, within 39 months of his/her last day of paid 34
service and without further competitive examination, to a position in his/her 35
former classification as a permanent or limited-term employee, or as a 36
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Article 19: Classification/Reclassification and Reinstatement
permanent or limited-term unit member in a related or lower class or a lower 1
class in which the unit member formerly had permanent status. 2
19.5.1 If the governing board elects to reinstate or reemploy a 3
person as a permanent unit member under the provisions of this section, it shall 4
disregard the break in service of the unit member and restore to the unit member 5
all of the rights, benefits and burdens of a permanent unit member in the class to 6
which he/she is reinstated or reemployed. 7
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Article 20: Layoff, Reemployment, and The Effects
ARTICLE 20: LAYOFF, REEMPLOYMENT, AND THE EFFECTS 1
20.1 Layoffs: 2
20.1.1 Definitions: Layoff, as used herein, shall refer to reductions 3
in assigned time or work year, and to separations due to (a) reclassification of 4
positions, (b) elimination of position(s), classification(s), and (c) reorganization of 5
services. 6
20.1.2 Prior to a reduction in hours or work year, the District shall 7
provide advance notice to CSEA. At the written request of CSEA, the parties 8
shall meet to negotiate alternatives to the District's decision(s) to reduce hours or 9
work year. 10
20.1.3 If an employee holds more than one position, refer to Article 11
8.13 and subsections for further information. 12
20.2 Reason(s) for Layoff: Layoff shall occur for lack of work or 13
lack of funds. 14
20.3 Notice of Layoff: Except where provided below, any layoff 15
shall take place upon forty-five (45) days' written notice, return receipt requested, 16
or personally delivered to the unit member, and shall include the effective date of 17
the layoff. Any notice of layoff shall specify the reason for layoff, the identity by 18
name and classification of the unit member designated for layoff, reemployment 19
rights, and a notice concerning unemployment benefits. CSEA shall receive 20
concurrent notice of the layoff by way of a list of unit member names affected by 21
the layoff, as well as a copy of the actual notice sent. In the event of an existing 22
financial inability to pay salaries of classified unit members, or because of 23
unforeseeable or unpreventable causes, the governing board can provide less 24
than forty-five (45) days notice to the unit member(s) in effectuating a layoff. 25
20.4 Consultation: Following notice of layoff as provided herein 26
above, the District and CSEA within five (5) working days shall agree to meet to 27
review the layoff and to determine the order of the layoff in accordance with the 28
provisions of the Agreement. 29
20.4.1 The District shall supply the Association with a seniority list, 30
a layoff list, and a statement of the bumping rights of the unit members on the 31
list. 32
20.4.2 The District agrees to consult concerning the redistribution of 33
the work load resulting from those unit members affected by the decision to 34
layoff. 35
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Article 20: Layoff, Reemployment, and The Effects
20.4.3 The District agrees that unit members remaining in the 1
classification affected by a layoff shall not be required to provide the same level 2
of services performed by a larger compliment of unit members. The District 3
further acknowledges that the unit member's employment status shall not be 4
adversely affected as a result of this condition. 5
20.5 Order of Layoff: The unit member who has the least 6
seniority in the class, including equal or higher classes, shall be laid off first. 7
Whenever a unit member is laid off, the order of layoff within the class shall be 8
determined by length of service. 9
20.5.1 Length of service shall mean a unit members hire date into 10
a permanent position with the affected classification including equal or higher 11
classes; with the exception of the entitlement of "other sick leave," which shall be 12
credited at full service. 13
20.5.2 Length of service credit shall include time spent on military 14
leave of absence. 15
20.6 Equal Seniority: Where two or more unit members subject to 16
layoff have equal seniority, as computed in the manner described above, the 17
determining factor shall be total district seniority based on initial hire date into any 18
permanent position within the district. 19
20.6.1 When two or more unit members subject to layoff have equal 20
seniority computed in the manner described above, the layoff shall be by lot. 21
20.7 Voluntary Demotions: Unit members who wish to take a 22
voluntary demotion in lieu of layoff to a position within a class not previously held 23
may request a transfer to a vacant position for which they qualify. 24
20.8 Bumping Rights: 25
20.8.1 A unit member laid off from his/her present class shall in lieu 26
of lay off, fill a vacant position in the same class with the same number of hours 27
per day and months per year. If there is no such vacancy in the same class, the 28
unit member laid off from his/her present class may bump into a position in the 29
same class if he/she has more seniority than another in the same class. If the 30
unit member is allowed to bump into a position in the same class, the unit 31
member's placement shall be determined by the exercise of his/her bumping 32
rights as described below in sequential order. 33
(a) The least senior unit member with the same number of 34
hours per day and months per year. 35
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Article 20: Layoff, Reemployment, and The Effects
(b) The least senior unit member with the next existing 1
greater number of hours per day and months per year, within the parameters 2
created in Article 20.8.7. 3
(c) The least senior unit member with the next existing fewer 4
number of hours per day and months per year. 5
20.8.2 A unit member laid off from his/her present class may bump 6
into a position in the same class if he/she holds more seniority than another unit 7
member in the same class. The unit member's placement shall be determined by 8
the exercise of his/her bumping as described below: 9
(a) The least senior unit member with the same number of 10
days per year. 11
(b) The least senior unit member with the next existing 12
greater number of days per year. 13
(c) The least senior unit member with the next existing fewer 14
number of days per year. 15
(d) The unit member shall be placed on the first position for 16
which he/she qualifies by following the options described above in sequential 17
order. 18
20.8.3 If no such positions exist, the unit member may, in lieu of 19
layoff, bump into the next lowest class in which he/she has previously served and 20
has greater seniority. 21
20.8.4 Vacancies generated from custodial, clerical and food 22
service formula changes; from the annual reorganization of classes resulting in 23
the abolishment and/or establishment of Instructional Assistant/Paraeducator 24
positions; and from all other site/department reorganizations resulting in 25
involuntary changes in unit member status, i.e. reductions in assigned hours per 26
day or year, location, or elimination of position, shall be administered in 27
accordance with the Layoff Provision, Article 20. 28
20.8.5 Vacancies created as a result of such changes or vacancies 29
existing at the time of such changes will not be posted for transfer; instead, 30
bumping rights of affected unit members will prevail. Therefore, unit members 31
not affected by such changes will not have transfer rights. When more than one 32
position with the same hours per day/year is created, the most senior unit 33
member affected by the changes who has a right to bump into such a position 34
will be offered the choice of positions. (Example: if five custodians were 35
displaced as a result of custodial formula changes and five new positions were 36
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Article 20: Layoff, Reemployment, and The Effects
created, the most senior of the five would be given first choice of the available 1
positions, the second most senior the second choice, etc., until all positions have 2
been filled). 3
20.8.6 Vacancies generated by voluntary movement of unit 4
members and by the creation of new positions not affecting the status of a unit 5
member will be posted for transfer and will be administered in accordance with 6
Article 17 of this contract. 7
20.8.7 If, in the bumping process, the only position available to a 8
less senior unit member is a position of greater hours (daily or annually), then the 9
bumping process shall be negotiated. 10
20.9 Order of Reemployment: Reemployment shall be in the 11
reverse order of layoff. 12
20.10 Replacement: No volunteers or limited term unit members 13
shall be used to perform any functions of the positions affected by the decision to 14
lay off. This shall not affect the use of extra help where such assignments 15
cannot practicably be performed by current staff. However, the District will meet 16
and negotiate with CSEA over any limited term assignments which exceed forty 17
(40) hours in a two month period (except limited term assignments brought about 18
because of the absence of a unit member.) The District shall monitor the use of 19
extra help utilized under this section for a period of thirty-nine (39) months, 20
beginning on the day the layoff becomes effective. 21
20.11 Filling Vacancies: When there has been a layoff, and a 22
layoff reemployment list exists, vacancies within the class or classes from which 23
the layoffs occurred shall be filled in the following order: 24
(a) Transfers within class; 25
(b) Layoff reemployment list; 26
(c) Transfer from a related class with the same salary range 27
or voluntary demotion from a related class with the same salary range or 28
voluntary demotion from a related class through the transfer process; 29
(d) Promotion; and 30
(e) Open examination. 31
20.11.1 It is the intent of the parties that unit members shall not have 32
their work year increased in a manner that circumvents this Article. It is 33
understood, however, that legitimate overtime and/or emergency needs may be 34
met without regard to 20.11 above. 35
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Article 20: Layoff, Reemployment, and The Effects
20.12 Reemployment Rights: Reemployment rights will be 1
handled according to Education Code 45298. 2
20.13 Notification of Reemployment: A unit member who is laid off 3
and is subsequently eligible for reemployment shall be notified by telephone or in 4
writing by the District. 5
20.14 Unit member Notification to the District: A unit member shall 6
notify the District by telephone or in writing of his/her intent to accept or refuse 7
employment within five (5) working days following receipt of the reemployment 8
notice. Failure by the unit member to tender the notice to the District within five 9
(5) days, as provided for herein, shall be deemed a refusal of the employment by 10
said unit member. The laid-off unit member may decline two (2) offers of equal 11
employment before being placed at the bottom of the list. If a unit member on a 12
reemployment list refuses a third offer of employment, no additional offers will be 13
made, and the unit member shall be considered to have voluntarily resigned. 14
20.15 Work as Substitute: Unit members who are laid off shall be 15
permitted to serve in classifications from which they were laid off as substitutes in 16
the absence of a qualified incumbent, provided the laid-off unit member notifies 17
the District of his/her desire to be placed on a substitute list. Eligibility for 18
substitute service as provided herein shall be limited to unit members whose last 19
evaluation prior to layoff was at least "meets district standards." 20
20.16 Improper Layoff: Any unit member who has been improperly 21
laid off, as determined by the District, shall be reemployed upon such 22
determination of the error and shall be reimbursed for all loss of salary and 23
benefits retroactive to the first day of loss of pay due to the error of the District. 24
20.17 Health and Welfare Benefits: 25
20.17.1 Continuation After Layoff: The District shall continue the 26
health benefit package existing on the effective date of layoff for the remainder of 27
the month in which layoff occurs, plus the month following the month in which 28
layoff occurs. 29
20.17.2 Continuation After Reduction in Hours: Any unit member 30
hired after July 1, 1984, with six (6) hours or more who subsequently experiences 31
a reduction in hours in lieu of layoff shall continue his/her benefits for six (6) 32
months. 33
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Article 21: Disciplinary Action
ARTICLE 21: DISCIPLINARY ACTION 1
21.1 Exclusive Procedure: Discipline shall be imposed upon 2
bargaining unit members only pursuant to this Article. 3
21.2 Disciplinary Procedure: As a general concept, the District 4
utilizes progressive discipline consisting of: oral warnings, written warnings, 5
written reprimands, unscheduled evaluations (when appropriate), suspension, 6
and termination. The District maintains the right to skip steps of progressive 7
discipline to address particularly objectionable conduct when necessary or 8
appropriate. 9
21.2.1 Discipline shall be imposed on permanent members of the 10
bargaining unit only for just cause as determined by law and/or Personnel 11
Commission Rules and Regulations. Disciplinary action shall include dismissal, 12
involuntary demotion, and suspension. 13
21.2.2 Except in those situations where an immediate action is 14
justified or the work or conduct is a reoccurring nature, a unit member whose 15
work or conduct is of such character as to incur discipline shall first be 16
specifically warned in writing by the supervisor. Such warning shall state the 17
reasons for any disciplinary action and a copy of the warning shall be sent to the 18
CSEA president upon request of the unit member. The supervisor shall give a 19
reasonable period of advanced warning to permit the unit member to correct the 20
deficiency without incurring disciplinary action. A unit member who has received 21
such a warning may attach a comment to the written notice as provided for under 22
Article 5, Unit member Rights. 23
21.2.3 The District shall not initiate any disciplinary action for any 24
cause alleged to have arisen more than two years preceding the date that the 25
District files the notice of disciplinary action. 26
21.2.4 Notice of disciplinary action (i.e. dismissal, involuntary 27
demotion or suspension) shall be made in writing and served in person or by 28
registered or certified mail upon the unit member. The notice shall indicate: (1) 29
the specific charges against the unit member which shall include times, dates, 30
and location of chargeable actions or omissions when known; (2) the penalty 31
proposed; and (3) a statement of the unit member's right to dispute the charges 32
or the proposed penalty. 33
21.2.4.1 A copy of any notice of discipline shall be delivered to the 34
CSEA president within twenty-four (24) hours after service on the unit member. 35
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Article 21: Disciplinary Action
21.3 Emergency Suspension: 1
21.3.1 CSEA and the District recognize that emergency situations 2
can occur involving the health and welfare of students and unit members. If the 3
unit member's presence would lead to a clear and present danger to the lives, 4
safety, or health of students, or fellow unit members, the District may immediately 5
suspend. Suspension can be without pay where the unit member has been 6
charged with an offense described in Education Code Section 45304. 7
21.4 Disciplinary Appeals: An appeal of a suspension, dismissal, 8
or demotion taken under this Article may be made to the Personnel Commission 9
pursuant to Personnel Commission Rules and Regulations sections 60.1000.3, 10
or the unit member and/or CSEA may request that the Personnel Commission 11
provide a hearing officer in incidences where it is reasonably believed that the 12
person may not receive an impartial hearing. 13
21.5 The unit member may request CSEA representation at any 14
stage of the disciplinary process. If the unit member is represented or does not 15
request representation, the District may require a unit member to provide his or 16
her own account of the events giving rise to the meeting. 17
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Article 22: Grievances
ARTICLE 22: GRIEVANCES 1
22.1 Definitions: 2
22.1.1 A "grievance" is a formal written allegation by a grievant that 3
he/she has been adversely affected by a misinterpretation, misapplication, or 4
alleged violation of a specific provision of this Agreement. 5
22.1.2 A "grievant" may be any member or members of the 6
bargaining unit, including the Association. 7
22.1.3 A "day" is any day in which the unit member is scheduled to 8
work and the District office is open. 9
22.1.4 An "Association representative" is a bargaining unit member, 10
designated by the Association and on file with the District, to serve as a 11
"steward," chapter president, or a paid labor relations representative of the 12
California School Employees Association. 13
22.1.5 For purposes of this section, Administrator is defined as the 14
unit members immediate supervisor, or the District administrator or manager 15
who allegedly committed the action that caused the grievance. 16
22.2 Procedure: 17
22.2.1 Informal Level: Before filing a formal written grievance, the 18
grievant shall attempt to resolve the problem by scheduling an informal 19
conference with the Administrator. The grievant may be accompanied by his/her 20
Association representative at the informal conference with the Administrator. 21
The problem shall be discussed orally, including the nature of the problem, 22
person or persons involved, and remedy sought. If the grievant is not satisfied 23
with the resolution attempted in the informal process, the grievant may proceed 24
to Level One of the formal grievance process. 25
22.2.2 Formal Level: 26
22.2.2.1 Level One: Within thirty (30) days after the 27
occurrence of the act, or omission giving rise to the grievance, or the date when 28
the grievant should reasonably have been aware of the act or occurrence, the 29
grievant must submit his/her grievance in writing on the Level One classified 30
grievance statement, attached as Appendix D , to the Administrator. 31
22.2.2.1.1 This grievance statement shall be a clear, concise 32
statement of the circumstances giving rise to the grievance, citation of the 33
specific article(s), section(s), and paragraph(s) of this Agreement that is (are) 34
alleged to have been violated, the names of persons who witnessed or have 35
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Article 22: Grievances
firsthand knowledge of the grievance, and the remedy sought. The grievance 1
shall be signed by the grievant. 2
22.2.2.1.2 The Administrator or his/her designee shall respond in 3
writing within ten (10) days after the receipt of the grievance at Level One. 4
22.2.2.1.3 If the grievant is not satisfied with the decision of the 5
Administrator or if the Administrator has not presented a written response to the 6
grievance, the grievant may, within ten (10) days of receipt of the Administrators 7
response or within ten (10) days after the time period called for in Level One has 8
passed, request on the grievance form, attached as Appendix D, that the 9
grievance proceed to Level Two. 10
22.2.2.2 Level Two: The grievant shall submit to the Assistant 11
Superintendent, Human Resources or his/her designee a copy of the original 12
grievance form, a copy of the first-level Administrators response, and grievance 13
form, Level Two, which includes a written statement of the reason for appeal and 14
the resolution requested. The Assistant Superintendent, Human Resources, or 15
his/her designee, shall respond to the grievance in writing within ten (10) days 16
after the receipt of the grievance at Level Two. 17
22.2.2.3 Level Three: If the grievant is not satisfied with the 18
adjustment at Level Two, the grievant may submit the grievance form, Level 19
Three, to the District Superintendent within ten (10) days after the receipt of the 20
response at Level Two or within ten (10) days after the time period called for in 21
Level Two has passed. The Superintendent, or his/her designee, will respond in 22
writing within ten (10) days of receipt of said grievance. 23
22.2.2.4 Level Four: If the grievant is not satisfied with the 24
adjustment at Level three, the Grievant shall submit a written notice to the 25
Assistant Superintendent, Human Resources with ten (10) days in order to 26
proceed to mediation. 27
22.2.2.4.1 Selection of Mediator The mediator shall be 28
secured from the State Conciliation and Mediation Service. If the parties are 29
unable to agree on a mediator, each party shall alternately strike a name until 30
only one name remains. The remaining panel member shall be the mediator. 31
The order of the striking shall be determined by drawing lots. 32
22.2.2.5 Level Five: If not satisfied with the decision at Level 33
Four, the grievant may, within fifteen (15) days from the Level Four decision 34
being rendered, submit a request in writing to the Association for an arbitration of 35
the dispute. 36
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Article 22: Grievances
22.2.2.6 If the Association approves moving the grievance to 1
Arbitration, they shall submit a request in writing to the Superintendent for an 2
arbitration of the dispute. 3
22.2.2.7 The Association and the District shall attempt to agree 4
upon an arbitrator. If no agreement can be reached, they shall request the State 5
Conciliation and Mediation Service or the American Arbitration Association to 6
supply a panel of seven (7) names or arbitrators. Each party shall alternately 7
strike a name until only one name remains. The remaining panel member shall 8
be the arbitrator. The order of the striking shall be determined by drawing lots. If 9
a question of arbitration arises, it will be ruled upon by the arbitrator prior to 10
rendering a decision in the case. In the event that a case is appealed to an 11
arbitrator on which he/she has no power to rule, it shall be referred back to the 12
parties without decision or recommendation on its merits. The arbitrator's 13
decision shall be in writing and will set forth findings of fact, reasoning and 14
conclusions on the issues submitted. The parties shall be afforded the 15
opportunity to submit written briefs. The arbitrator will be without power or 16
authority to make any decision which requires the commission of an act 17
prohibited by law or which is violative of the terms of this Agreement. The 18
arbitrator shall consider only those issues which have been properly carried 19
through all prior stages of the grievance procedure. The arbitrator shall have no 20
power to add to, subtract from, alter, amend or modify the terms of this 21
Agreement. The decision of the Arbitrator shall be final and binding on all 22
parties. Costs for the services of the arbitrator, limited to per diem expenses, 23
travel and subsistence expenses and the costs of a hearing room, will be borne 24
equally by the District and the Association. Other costs will be borne by the party 25
incurring them. 26
22.3 Grievance Meeting: The Administrator, the Assistant 27
Superintendent of Human Resources and/or District Superintendent, or 28
designated management member, may schedule such meetings with the grievant 29
and any identified Association representative as deemed appropriate to discuss 30
the grievance and attempt resolution at Levels One, Two, and Three. The 31
grievant shall be given forty-eight (48) hours advance notice of any grievance 32
meeting unless a shorter notice is mutually agreeable. When such meetings 33
occur during the grievant's/Association representatives scheduled working 34
hours, he/she shall be released without loss of pay to attend the meeting. The 35
grievant shall be permitted to be accompanied by an Association representative 36
at the scheduled meeting. If the Association representative is an employee of 37
the District, such representative shall be released without loss of pay to attend 38
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Article 22: Grievances
the scheduled meeting. The grievant shall be present at all grievance meetings. 1
Absence of the grievant at a meeting shall constitute a waiver of the grievant's 2
right to further processing of the grievance. In instances of emergency or illness, 3
the grievant shall have the right to have the meeting rescheduled. 4
22.4 Grievance Witnesses: In the event that the Board of 5
Trustees or grievant schedules a hearing for the purpose of resolving a 6
grievance, the Board shall make available for testimony in connection with the 7
grievance procedure any District employee, without loss of pay, whose 8
appearance is requested by the grievant. 9
22.5 Unit Member Processed Grievances: 10
A unit member covered by this Agreement may present a 11
grievance directly and have such grievance adjusted without intervention of 12
CSEA as long as the adjustment is not inconsistent with the terms of this 13
Agreement. CSEA shall be provided copies of any grievances filed by unit 14
members directly and any responses by the District. Prior to any resolution of 15
any grievance, CSEA shall be provided with a copy of the proposed resolution for 16
review. 17
CSEA shall be given an opportunity to file a written response 18
to the proposed resolution. 19
22.6 No Discrimination: The filing of a grievance by a bargaining 20
unit member shall not result in discrimination through the withholding of a bona 21
fide right, privilege, or benefit of employment. 22
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Article 23: Contracting Out
ARTICLE 23: CONTRACTING OUT 1
23.1 During the term of this Agreement, the District agrees that it 2
will not contract out work that has been customarily and routinely performed or is 3
performable by unit members covered by this Agreement, unless the contracting 4
proposed is specifically permitted by law. This section shall not be interpreted as 5
prohibiting the District from contracting out work under this section if such work 6
cannot be performed by unit members because of current departmental work 7
demands or because of the compelling nature of the situation. The District shall 8
notify CSEA of this decision as soon as administratively possible. 9
23.2 No contract for services which might affect members of the 10
bargaining unit in the way of wages, hours, or other terms and conditions of 11
employment, shall be let until CSEA has been given notice of the District's 12
proposed action no less than fifteen (15) days in advance. After the notice has 13
been given, CSEA shall, as soon as possible but no less than seven (7) days, 14
present any demands to bargain over a decision to contract out and the effects 15
thereof. 16
23.2.1 For this article, a day shall be defined as any day the 17
District Office is open for business. 18
23.3 Use Of Volunteers: 19
Preamble: The parties agree that the work of parents, 20
students, friends, and other volunteers is an important and appreciated 21
contribution to the school community. At the same time, the parties recognize 22
that measures must be taken to guarantee that our facilities not be compromised. 23
Further, the parties recognize that the wealth of experience available in the 24
community is a resource that should be used in appropriate ways to enrich the 25
educational program and strengthen our schools relationships with the homes, 26
businesses, industries, public agencies and private institutions of our community. 27
The parties encourage parents and other members of the community to share 28
their special knowledge and abilities with our students. 29
The parties acknowledge that volunteers may be individuals, 30
students, parents/guardians, members of the community, professional experts as 31
well as persons from organized community and public agency programs and are 32
not paid a wage or salary by the District. 33
23.3.1. It is the intent of the District to use volunteers in accordance 34
with Section 35021 of the Education Code. Except as authorized by law and this 35
Agreement, the District will not abolish classified positions and, subsequently, 36
utilize volunteer workers, nor will volunteers be used in lieu of classified unit 37
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Article 23: Contracting Out
members who are laid off as a result of the abolition of a position nor will the 1
District refuse to employ a person in a vacant classified position and use 2
volunteer workers in lieu thereof. In addition, volunteers shall not: provide direct 3
instruction to students (reinforcing instruction taught by a teacher is permissible), 4
work alone with student(s), participate in work that supplants work from District 5
staff, work in school office, transport students to/from school related events in 6
personal vehicles without permission of the principal, provide translating services 7
for the District, work alone in the computer lab, work room, or library, or hang 8
items on the ceiling. 9
23.4 Use Of Volunteers For Facilities Projects: 10
23.4.1 Volunteers may be utilized for major work which is defined 11
as any project in excess of $7,500, or for projects up to $7,499 which because 12
the size or timelines would necessitate contracting out or hiring extra help. The 13
volunteers are not to be used to supplant regular work normally or customarily 14
assigned to bargaining unit members on a routine basis. Projects utilizing 15
volunteers would be of finite duration which is defined as projects which, upon 16
completion, will not be extended or needed on a continuing basis. When non- 17
management work crew supervision is necessary, it will be provided by unit 18
members in the affected area. The District will determine if supervision is 19
necessary. 20
23.4.2 Materials: Management personnel in charge of the project 21
are responsible for the security and care of materials, tools, and equipment which 22
will be furnished and/or approved by District management personnel in the 23
responsibility area. Any loaning of materials, tools and equipment to volunteers 24
will be at the discretion of the manager in the responsibility area, who may 25
require that the volunteer(s) be tested on ability to run equipment to assure safe 26
operation both for the equipment and the user. 27
23.4.3 Security and Safety: Safety and common sense cannot be 28
overemphasized. Volunteers will follow all Federal, State, and local laws and 29
regulations regarding safety; the number of volunteers will be held to a 30
manageable level. Some jobs may require personal protective equipment such 31
as gloves, goggles, dust masks and the like. The manager in the responsibility 32
area will make the volunteer group leader aware of these safety requirements, 33
and members of the group shall be provided with the items. All participants are 34
expected to abide by all safety regulations. 35
23.4.4 Supervision/Training: The management personnel in charge 36
of the project will assure that volunteers are adults or supervised students who 37
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Article 23: Contracting Out
have some knowledge of work techniques required; if necessary, the manager of 1
the responsibility area will supply elementary training. Work guidelines will be 2
clearly defined. 3
23.4.5 Quality of Work/District Expectation: All volunteer work and 4
materials shall be offered at the highest possible standard, with the 5
understanding that the public, parents, students and staff will not differentiate this 6
work from that of a regular district unit member or of a hired contractor. Where 7
appropriate, district technical specifications will be provided and those 8
specifications will serve as the necessary guidelines for the job, including 9
adherence to materials selection and work quality. Volunteers are responsible 10
for meeting standards of quality of work requirements, all district expectations, 11
and all clean-up of all areas, materials, and equipment. Management personnel 12
in charge of the project are responsible for assuring that all tools are returned to 13
the appropriate department in clean and serviceable condition. 14
23.4.6 At least fifteen (15) days prior notice must be given to the 15
Director of Classified Human Resources through use of the District Use of 16
Volunteers Request Form by requesting administrator or classified manager. 17
The use of a volunteer must be approved by obtaining the signatures of the 18
CSEA President/designee, a Human Resources Administrator, and the affected 19
job family representative on the form before the work is performed. If any 20
concerns exist regarding the request, the Director of Classified Human 21
Resources shall be notified immediately. A conference shall be held as soon as 22
possible in an effort to resolve the concerns. The fifteen (15) day timeframe can 23
be reduced by mutual agreement of the CSEA president/designee and Director 24
of Classified Human Resources. 25
23.4.7 Classified unit members shall not volunteer for classified 26
work without prior consent of the District and the Association. Any volunteer 27
work performed by classified unit members shall be in accordance with federal 28
and state laws. 29
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Article 24: Safety
ARTICLE 24: SAFETY 1
24.1 The District shall maintain a safe and sanitary work site for 2
all unit members' work areas. 3
24.2 All unit members shall help to maintain safe and sanitary 4
conditions in their work areas of responsibility. 5
24.3 All unit members will report to their immediate 6
administrator/manager in writing any practice, condition, or specific occurrence 7
which poses a threat to the health or safety of any person associated with the 8
District. The immediate administrator/manager shall forward the report to the 9
Risk Management Department. 10
24.4 The Association shall have the right to appoint two (2) 11
members to the District Safety Committee. Appointments to the Safety 12
Committee shall be for one fiscal year. Management members shall not 13
comprise a majority of the committee membership. 14
24.5 Bargaining unit members appointed to the District Safety 15
Committee shall be given paid release time to attend meetings when such 16
meetings are scheduled during the bargaining unit member's duty time. 17
24.6 Drug and Alcohol Testing Procedures: Pursuant to the 18
Department of Transportation (DOT) regulations 49 CFR Parts 40, 382 and 395, 19
the District has negotiated and implemented a drug and alcohol testing policy and 20
regulations with the California School Employees Association, Chapter 272. The 21
parties agree to negotiate any changes or modifications to the policy and 22
regulations affecting subjects within the scope of bargaining during the life of this or 23
any subsequent Agreement. 24
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Article 25: Effects of Agreement
ARTICLE 25: EFFECTS OF AGREEMENT 1
25.1 It is understood and agreed that the specific provisions 2
contained in this Agreement shall prevail over the District practices and 3
procedures and over state laws to the extent permitted by state law and that, in 4
the absence of specific provisions in this Agreement, such practices and 5
procedures are discretionary with the District so long as such practices or 6
procedures are not within the scope of representation. 7
25.2 The provisions of this Agreement shall be incorporated into 8
and be considered a part of the established policies of the Board. 9
25.3 This Agreement shall constitute the full and complete 10
commitment between both parties and shall supersede and cancel all previous 11
Agreements, both written and oral. This Agreement may be altered, changed, 12
added to, deleted from or modified only through voluntary mutual consent of the 13
parties in a written and signed amendment to this Agreement. 14
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Article 26: Severability
ARTICLE 26: SEVERABILITY 1
26.1 If any applicable law or rule, regulation or order in existence 2
or subsequently issued by a governmental authority renders invalid, restrains 3
(compliance with or enforcement of) any provision of this Agreement during the 4
life of this Agreement, such provision shall be immediately suspended and given 5
no effect hereunder so long as such law, rule, regulation or order shall remain in 6
effect. Such invalidation of a part or portion of this Agreement shall not invalidate 7
any remaining portions which shall continue in full force and effect. 8
26.2 In the event of suspension or invalidation of any article or 9
section of this Agreement, the parties agree to contact each other within thirty 10
(30) days after such determination. 11
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Article 27: Concerted Activities
ARTICLE 27: CONCERTED ACTIVITIES 1
27.1 It is agreed and understood that there will be no strike, work 2
stoppage, slow-down, picketing, or refusal or failure to fully and faithfully perform 3
job functions and responsibilities, or other interference with the operation of the 4
District by the Association or by its officers, agents or members during the term 5
of this Agreement, including compliance with the request of other labor 6
organizations to engage in such activity. 7
27.2 The Association recognizes the duty and obligation of its 8
representatives to comply with the provisions of this Agreement and to make 9
every effort toward inducing all unit members to do so. In the event of a strike, 10
work stoppage, slowdown, or other interference with the operations of the District 11
by unit members who are represented by the Association, the Association agrees 12
in good faith to take all necessary steps to cause those unit members to cease 13
such action. 14
27.3 It is agreed and understood that any unit member violating 15
this Article may be subject to the full range of disciplinary procedures available to 16
the District. 17
27.4 It is understood that, in the event this Article is violated, the 18
District shall be entitled to withdraw any rights, privileges, or services provided for 19
in this Agreement. 20
27.5 The District agrees that it shall not engage in a lockout of the 21
bargaining unit. 22
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Article 28: District Rights
ARTICLE 28: DISTRICT RIGHTS 1
28.1 It is understood and agreed that the District retains all of its 2
powers and authority to direct, manage, and control to the full extent of the law. 3
Included in but not limited to those duties and powers are the exclusive right to 4
determine its organization; direct the work of its unit members; determine the 5
times and hours of operation; determine the kinds and levels of services to be 6
provided, and the methods and means of providing them; establish its 7
educational policies, goals, and objectives; insure the rights and educational 8
opportunities of students; determine staffing patterns; determine the number and 9
kinds of personnel required; maintain the efficiency of District operations; 10
determine the curriculum; build, move or modify facilities; establish budget 11
procedures and determine budgetary allocation(s); determine the methods of 12
raising revenue; contract out work in accordance with this agreement; take action 13
on any matter in the event of an emergency; and retain the right to hire, classify, 14
assign, evaluate, promote, terminate, and discipline unit members. 15
28.2 The exercise of the foregoing powers, rights, authority, 16
duties, and responsibilities by the District, the adoption of policies, rules, 17
regulations and practices in furtherance thereof, and the use of judgment and 18
discretion in connection therewith, shall be limited only by the specific and 19
express terms of this Agreement, and then only to the extent such specific and 20
express terms are in conformance with law. 21
28.3 The District retains its right to amend, modify and rescind 22
policies and regulations referred to in this Agreement during the term of an 23
emergency. The determination of whether or not an emergency exists is solely 24
within the discretion of the Board. 25
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Article 29: Term of Agreement

ARTICLE 29: TERM OF AGREEMENT 1
29.1 The terms and conditions of this Agreement shall remain in 2
effect from November 1, 2011 to October 31, 2014 except where modified by 3
mutual agreement. 4
29.1.1 The parties agree that for the 2012-2013 and 2013-2014 5
contract years, salary, and health benefits shall be open both years for 6
negotiation. For 2012-2013 two additional articles may be selected by each party 7
and for 2013-2014 one additional article may be selected by each party and for 8
both years, any other issues mutually agreed upon by the parties may be 9
reopened for negotiations. 10
29.1.2 Notice that the Association wishes to reopen negotiations 11
and which issues it wishes to reopen must be given to the District by August 15. 12
The District must give notice to CSEA of which issues it wishes to reopen by 13
September 1. 14
29.1.3 The District agrees that if it receives additional funding, or 15
additional reduction in funding, CSEA and the District will meet and negotiate. 16
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Article 30: Campus Assistants
ARTICLE 30: CAMPUS ASSISTANTS 1
30.1 Specific Coverage Within This Agreement: The District and 2
the Association agree that only this specific article and the articles enumerated 3
herein shall be applicable to the Campus Assistants. Those articles or their 4
subsections which provide coverage are: 5
ARTICLE 30.1: RECOGNITION 6
30.1.1 The Board confirms its recognition of the California School 7
Employees Association and its Oxnard Chapter #272, hereinafter called 8
"Association," as the exclusive representative for that unit of employees 9
recognized by the Board per its Resolution dated May 12, 1976, and 10
modifications incorporated therein. The CSEA unit shall include all regularly 11
employed full-time and part-time classified employees in the classes as noted on 12
Classifications by Series attached hereto as Appendix A and incorporated herein 13
by reference as though fully set forth. 14
30.1.2 All newly created positions except those that are lawfully 15
certificated, management, confidential or supervisory shall be assigned to the 16
bargaining unit and the Association shall be notified. 17
30.1.3 The District shall notify CSEA of actions to establish 18
supervisory, management, and confidential positions. Disputes arising from 19
Board designation of supervisory, management, and confidential positions shall 20
be resolved by mutual agreement or through the procedures of the PERB for unit 21
disputes. 22
30.1.4 The Board confirms its recognition of the California School 23
Employees and its Oxnard Chapter #272 as the exclusive representative for that 24
group of employees known as Campus Assistants effective November 4, 2009. 25
30.1.4.1 Pursuant to Education Code Sections 45256, Campus 26
Assistants are not considered to be classified employees unless the unit member 27
in the position also works in a classified position under Article 3.1.1 above. 28
30.1.4.2 For purposes of this agreement, Campus Assistants 29
rights are defined by this article and those provisions enumerated in Article 30, 30
exclusively. 31
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Article 30: Campus Assistants
ARTICLE 30.2: CHECK-OFF AND ORGANIZATIONAL SECURITY 1
30.2.1 Check-Off: CSEA shall have the sole and exclusive right to 2
have membership dues and service fees deducted for members of the bargaining 3
unit by the District. The District shall, upon appropriate written authorization from 4
any member of the bargaining unit, deduct and make appropriate remittance for 5
insurance premiums, credit union payments, savings bonds, charitable 6
donations, or other plans or programs jointly approved by CSEA and the District. 7
The District shall pay to the designated payee within fifteen (15) days of the 8
deductions all sums so deducted. 9
30.2.2 Dues Deductions: 10
30.2.2.1 The District shall deduct, in accordance with the CSEA dues 11
and service fee schedule attached hereto and marked Appendix B, dues from the 12
wages of all unit members who are members of CSEA on the date of the 13
execution of this Agreement, and from the wages of all members of the 14
bargaining unit who, after the date of execution of this Agreement, become 15
members of CSEA and submit to the District the dues authorization form. 16
30.2.2.2 The District shall immediately notify the CSEA chapter 17
president if any unit member revokes his/her dues authorization. 18
30.2.3 Service Fee: 19
30.2.3.1 CSEA and the District agree that each member of the 20
bargaining unit should contribute equally toward the cost of administration of this 21
Agreement by CSEA and for representation of members of the bargaining unit of 22
CSEA. 23
30.2.3.2 Members of the bargaining unit who are not members of 24
CSEA on the effective date of this Agreement and unit members who hereafter 25
come into the bargaining unit shall either, within thirty (30) days of the date of this 26
Agreement, or within thirty (30) days of their employment or rehire, or within thirty 27
(30) days of their return from an unpaid leave of absence, apply for membership 28
and execute an authorization for dues deduction on a form provided by CSEA, or 29
in the alternative, the District shall deduct from the salaries of unit members not 30
applying for membership a service fee as set forth in the CSEA Dues Service 31
Fee Schedule attached hereto as Appendix B and incorporated herein by 32
reference as though fully set forth. 33
30.2.3.3 However, nothing contained herein shall prohibit a unit 34
member from paying service fees directly to CSEA in accordance with CSEA 35
procedure. 36
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30.2.3.4 In the event that a unit member revokes his/her dues or 1
service fee authorization or fails to make arrangements with CSEA for the direct 2
payment of service fees, the District shall deduct service fees until such time as 3
CSEA notifies the District that arrangements have been made for the payment of 4
such fees. 5
30.2.4 Religious Objection: 6
30.2.4.1 Any unit member covered by this Agreement who is a 7
member of a religious body whose traditional tenets or teachings include 8
objections to joining or financially supporting employee organizations, shall not 9
be required to join, maintain membership in, or financially support any employee 10
organization as a condition of employment, except that once such unit member 11
has submitted evidence to CSEA which proves that he/she sincerely holds such 12
beliefs will be required in lieu of such service fees, to pay sums equal to such 13
service fees to a nonreligious, nonlabor organization charitable fund, exempt 14
from taxation under Section 501(c) (3) of the Internal Revenue Code, chosen by 15
the unit member from the following list of three (3): 16
(a) United Way; 17
(b) Salvation Army; or 18
(c) Ronald McDonald House Charities 19
30.2.4.2 Evidence that such a unit member belongs to a religious 20
body described herein shall, within thirty (30) days of the date of this Agreement, 21
or their employment, be presented to CSEA and the unit member shall execute a 22
written authorization for the payroll deduction in an amount equal to the service 23
fee payable to one of the three (3) organizations listed in Section 30.2.4.1 of this 24
Agreement. In the alternative, such unit member shall provide proof that 25
payments have been made on an annual basis as a condition of continued 26
exemption from the requirement of financial support to the exclusive 27
representative. 28
30.2.5 Hold Harmless: CSEA shall indemnify and hold the District 29
harmless from any and all claims, demands, or suits, or any other action arising 30
from the organizational security provisions contained herein. 31
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ARTICLE 30.3: ORGANIZATIONAL RIGHTS 1
30.3.1 CSEA Rights: CSEA shall have the following rights in 2
addition to the rights contained in any other portion of this Agreement: 3
30.3.1.1 The right to use, without charge, District-designated bulletin 4
boards, mailboxes, the use of the school mail delivery system and email system 5
for legal purposes. Materials placed on bulletin boards and into the District mail 6
system and email system shall bear the name of the Association and the name of 7
the Association official responsible for its preparation. 8
30.3.1.2 The right to review a unit member's personnel file and any 9
other records dealing with the unit member when accompanied by the member or 10
on presentation of a written authorization signed by the member. 11
30.3.1.3 Upon request, the CSEA chapter president shall be provided 12
a copy of any current non-confidential material within the Association's scope of 13
representation of members of the Oxnard CSEA bargaining unit including, but not 14
limited to, budget and financial documents which have been presented to the 15
Board of Trustees. 16
30.3.1.4 CSEA shall have the right of access to the unit members 17
during rest periods, lunch periods, and before and after the work shift, provided 18
that communication with unit members does not interfere with the work of others 19
or of the instructional program. CSEA representatives shall notify the site 20
administrator of his/her presence at the site prior to contacting bargaining unit 21
members. 22
30.3.1.5 Upon request, the District shall provide the CSEA chapter 23
president, CSEA negotiators, and every work site annually a current seniority list 24
of bargaining unit members. 25
30.3.1.6 The right to be supplied with a complete alphabetized roster 26
of all bargaining unit members, indicating each person's present classification, 27
number of assigned hours and job site. In addition, a monthly update to the 28
roster shall be provided to the chapter treasurer, including new hires, rehires, 29
transfers, any employees leaving or returning from an unpaid leave (which 30
necessitated membership/service fee drop), and changes in assigned hours. 31
30.3.1.7 The Association president or his/her designee(s) shall be 32
authorized to utilize paid Association leave; 33
30.3.1.7.1 A maximum per year of sixty (60) working days (480 34
hours); 35
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30.3.1.7.2 Up to an additional five (5) working days (40 hours) shall be 1
granted provided the Association pays the unit member's rate for each day of 2
such leave. 3
30.3.1.7.3 Up to an additional ten (10) working days (80 hours) shall be 4
granted provided the Association pays the unit member's rate for each day of 5
such leave. 6
30.3.2 Release Time for Negotiations: CSEA shall have the right to 7
designate up to a maximum of seven (7) unit members (which includes one 8
representative from the Campus Assistants group), who shall be given 9
reasonable release time to participate in negotiations. 10
30.3.3 Distribution of Contract: Within thirty (30) days after 11
ratification of this contract by the CSEA members and the Board of Trustees, the 12
District shall duplicate and provide, without charge, a copy of the Agreement and 13
any subsequent amendments to each bargaining unit member. Any person who 14
becomes a member of the bargaining unit after the execution of this Agreement 15
shall be provided with a copy of this Agreement and any subsequent 16
amendments, without charge. This information shall be provided either by a 17
paper copy, CD Rom, or by web access, at the members request. The unit 18
members choice shall remain on file at Human Resources and may be changed 19
at any time. 20
30.3.4 Chapter Meeting Time Off: When a regular or special 21
Association meeting is scheduled after 5:00 p.m., members whose normal 22
working hours fall during this period shall be allowed to leave their jobs, with prior 23
notification to the supervisor, to attend the meeting. They shall sign an 24
attendance roster which shall be available to the District for verification of 25
attendance. Upon completion of the meeting, the unit member is expected to 26
immediately return to active duty. 27
// 28
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ARTICLE 30.4: STEWARDS 1
30.4.1 Purpose: CSEA shall have the right to designate stewards 2
from among the unit members for the purpose of assisting other unit members in 3
settling their problems at the lowest level of supervision. 4
30.4.2 Selection: CSEA shall designate one (1) unit member at 5
each work site to serve as a steward. In addition, one of the members of the 6
chapter executive board shall be designated as chief steward and who, at the 7
option of CSEA, may function as a steward. 8
30.4.3 Notification to the District: CSEA shall notify the District in 9
writing of the names of the stewards and chief steward selected no later than 10
thirty (30) days following the signing of this Agreement. If a subsequent change 11
is made in the appointment of a steward, the District shall be advised in writing of 12
such change. 13
30.4.4 Duties: The following shall constitute the duties and 14
responsibilities of the steward: (1) After notifying his/her supervisor, the steward 15
shall be permitted to leave his/her normal work area during reasonable times in 16
order to assist in the presentation of a grievance, disciplinary action, or other 17
representational issue. Whenever possible, investigation of a grievance, 18
disciplinary action, or other representational issue shall occur outside of the unit 19
member's normal working hours. However, should a situation be deemed as 20
requiring on-the-job investigation during working hours in order to achieve a fair 21
resolution of the problem, release time will be granted by a request from the 22
steward to the Superintendent or his/her designee. (2) Whenever a steward's 23
request to be released from his/her work assignment cannot be immediately 24
granted because his/her absence will adversely affect the level of service, or the 25
particular job the person has been assigned to complete, the job steward shall be 26
permitted to leave his/her normal work area as soon as possible. It is understood 27
and agreed that under this Article only one steward will be released during 28
his/her work assignment to complete the duties and responsibilities described 29
above. 30
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ARTICLE 30.5: EMPLOYEE RIGHTS 1
30.5.1 Personnel Files: The personnel file of each unit member 2
shall be maintained at the District's central administration office. No adverse 3
action of any kind shall be taken against a unit member based upon materials 4
that are not in the personnel file. 5
30.5.1.1 The unit member shall have a reasonable amount of time to 6
review and inspect his/her personnel file, or any derogatory material to be placed 7
in his/her file, during normal business hours without loss of pay. Unit members 8
shall first call the personnel office to schedule an appointment. A unit member 9
shall have the right to obtain copies of any of the materials contained in his/her 10
personnel file with the exception of material that includes ratings, reports, or 11
records which were obtained prior to employment with the District. 12
30.5.1.2 Material of a derogatory nature shall not be entered or filed 13
unless and until the unit member has been given notice and an opportunity to 14
receive, review and comment thereon. The District administrator or supervisor 15
preparing derogatory material to be entered in a unit members personnel file 16
shall first meet with the unit member to discuss the content of the material. The 17
unit member shall be given an opportunity to sign the material. His/her signature 18
shall indicate that he/she has had the opportunity to review the material. The unit 19
members signature does not imply that he/she agrees with the material. Should 20
the unit member refuse to sign the material, the CSEA President shall be notified 21
in writing of the refusal to sign by the Administrator. Such notification shall be 22
written on the material. A unit member shall have the right to enter, and have 23
attached to any such derogatory material, his/her own comments thereon. If, 24
through the District's complaint procedure, it is determined that derogatory 25
material placed in a unit member's personnel file contains unsubstantiated 26
opinion, then the material will either be removed or rewritten to correct that 27
portion of the material that has no basis in fact. 28
30.5.1.3 All personnel files shall be kept in confidence and shall be 29
available for inspection by other District employees only when actually necessary 30
for the proper administration of the District's affairs or the supervision of the unit 31
member. The District shall maintain a log indicating the persons who have 32
examined a personnel file as well as the date(s) such examinations were made. 33
The log shall be maintained in the unit member's personnel file. 34
30.5.1.4 Any person who places written material or drafts written 35
materials for placement in a unit member's file shall sign the material and signify 36
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the date on which such material was drafted. Any written materials placed in a 1
personnel file shall indicate the date of such placement. 2
30.5.1.5 The District recognizes that consideration of derogatory 3
material (part of a unit member's personnel file) in connection with employment 4
related decisions diminishes in value if the material is older than two (2) years 5
and the unit member's performance has improved, has been corrected and/or the 6
material concerns an isolated incident. 7
30.5.1.6 Appeal of Material Contained in Personnel File: The unit 8
member shall have the right to appeal placement of material in their personnel 9
file by initiating an informal grievance as outlined in Article 22.2.1 of the contract, 10
with the Assistant Superintendent of Human Resources. 11
30.5.2 Representation 12
30.5.2.1 If an administrator knows or suspects that a meeting with a 13
unit member may lead to discipline, the unit member has the right to know the 14
meeting may lead to discipline, prior to the meeting. 15
30.5.2.2 If an administrator calls a unit member into a meeting that is 16
not identified as disciplinary or potentially disciplinary pursuant to 30.5.2.1 and 17
the unit member believes the meeting has become disciplinary, the meeting shall 18
stop at the unit members request to afford the employee the opportunity to 19
secure representation at the next scheduled meeting. 20
30.5.2.3 The unit member has the right to representation at meetings 21
in 30.5.2.1 and 30.5.2.2 22
30.5.3 Clarification to Article 5 Employee Rights: Campus Assistants were 23
not covered by this Agreement until November 4, 2009, therefore materials 24
contained in the prior employees files shall be included in their personnel file. In 25
the case of any derogatory information, the campus assistant will be notified of 26
the existence of this material, receive a copy of the material, and be given an 27
opportunity to respond in writing. Such response(s) shall be attached to the 28
derogatory material. 29
// 30
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ARTICLE 30.6: CHILD ABUSE REPORTING PROCEDURE 1
30.6.1 The District shall provide notification of the duties imposed 2
by the Child Abuse Reporting Act to all classified employees. 3
30.6.2 The District shall furnish each unit member with a statement 4
identifying the unit member and stating that the unit member is required to report 5
known or suspected instances of child abuse observed within the scope of his or 6
her employment to a child protective agency. 7
30.6.3 The District shall provide an ample supply of the form 8
required to make the reports and a copy of this Article. 9
30.6.3.1 The District shall also have these forms and envelopes 10
available at convenient locations and in such a manner that members may obtain 11
them without individually requesting them or otherwise subjecting themselves to 12
identification. The District shall post and maintain, on bulletin boards set aside 13
for employee notices, the names, addresses, and phone numbers of the 14
agencies to be contacted. 15
30.6.4 The District shall not require any unit member making a 16
report of suspected child abuse to provide a copy of the report to the District or 17
otherwise disclose his/her identity to the District or to any other person employed 18
by the District or acting as an agent of the District. 19
30.6.5 No supervisor or administrator shall impede or inhibit the 20
reporting duties specified herein or in the Act. No unit member making such a 21
report shall be subject to any discipline, or have his/her working conditions 22
altered in any manner, for making the report. 23
30.6.6 In reaching this Agreement, it is the mutual intent of the 24
parties to encourage the reporting of suspected child abuse; and to protect, to 25
the fullest extent permitted by law, the confidentiality or identity of members 26
making such reports. 27
// 28
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ARTICLE 30.7: EVALUATIONS 1
30.7.1 It is the intent of this Article to provide an effective procedure 2
for evaluating unit members. The purpose of an evaluation is to provide 3
constructive feedback on how to maintain the Districts goals and standards 4
related to the performance of unit members jobs, how to improve their 5
performance, and how to highlight the unit members strengths. 6
30.7.2 Evaluation Procedures: Unit members shall be evaluated by 7
the immediate supervisor, to whom assigned. Evaluation Forms to be used are 8
attached to this agreement as Appendix C. 9
30.7.2.1 The evaluator shall meet with the unit member to 10
discuss the performance evaluation. Such meeting shall be conducted during 11
the unit member's working schedule, without loss of pay. The unit member shall 12
be presented with a signed copy of the evaluation report and shall be required to 13
sign a copy of the report. The signature of the unit member shall only indicate 14
that the unit member was presented with and received a copy of the evaluation 15
report and shall not indicate an agreement to the content. 16
30.7.2.2 Any unit member may ask the next higher supervisor 17
to review an evaluation containing Needs to Improve/Does not Meet District 18
Standards rating. The higher-level supervisor may append his/her own 19
comments to the unit member's evaluation form. 20
30.7.2.3 The unit member shall be permitted to submit a 21
written response to the evaluation within thirty (30) days after receipt of the 22
written report. The written evaluation report, along with any written response to 23
the evaluation, shall be filed in the unit member's official personnel file. 24
30.7.3 An evaluator may, at any time, issue to a unit member in 25
writing a special evaluation or a notice of Needs to Improve/Does Not Meet 26
District Standards. Any unsatisfactory performance special evaluation or notice 27
of Needs to Improve/Does Not Meet District Standards shall be delivered to 28
the unit member in the same manner as a formal performance evaluation. 29
30.7.4 The content of evaluations, performance ratings, goals, 30
objectives, comments, and/or judgments made by the evaluator shall not be 31
subject to the provisions of Article 22, Grievance Procedure. This section shall 32
not exclude a grievance based upon an alleged procedural violation of this 33
Article. 34
30.7.5 The unit member shall not be evaluated negatively for 35
participation in union activities in accordance with the provisions of Article 30.3. 36
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30.7.6. All evaluation reports shall be in writing. Evaluations that include 1
ratings of Needs to Improve / Does Not Meet District Standards shall include 2
specific recommendations for improvement(s) and provisions for assisting the 3
unit member in implementing any recommendations made. The unit member 4
shall be reevaluated within 30-90 days following the evaluation to assess 5
progress made to date towards goals. 6
// 7
// 8
ARTICLE 30.8: HOURS AND OVERTIME 9
30.8.1 Workweek: The standard workweek for full-time unit 10
members shall consist of five (5) consecutive days, eight (8) hours per day, and 11
forty (40) hours per week, not including the lunch period. With the concurrence 12
of the District and the unit member and notification to CSEA, a normal full-time 13
assignment may consist of ten (10) hours per day and forty (40) hours per week, 14
not including the lunch period. Nothing herein shall prevent discussion and 15
agreement to implement a 9/80 workweek. 16
30.8.2 Overtime: Unit members whose average workday is four (4) 17
hours or more shall receive overtime at the rate of one and one-half times the 18
regular rate of pay for hours worked on a sixth and/or seventh day after five (5) 19
consecutive days. A unit member having an average workday of less than four 20
(4) hours during a workweek shall, for any work required to be performed on the 21
seventh day following the commencement of his/her workweek, be compensated 22
at a rate equal to one and one-half (1-1/2) times the regular rate of pay of the unit 23
member performing the work. 24
30.8.2.1 Overtime Defined Overtime is defined to include any time 25
required to be worked, or suffered and permitted, in excess of eight (8) hours in 26
one day or forty (40) hours in one calendar week and shall be compensated at 27
the rate of one and one-half (1-1/2) times the regular rate of pay of the unit 28
member performing the work 29
30.8.2.2 For the purpose of computing the number of hours worked, 30
time during which a unit member is excused from work because of holidays, sick 31
leave, vacation, compensatory time off or other paid leave of absence shall be 32
considered as time worked by the unit member. 33
30.8.2.3 Overtime shall not be performed and compensatory time 34
cannot be accrued without prior approval of the unit members supervisor. 35
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30.8.2.4 Any unit member requested to perform additional hours shall 1
inform the supervisor if those hours will constitute overtime. 2
30.8.3.5 Overtime Distributions: The District shall distribute overtime 3
using a rotational seniority list, as equally as is practicable among unit members 4
of the same classification (who have the skill and knowledge to perform the 5
work), who are in the same department and assigned to the same work site. 6
Overtime refused shall count as if it had been worked for purposes of equal 7
distribution. When a unit member within the department, classification or site is 8
not available, the District may offer the overtime without regard to the equal 9
distribution requirement. Unit members shall recognize that in an emergency, 10
they may be asked to work overtime when there is no other unit member with the 11
skill, knowledge and availability to perform the work. 12
30.8.3 Rest Periods: Rest periods shall be scheduled for unit 13
members at no loss in salary, based upon the following formula: 14
Work Assignment Rest Period 15
1 - 2 hour None 16
2-1/4 - 4 hours One ten-minute period 17
4-1/4 - 5-3/4 hours Two ten-minute periods 18
6 - 8 hours Two fifteen-minute periods 19
Whenever possible, rest periods shall be scheduled near the middle of the unit 20
member's morning and/or afternoon shift. Scheduling of rest periods shall be 21
done with the agreement of the unit member's immediate supervisor. Rest 22
periods for bus drivers shall be scheduled during a paid layover. Absent 23
exceptional circumstances, rest periods cannot be combined with any other rest 24
period, other form of leave or lunch break. 25
30.8.4 Meal Period: All bargaining unit positions scheduled for a 26
lunch shall be entitled to an uninterrupted lunch period of not less than thirty (30) 27
minutes nor more than one (1) hour, to be scheduled as near a normal meal time 28
as possible. A unit member required to work during his/her meal period shall 29
receive pay at the appropriate rate of pay for the time worked. 30
30.8.4.1 Any unit member who works more than 10 hours shall receive 31
an additional unpaid, uninterrupted, thirty (30) minute meal period. 32
30.8.4.2 Any part-time unit member who works five (5) hours or more, 33
shall receive an unpaid, uninterrupted, thirty (30) minute meal period. 34
35
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30.8.5 In accordance with this section, when an absence occurs 1
and a substitute is needed, the person with the most seniority on site and in the 2
same classification with less assigned hours, shall be moved to fill that absence 3
and the substitute will fill the lesser-hour position. 4
30.8.6 Special Education Extended Year, Intersession and Summer 5
School The District shall post available assignments for special 6
education extended year, Intersession and summer school. When two (2) or 7
more unit members are qualified and substantially equal in qualifications, the unit 8
member with the greatest seniority (Hire date) shall fill the position. The seniority 9
list shall be rotated annually. 10
30.8.7 Assignment of Temporary Extra Hours - Limitation: 11
Whenever there are regular unit positions of less than eight (8) hours per day at 12
a work site where temporary hours (of short duration) are to be utilized, 13
preference shall be given whenever practicable to assigning the temporary extra 14
hours to the most senior unit member in the classification at the site (working less 15
than an eight-hour day) who has the skill and knowledge to perform the work. If 16
refused, the additional temporary hours shall be offered to other unit members 17
(regularly working less than an eight-hour day) at the site, then in the district in 18
accordance with their seniority. 19
// 20
// 21
ARTICLE 30.9: PAY ALLOWANCES 22
30.9.1 For the 2013-2014 school year, the District agrees to provide 23
the same aggregate total cost percentage to CSEA members as it provides to 24
any other employee groups. For the 2013-2014 school year, the aggregate total 25
increase will be 1.565% on schedule, on-going increase retro to July 1, 2013, 26
plus a 4% one-time, off-schedule salary payment to all employees in a paid 27
status as of the date of ratification. The District agrees that if it receives 28
additional total revenues in excess of $97 million (as noted on the attached multi- 29
year projection, 2013-14 fiscal year), CSEA and the District will meet and 30
negotiate the effects 31
30.9.1.1 Salary: Salary for the Campus Assistants shall be, 32
effective July 1, 2009, $10.12 per hour. 33
30.9.2 Frequency - Once Monthly: All members of the bargaining 34
unit shall be paid once per month, payable on or before the last weekday of the 35
month. If the normal pay date falls on a holiday, the paycheck shall be issued on 36
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Article 30: Campus Assistants
the preceding weekday if approved by the Office of the Ventura County Office of 1
Education (VCOE). 2
30.9.3 Payroll Errors: Any payroll error resulting in insufficient 3
payment for a unit member shall be corrected, and a supplemental paycheck 4
issued not later than five (5) working days following notice to the Payroll 5
Department. 6
30.9.4 Lost Checks: Any paycheck for a member of the bargaining 7
unit which is lost after receipt or which is not delivered within five (5) days of 8
mailing (if mailed), shall be replaced as soon as administratively possible. 9
30.9.5 Mileage: Any unit member required to use his/her vehicle on 10
District business shall be reimbursed at the rate in effect for all employees of the 11
District for all miles driven on behalf of the District. The mileage computation 12
shall include mileage necessary to return to the unit members normal job site 13
after the completion of District business. This amount shall be payable in a 14
separate warrant as soon as is administratively possible after submission of the 15
mileage reimbursement form. 16
30.9.6 Working Out Of Class 17
30.9.6.1 Working Out of Classification- Five (5) Days or Less: 18
When a regular unit member is assigned by the site administrator or immediate 19
supervisor to perform the duties of a position in a higher classification for a period 20
of five (5) days or less, the unit member shall be paid a maximum of five percent 21
(5%), but in no case an amount greater than the "E" step of the higher 22
classification, in which they are working out of class. Salary differential and 23
longevity, for which the unit member is eligible, shall then be added, for all hours 24
worked in the higher classification. For purposes of this section, "base salary" 25
shall exclude such items as longevity, professional growth increments, and all 26
differentials. (Working out of class compensation shall be figured by adding 5% 27
to the employees salary step (one full step on the salary schedule), but in no 28
case greater than step E of the higher classification. The employees salary 29
step +5% shall then be multiplied by any applicable differential percentage before 30
the longevity is added.) 31
30.9.6.1.1 Out of class work shall not be performed without 32
prior written or oral approval of the unit members supervisor. The unit member 33
or supervisor may require written approval prior to performance of out of class 34
work. 35
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30.9.6.1.2 For assignments in a higher classification which 1
exceed five (5) days in a fifteen (15) day period, Section 30.9.6.2, Working Out of 2
Classification-More than five (5) days, shall apply. 3
30.9.6.2 Working Out of Classification-More than Five (5) Days: 4
When a regular unit member works out of classification in a higher class for a 5
period exceeding five (5) days within a fifteen (15) calendar day period, the unit 6
member shall be compensated at the first step in the higher classification in 7
which they are working, which provides the member with at least a five percent 8
(5%) increase above his/her regular base salary, but in no case shall placement 9
be above the "E" step of the higher class, before differentials or longevity are 10
applied. Salary differentials and longevity for which the unit member is eligible, 11
shall then be added, for all hours worked in the higher classification. For 12
purposes of this section, base salary shall exclude such items as longevity, 13
professional growth increments, and all differentials. Step placement below the 14
"E" step may be subject to appeal to the Personnel Commission. The increased 15
rate will be effective from the first day to the last day of the working out of class 16
assignment. (Working out of classification compensation shall be figured by 17
determining the step in the higher classification which provides the member with 18
at least 5% more than the employees salary step, but in no case greater than the 19
E step of the higher classification. The step in the higher classification which 20
provides at least a 5% increase shall then be multiplied by any applicable 21
differential percentage before the longevity is added.) 22
30.9.6.2.1 A unit member must receive written approval 23
(Including email) from the Assistant Superintendent of Human Resources, or 24
designee, prior to Working Out of Class. 25
30.9.6.3 Assignment of Work Out of Class: When assigning work 26
out of class, the District agrees to rotate work out of class as equally as is 27
practicable among members of the same job family (who have the skill and 28
knowledge to perform the work), and who are assigned to the same work site. 29
// 30
ARTICLE 30.10: ANNIVERSARY DATE 31
10.1 All current unit members shall have a common anniversary 32
date of July 1. 33
// 34
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ARTICLE 30.12: EMPLOYEE EXPENSES AND MATERIALS 1
30.12.1 Physical Examination: The District agrees to pay the cost of 2
any medical examination required as a condition of continued employment, which 3
is ordered to be performed by a District-designated physician when such an 4
examination is a condition of employment established by the District. Unit 5
members employed on or after the effective date of this Agreement shall be 6
eligible for a fully paid pre-employment examination performed by a District 7
designated physician when such an examination is a condition of employment 8
established by the District. 9
30.12.2 Safety Equipment: Should the employment duties of a 10
member of the bargaining unit reasonably require use of any equipment or gear, 11
with the exception of wearing apparel, to insure the safety of the unit member or 12
others, the District agrees to furnish such equipment or gear. 13
// 14
// 15
ARTICLE 30.13: LEAVES 16
30.13.1 Unit members are required to notify, their immediate 17
supervisor or designee and the District Office when they are to be absent for 18
illness. If the absence is to be longer than one (1) day, subsequent notification 19
for each day's absence is required, unless the duration of the absence can be 20
stated at the time of the notification. If the absence is to be longer than one day, 21
the unit member shall notify the District the day before returning so that a 22
substitute, if employed, may be released. 23
Family Care and Medical Leave: 24
30.13.2 Leaves: Eligible unit members may take leaves under this 25
section for the birth, adoption, or foster care of a child, the serious health 26
condition of the unit member's child, parent or spouse/state registered domestic 27
partner and the unit member's own serious health condition except for disability 28
caused by pregnancy, childbirth or related medical conditions. 29
30.13.2.1 Eligibility: Eligible unit members are entitled to up to a total 30
of twelve workweeks of unpaid leave over any twelve-month period for family 31
care and medical leave providing they have more than twelve months of service 32
and at least one thousand two hundred fifty (1,250) hours of service in the 33
previous twelve-month period. 34
30.13.2.2 Reinstatement Rights: A unit member whose request for 35
leave has been granted shall be guaranteed reinstatement to the same position 36
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Article 30: Campus Assistants
or comparable position if their previous one has been eliminated upon 1
termination of the leave. 2
3
30.13.3 Pilot Program: Campus Assistants Sick Leave (For the 2011- 4
2012 and 2012-2013 School Years Only) 5
30.13.3.1 Campus Assistant unit members shall accrue 10 hours of 6
sick leave during the 2011-2012 school year. Unit members 2011-2012 sick 7
leave accrual shall not be carried over to the following school year. For the 8
2012-2013 school year, Campus Assistant unit members shall accrue a new 10 9
hours of sick leave. 10
30.13.3.2 Use of Sick Leave: Sick leave may be used by a unit 11
member for absence from work because of illness, injury, exposure to contagious 12
disease, quarantine, or medical/dental appointments provided that the unit 13
member has sick leave credits available. 14
30.13.3.3 Unit members are required to notify, their immediate 15
supervisor or designee and the District Office when they are to be absent for 16
illness. If the absence is to be longer than one (1) day, subsequent notification 17
for each day's absence is required, unless the duration of the absence can be 18
stated at the time of the notification. If the absence is to be longer than one day, 19
the unit member shall notify the District the day before returning so that a 20
substitute, if employed, may be released. Unit members shall indicate their sick 21
leave status on their monthly hourly timecards. 22
30.13.3.4 The Association agrees to reduce the amount of their annual 23
retiree benefit contribution specified in Article 13.6.1.4 by $18,000 for the 2011- 24
2012 school year only to fund the sick leave program. Any remaining funds from 25
the 2011-2012 sick leave pilot program shall be used to fund the 2012-2013 sick 26
leave pilot program. The Association and District will meet in July 2013 to 27
determine how to distribute any remaining funds at the end of the school year, if 28
any. If there is a funding shortfall, the Association agrees to reduce an 29
equivalent amount from the 2013-2014 retiree benefit contribution. 30
// 31
// 32
// 33
// 34
// 35
36
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Article 30: Campus Assistants
ARTICLE 30.14: TRANSFERS 1
30.14.1 The District shall post at each work location known 2
vacancies. Such vacancies shall be posted for not less than five (5) working 3
days. For purposes of this provision, a vacancy shall occur when a new position 4
is created, or an existing position becomes vacant, as a result of retirement, 5
resignation, transfer, promotion or termination. A vacancy shall also occur if 6
there is an increase in the number of hours per day or year. 7
30.14.2 Voluntary Transfers: 8
30.14.2.1 A bargaining unit member may request a transfer to a vacant 9
position by submitting a request to the Human Resources within the five (5) day 10
posting period. A transfer shall mean the reassignment of a unit member without 11
examination from one position to another in the same classification held. 12
30.14.2.2 A transfer shall mean the reassignment of a unit member 13
without examination from one position to another in the class currently held or, if 14
no reemployment list exists for the class, related class with the same salary 15
range. A list designating families of classifications shall be maintained by the 16
Personnel Commission. The Director of Classified Human Resources, as 17
designated by the Personnel Commission, shall determine the relatedness of 18
classifications in consultation with the affected unit member and a CSEA 19
representative. Such meeting shall occur within 2 working days. 20
// 21
// 22
ARTICLE 30.15: PROMOTION 23
30.15.1 Job vacancies, not filled by transfer, within the bargaining 24
unit shall be filled by promotion, except when it is determined that there may not 25
be a sufficient number of applicants available to complete a promotional list. 26
30.15.2 Posting of Notices: 27
30.15.2.1 Notice of all job vacancies within the bargaining unit shall be 28
posted on bulletin boards in prominent locations at each District work site and on 29
the District web site. 30
30.15.2.2 The job vacancy notice shall remain posted for a period of 31
five (5) full working days, during which time members of the unit may file for the 32
vacancy. 33
30.15.2.3 Any bargaining unit member who will be on modified work 34
year, any leave of absence, or layoff during the period of the posting, shall be 35
emailed a copy of the notice unless the unit member requests a hard copy be 36
107
Article 30: Campus Assistants
sent by "First Class" mail on the date the position is posted, provided that the unit 1
member has a job interest request on file in the human resources office. 2
30.15.3 Notice Contents: The job vacancy notice shall include the 3
job title, a brief description of the position, the salary range, and the deadline for 4
filing to fill the vacancy. When known, the notice shall include number of hours 5
per day, regular assigned work shift times, days per week, and months per year 6
assigned to the position. 7
30.15.4 Filing: Any unit member may file for a vacancy by 8
completing and returning an appropriate application form to the personnel 9
department within the filing period. 10
30.15.5 Salary Placement: In determining appropriate salary 11
placement for unit members upon promotion, step placement shall be limited to 12
Steps A through E of the new salary range. Upon promotion to a class allocated 13
to a higher salary range, the unit member will be placed on the first step of the 14
new range which affords the unit member with at least a five percent (5%) 15
increase in salary, not to exceed the top step of that salary range. 16
30.15.5.1 However, upon written request (appeal), by a unit member 17
the Personnel Commission may approve a higher salary placement based upon 18
circumstances which would otherwise deprive the unit member of the benefits of 19
an appropriate salary increase. A unit member who is receiving a super- 20
maximum (longevity increment) at the time of promotion shall have such 21
increment added to the new salary, regardless of step placement. 22
30.15.6 When a campus assistant is promoted and does not successfully 23
complete a six (6) calendar month probationary period in the new classification, 24
the campus assistant shall have the right to be placed back in the former position 25
as campus assistant in a vacant equivalent position. If a vacant position does 26
not exist, the unit member shall displace the least senior campus assistant with 27
the same number of hours per day or less if the unit member has more seniority. 28
30.15.7 Seniority accrued in a promotional position by a Campus Assistant 29
shall be calculated in the same manner as classified employees. (see 20.5.1) 30
// 31
// 32
ARTICLE 30.16 REINSTATEMENT 33
30.16.1 Reinstatement of Unit Members After Resignation: Any 34
campus assistant in the school district who voluntarily resigns from his/her 35
campus assistant position may be reinstated or reemployed by the governing 36
108
Article 30: Campus Assistants
board of the district, within 39 months of his/her last day of paid service and 1
without further competitive examination, to a position in his/her former 2
classification as a campus assistant. 3
// 4
// 5
ARTICLE 30.17: GRIEVANCES 6
30.17.1 Grievances may be filed only as applicable to Article 30 and 7
those sections of the agreement covered. 8
// 9
// 10
ARTICLE 30.18: CONTRACTING OUT 11
30.18.1 During the term of this Agreement, the District agrees that it 12
will not contract out work that has been customarily and routinely performed or is 13
performable by unit members covered by this Agreement, unless the contracting 14
proposed is specifically permitted by law. This section shall not be interpreted as 15
prohibiting the District from contracting out work under this section if such work 16
cannot be performed by unit members because of current departmental work 17
demands or because of the compelling nature of the situation. The District shall 18
notify CSEA of this decision as soon as administratively possible. 19
30.18.2 No contract for services which might affect members of the 20
bargaining unit in the way of wages, hours, or other terms and conditions of 21
employment, shall be let until CSEA has been given notice of the District's 22
proposed action no less than fifteen (15) days in advance. After the notice has 23
been given, CSEA shall, as soon as possible but no less than seven (7) days, 24
present any demands to bargain over a decision to contract out and the effects 25
thereof. 26
30.18.3 For this article, a day shall be defined as any day the 27
District Office is open for business. 28
30.18.4 Use Of Volunteers: 29
Preamble: The parties agree that the work of parents, 30
students, friends, and other volunteers is an important and appreciated 31
contribution to the school community. At the same time, the parties recognize 32
that measures must be taken to guarantee that our facilities not be compromised. 33
Further, the parties recognize that the wealth of experience available in the 34
community is a resource that should be used in appropriate ways to enrich the 35
educational program and strengthen our schools relationships with the homes, 36
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Article 30: Campus Assistants
businesses, industries, public agencies and private institutions of our community. 1
The parties encourage parents and other members of the community to share 2
their special knowledge and abilities with our students. 3
The parties acknowledge that volunteers may be individuals, 4
students, parents/guardians, members of the community, professional experts as 5
well as persons from organized community and public agency programs and are 6
not paid a wage or salary by the District. 7
30.18.5 It is the intent of the District to use volunteers in accordance 8
with Section 35021 of the Education Code. Except as authorized by law and this 9
Agreement, the District will not abolish classified positions and, subsequently, 10
utilize volunteer workers, nor will volunteers be used in lieu of classified unit 11
members who are laid off as a result of the abolition of a position nor will the 12
District refuse to employ a person in a vacant classified position and use 13
volunteer workers in lieu thereof. 14
30.18.6 Volunteers may be utilized for major work which is defined 15
as any project in excess of $7,500, or for projects up to $7,499 which because 16
the size or timelines would necessitate contracting out or hiring extra help. The 17
volunteers are not to be used to supplant regular work normally or customarily 18
assigned to bargaining unit members on a routine basis. Projects utilizing 19
volunteers would be of finite duration which is defined as projects which, upon 20
completion, will not be extended or needed on a continuing basis. When non- 21
management work crew supervision is necessary, it will be provided by unit 22
members in the affected area. The District will determine if supervision is 23
necessary. 24
30.18.7 Materials: Management personnel in charge of the project 25
are responsible for the security and care of materials, tools, and equipment which 26
will be furnished and/or approved by District management personnel in the 27
responsibility area. Any loaning of materials, tools and equipment to volunteers 28
will be at the discretion of the manager in the responsibility area, who may 29
require that the volunteer(s) be tested on ability to run equipment to assure safe 30
operation both for the equipment and the user. 31
30.18.8 Security and Safety: Safety and common sense cannot be 32
overemphasized. Volunteers will follow all Federal, State, and local laws and 33
regulations regarding safety; the number of volunteers will be held to a 34
manageable level. Some jobs may require personal protective equipment such 35
as gloves, goggles, dust masks and the like. The manager in the responsibility 36
area will make the volunteer group leader aware of these safety requirements, 37
110
Article 30: Campus Assistants
and members of the group shall be provided with the items. All participants are 1
expected to abide by all safety regulations. 2
30.18.9 Supervision/Training: The management personnel in charge 3
of the project will assure that volunteers are adults or supervised students who 4
have some knowledge of work techniques required; if necessary, the manager of 5
the responsibility area will supply elementary training. Work guidelines will be 6
clearly defined. 7
30.18.10 Quality of Work/District Expectation: All volunteer work and 8
materials shall be offered at the highest possible standard, with the 9
understanding that the public, parents, students and staff will not differentiate this 10
work from that of a regular district unit member or of a hired contractor. Where 11
appropriate, district technical specifications will be provided and those 12
specifications will serve as the necessary guidelines for the job, including 13
adherence to materials selection and work quality. Volunteers are responsible 14
for meeting standards of quality of work requirements, all district expectations, 15
and all clean-up of all areas, materials, and equipment. Management personnel 16
in charge of the project are responsible for assuring that all tools are returned to 17
the appropriate department in clean and serviceable condition. 18
30.18.11 At least fifteen (15) days prior notice must be given to the 19
Director of Classified Human Resources through use of the District Use of 20
Volunteers Request Form by requesting administrator or classified manager. 21
The use of a volunteer must be approved by obtaining the signatures of the 22
CSEA President/designee, a Human Resources Administrator, and the affected 23
job family representative on the form before the work is performed. If any 24
concerns exist regarding the request, the Director of Classified Human 25
Resources shall be notified immediately. A conference shall be held as soon as 26
possible in an effort to resolve the concerns. The fifteen (15) day timeframe can 27
be reduced by mutual agreement of the CSEA president/designee and Director 28
of Classified Human Resources. 29
30.18.12 Classified unit members shall not volunteer for classified 30
work without prior consent of the District and the Association. Any volunteer 31
work performed by classified unit members shall be in accordance with federal 32
and state laws. 33
// 34
// 35
36
111
Article 30: Campus Assistants
ARTICLE 30.19: SAFETY 1
30.19.1 The District shall maintain a safe and sanitary work site for 2
all unit members' work areas. 3
30.19.2 All unit members shall help to maintain safe and sanitary 4
conditions in their work areas of responsibility. 5
30.19.3 All unit members will report to their immediate 6
administrator/manager in writing any practice, condition, or specific occurrence 7
which poses a threat to the health or safety of any person associated with the 8
District. The immediate administrator/manager shall forward the report to the 9
Risk Management Department. 10
30.19.4 The Association shall have the right to appoint two (2) 11
members to the District Safety Committee. Appointments to the Safety 12
Committee shall be for one fiscal year. Management members shall not 13
comprise a majority of the committee membership. 14
30.19.5 Bargaining unit members appointed to the District Safety 15
Committee shall be given paid release time to attend meetings when such 16
meetings are scheduled during the bargaining unit member's duty time. 17
30.19.6 Drug and Alcohol Testing Procedures: Pursuant to the 18
Department of Transportation (DOT) regulations 49 CFR Parts 40, 382 and 395, 19
the District has negotiated and implemented a drug and alcohol testing policy and 20
regulations with the California School Employees Association, Chapter 272. The 21
parties agree to negotiate any changes or modifications to the policy and 22
regulations affecting subjects within the scope of bargaining during the life of this or 23
any subsequent Agreement. 24
// 25
// 26
ARTICLE 30.20: EFFECTS OF AGREEMENT 27
30.20.1 It is understood and agreed that the specific provisions 28
contained in this Agreement shall prevail over the District practices and 29
procedures and over state laws to the extent permitted by state law and that, in 30
the absence of specific provisions in this Agreement, such practices and 31
procedures are discretionary with the District so long as such practices or 32
procedures are not within the scope of representation. 33
30.20.2 The provisions of this Agreement shall be incorporated into 34
and be considered a part of the established policies of the Board. 35
112
Article 30: Campus Assistants
30.20.3 This Agreement shall constitute the full and complete 1
commitment between both parties and shall supersede and cancel all previous 2
Agreements, both written and oral. This Agreement may be altered, changed, 3
added to, deleted from or modified only through voluntary mutual consent of the 4
parties in a written and signed amendment to this Agreement. 5
// 6
// 7
ARTICLE 30.21: SEVERABILITY 8
30.21.1 If any applicable law or rule, regulation or order in existence 9
or subsequently issued by a governmental authority renders invalid, restrains 10
(compliance with or enforcement of) any provision of this Agreement during the 11
life of this Agreement, such provision shall be immediately suspended and given 12
no effect hereunder so long as such law, rule, regulation or order shall remain in 13
effect. Such invalidation of a part or portion of this Agreement shall not invalidate 14
any remaining portions which shall continue in full force and effect. 15
30.21.2 In the event of suspension or invalidation of any article or 16
section of this Agreement, the parties agree to contact each other within thirty 17
(30) days after such determination. 18
// 19
// 20
ARTICLE 30.22: CONCERTED ACTIVITIES 21
30.22.1 It is agreed and understood that there will be no strike, work 22
stoppage, slow-down, picketing, or refusal or failure to fully and faithfully perform 23
job functions and responsibilities, or other interference with the operation of the 24
District by the Association or by its officers, agents or members during the term 25
of this Agreement, including compliance with the request of other labor 26
organizations to engage in such activity. 27
30.22.2 The Association recognizes the duty and obligation of its 28
representatives to comply with the provisions of this Agreement and to make 29
every effort toward inducing all unit members to do so. In the event of a strike, 30
work stoppage, slowdown, or other interference with the operations of the District 31
by unit members who are represented by the Association, the Association agrees 32
in good faith to take all necessary steps to cause those unit members to cease 33
such action. 34
113
Article 30: Campus Assistants
30.22.3 It is agreed and understood that any unit member violating 1
this Article may be subject to the full range of disciplinary procedures available to 2
the District. 3
30.22.4 It is understood that, in the event this Article is violated, the 4
District shall be entitled to withdraw any rights, privileges, or services provided for 5
in this Agreement. 6
30.22.5 The District agrees that it shall not engage in a lockout of the 7
bargaining unit. 8
// 9
// 10
ARTICLE 30.23: DISTRICT RIGHTS 11
30.23.1 It is understood and agreed that the District retains all of its 12
powers and authority to direct, manage, and control to the full extent of the law. 13
Included in but not limited to those duties and powers are the exclusive right to 14
determine its organization; direct the work of its unit members; determine the 15
times and hours of operation; determine the kinds and levels of services to be 16
provided, and the methods and means of providing them; establish its 17
educational policies, goals, and objectives; insure the rights and educational 18
opportunities of students; determine staffing patterns; determine the number and 19
kinds of personnel required; maintain the efficiency of District operations; 20
determine the curriculum; build, move or modify facilities; establish budget 21
procedures and determine budgetary allocation(s); determine the methods of 22
raising revenue; contract out work in accordance with this agreement; take action 23
on any matter in the event of an emergency; and retain the right to hire, classify, 24
assign, evaluate, promote, terminate, and discipline unit members. 25
30.23.2 The exercise of the foregoing powers, rights, authority, 26
duties, and responsibilities by the District, the adoption of policies, rules, 27
regulations and practices in furtherance thereof, and the use of judgment and 28
discretion in connection therewith, shall be limited only by the specific and 29
express terms of this Agreement, and then only to the extent such specific and 30
express terms are in conformance with law. 31
30.23.3 The District retains its right to amend, modify and rescind 32
policies and regulations referred to in this Agreement during the term of an 33
emergency. The determination of whether or not an emergency exists is solely 34
within the discretion of the Board. 35
// 36
114
Article 30: Campus Assistants
ARTICLE 30.24: TERM OF AGREEMENT 1
30.24.1 The terms and conditions of this Agreement shall remain in 2
effect from November 1, 2011 to October 31, 2014 except where modified by 3
mutual agreement. 4
30.24.1.1 The parties agree that for the 2012-2013 and 2013-2014 5
contract years, salary, and health benefits shall be open both years for 6
negotiation. For 2012-2013 two additional articles may be selected by each party 7
and for 2013-2014 one additional article may be selected by each party and for 8
both years, any other issues mutually agreed upon by the parties may be 9
reopened for negotiations. 10
30.24.1.2 Notice that the Association wishes to reopen negotiations 11
and which issues it wishes to reopen must be given to the District by August 15. 12
The District must give notice to CSEA of which issues it wishes to reopen by 13
September 1. 14
30.24.1.3 The District agrees that if it receives additional funding, or 15
additional reduction in funding, CSEA and the District will meet and negotiate. 16
// 17
// 18
ARTICLE 30.25: SENIORITY 19
30.25.1 Seniority: Seniority shall be based on hire date into the Campus 20
Assistant position, adjusted to reflect any break in service. 21
30.25.2 Any employment in a higher classification by a campus assistant 22
shall not be a break in service for seniority purposes as a campus assistant. 23
// 24
// 25
ARTICLE 30.26: DISCIPLINE 26
30.26.1 Discipline Upon suspension or termination of employment, a 27
Campus Assistant may request a review of the circumstances of their termination 28
to the Superintendent or designee within ten (10) working days of their 29
termination. 30
30.26.2 The decision of the Superintendent/designee is final and binding. 31
// 32
// 33
115
Appendix A: Classified Salary Schedule
APPENDIX A 1
// 2
(B) = Bilingual Position that requires Bilingual Skills as part of the position for all 3
incumbents per Article 9.10 (3% pay differential is built into the pay range). 4
All other positions may be made Bilingual by adding a stipend as required per Article 5
9.10.1. 6
7
8
116
Appendix A: Classified Salary Schedule
1
2
3
117
Appendix A: Classified Salary Schedule
1
2
3
118
Appendix B: Dues/Service Fee Schedule
APPENDIX B 1
DUES/SERVICE FEE SCHEDULE 2
1. The per capita dues of the State Association shall be 3
assessed at the rate of 1.5% of the first $2,450 of the monthly gross salary 4
(Exclusive of overtime, but including longevity, professional growth, and 5
anniversary increments), but shall not exceed a maximum assessment of 6
$367.50 annually. 7
Monthly deductions, at the rate set forth above, shall 8
commence in September of each year and continue through the following August 9
31, or until a maximum of $367.50 has been deducted during said twelve-month 10
period. 11
Chapter dues shall be $2.00 per month, but shall not exceed 12
$20.00 annually. Chapter dues shall not be paid by Service Fee Payers. 13
The preceding dues structure is subject to change by 14
adoption of the CSEA conference delegates and the members of the local 15
chapter. 16
This provision is binding on the District only to the extent that 17
the document reflects the current dues and fees, and to the extent the District 18
has the capability of processing the dues and fees through the County payroll 19
system. 20
// 21
// 22
// 23
// 24
// 25
// 26
// 27
// 28
// 29
// 30
// 31
119
Appendix C: Classified Employee Performance Evaluation Report
Oxnard School District
1051 South A Street Oxnard, CA 93030 (805) 487-3918
APPENDIX C 1
2
3
4
5
CLASSIFIED EMPLOYEE PERFORMANCE EVALUATION REPORT FORM 6
7
8
PERIOD OF REPORT TO END OF PROBATION 9
10
Employees Name Position 11
12
Location Date 13
14
Check one: 1st probationary 2
nd
Probationary Annual report Special report 15
16
PERFORMANCE EVALUATION will become part of the employees personnel file, and will be considered in relation to continued 17
employment, attainment of permanent classification, transfer, promotion, and dismissal or other disciplinary action. 18
Choose one: EExceeds District Standards MMeets District Standards NNeeds Improvement DDoes not meet District Standards 19
20
1. JOB KNOWLEDGE The employee possesses and maintains the required job skills. 21
Comments: 22
23
24
2. QUALITY OF WORK The employees work is accurate, neat, well-organized and thorough. 25
Comments: 26
27
28
3. QUANTITY OF WORK, WORK HABITS & PRODUCTIVITY The employee works to potential, consistently completes schedules 29
and maintains high productivity. 30
Comments: 31
32
33
4. ATTENDANCE AND PUNCTUALITY The employee is regular in attendance and is punctual. 34
Comments: 35
36
37
5. ATTITUDE The employee exhibits interest, is cooperative and a successful team worker, and accepts and adapts to change. 38
Comments: 39
40
41
6. INITIATIVE AND DEPENDABILITY The employee readily accepts responsibility and can be depended on to follow through on 42
work assignments with minimum direction. 43
Comments: 44
45
46
7. SAFETY The employee uses and cares for equipment properly, adheres to District and governmental guidelines for safety 47
procedures, and reports unsafe conditions. When applicable, the employee wears personal protection and uses proper 48
equipment. 49
Comments: 50
51
52
8. WORK RELATIONSHIPS The employee is courteous and polite to staff, parents, students and visitors, is cooperative and assists 53
others whenever possible. 54
Comments: 55
56
Additional Comments: 57
58
59
60
The Addendum to this form must be completed when this evaluation form has a rating of Needs Improvement or Does Not Meet District 61
Standards. Employee must be reevaluated within 30 to 90 calendar days. 62
I DO DO NOT RECOMMEND THAT THIS EMPLOYEE BE CONTINUED IN EMPLOYMENT. (Probationary employees only) 63
64
65
Supervisors Signature Position Title Date 66
67
68
EMPLOYEE: I have seen this evaluation report, and it has been discussed with me. I understand my signature does not 69
necessarily mean my complete agreement with all factors of the evaluation. (The Unit Member may append 70
comments to this evaluation by submitting them in writing within 30 days to Human Resources.) 71
72
Employees Signature Position Title Date 73
DISTRIBUTION: Human Resources Employee Supervisor 74
75
APPENDIX C 76
120
Appendix C: Classified Employee Performance Evaluation Report
Oxnard School District
1051 south A Street Oxnard, California 93030 (805)487-3918

ADDENDUM TO CLASSIFIED EMPLOYEE PERFORMANCE EVALUATION 1
REPORT FORM 2
3
4
5
6
This form must be completed when the Performance Evaluation includes a rating of Needs 7
Improvement or Does Not Meet District Standards. Employee must be re-evaluated within 30 8
to 90 calendar days 9
10
Employees Name 11
12
Position 13
14
Location 15
16
Date 17
18
Specific area(s) in which the employee does not meet job expectations: 19
20
21
22
23
24
25
26
27
28
Improvement Plan: 29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Supervisors Signature Position Title Date 45
46
EMPLOYEE: I have seen this evaluation report, and it has been discussed with me. I understand my signature does not 47
necessarily mean my complete agreement with all factors of the evaluation. (Unit Member may append comments 48
to this evaluation by submitting them in writing within 30 days to Human Resources) 49
50
51
Employees Signature Position Title Date 52
53
DISTRIBUTION: Human Resources Employee Supervisor 54
55
56
57
APPENDIX C 58
59
121
Appendix C: Classified Employee Performance Evaluation Report
EVALUATION CATEGORY DEFINITIONS 1
2
1. JOB KNOWLEDGE 3
The employee possesses and maintains the required job skills. 4
5
2. QUALITY OF WORK 6
The employees work is accurate, neat, well-organized and thorough. 7
8
3. QUANTITY OF WORK, WORK HABITS, AND PRODUCTIVITY 9
The employee works to potential, consistently completes schedules and maintains high 10
productivity. 11
12
4. ATTENDANCE AND PUNCTUALITY 13
The employee is regular in attendance and is punctual. 14
15
5. ATTITUDE 16
The employee exhibits interest, is cooperative and a successful team worker, and accepts 17
and adapts to change. 18
19
6. INITIATIVE AND DEPENDABILITY 20
The employee readily accepts responsibility and can be depended on to follow through on 21
work assignments with minimum direction. 22
23
7. SAFETY 24
The employee uses and cares for equipment properly, adheres to District and governmental 25
guidelines for safety procedures, and reports unsafe conditions. When applicable, the 26
employee wears personal protection and uses proper equipment. 27
28
8. WORK RELATIONSHIPS 29
The employee is courteous and polite to staff, parents, students and visitors, is cooperative 30
and assists others whenever possible. 31
32
9. SUPERVISORY ABILITY 33
Is fair and impartial; demonstrates effective leadership, decision making, training and 34
instruction of subordinates; initiates planning; effectively assigns, praises, disciplines and 35
evaluates personnel and satisfactorily completes work assigned.\ 36
37
Proficiency in training employees and in planning, organizing, laying out and getting out work, 38
leadership; promptness of action, soundness of decision; application of good management 39
principles. 40
41
EVALUATION RANKING DEFINITIONS 42
43
Exceeds District Standards 44
The employees job performance during the evaluation period has exceeded expectations; 45
the employees performance exceeds that which is normally required, definitely exceptional. 46
47
Meets District Standards 48
The employees job performance during the evaluation period has met expectations; the 49
employees performance meets that which is normally required. 50
51
Needs Improvement 52
The employees job performance during the evaluation period needs improvement and has 53
not met expectations; therefore, an improvement plan will be established. 54
55
Does Not Meet District Standards 56
The employees job performance during the evaluation period has not met minimum 57
expectations, or, where applicable, the goals set in an improvement plan were not met. 58
59
122
Appendix D: Grievance Forms

Oxnard School District
1051 south A Street Oxnard, California 93030 (805)487-3918

1
APPENDIX D 2
GRIEVANCE FORMS 3
4
5
6
7
8
9
10
11
LEVEL 1: EMPLOYEES GRIEVANCE STATEMENT 12
(CLASSIFIED) 13
14
15
1. Name of Grievant 16
2. Work Location 17
3. Job Title 18
4. Immediate Supervisor 19
5. Date Alleged Grievance Occurred 20
6. Statement of Grievance (Please summarize actions complained of, include location of act and 21
any witnesses) 22
23
7. Specific Contract Provision (S) 24
8. Remedy Requested 25
26
9. Date of Informal Conference 27
10. Decision from Informal Conference 28
11. Grievance Representative (if applicable) 29
30
Grievants Signature Date 31
32
33
Classified Grievance Form #1 34
Distribution: 35
Original Assistant Superintendent, Human Resources 36
Copy Grievant 37
Copy Administrator 38
39
40
41
42
43
44
45
46

1051 South A Street Oxnard, California 93030
805/487-3918

OXNARD SCHOOL DISTRICT

123
Appendix D: Grievance Forms

Oxnard School District
1051 south A Street Oxnard, California 93030 (805)487-3918

APPENDIX D 1
GRIEVANCE FORMS 2
3
4
5
6
7
8
9
10
11
LEVEL 2: EMPLOYEES GRIEVANCE APPEAL 12
(CLASSIFIED) 13
14
15
1. Name of Grievant 16
2 Date of Level 1 Decision 17
3. Reason for Appeal 18
19
20
4. Remedy Requested 21
5. Grievance Representative (if applicable) 22
23
Grievants Signature Date 24
25
26
Classified Grievance Form #2 27
Distribution: 28
Original Assistant Superintendent, Human Resources 29
Copy Grievant 30
Copy Administrator 31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46

1051 South A Street Oxnard, California 93030
805/487-3918

OXNARD SCHOOL DISTRICT

124
Appendix D: Grievance Forms

Oxnard School District
1051 south A Street Oxnard, California 93030 (805)487-3918

APPENDIX D 1
GRIEVANCE FORMS 2
3
4
5
6
7
8
9
10
11
LEVEL 3: EMPLOYEES GRIEVANCE APPEAL 12
(CLASSIFIED) 13
14
15
1. Name of Grievant 16
2 Date of Level 2 Decision 17
3. Reason for Appeal 18
19
20
4. Remedy Requested 21
5. Grievance Representative (if applicable) 22
23
Grievants Signature Date 24
25
26
Classified Grievance Form #3 27
Distribution: 28
Original Assistant Superintendent, Human Resources 29
Copy Grievant 30
Copy Administrator 31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52

1051 South A Street Oxnard, California 93030
805/487-3918

OXNARD SCHOOL DISTRICT

125
Appendix E: Memorandum of Understanding re Implementation of Article VIII

1
APPENDIX E 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
126
Appendix F: Letter of Understanding re Instructional Assistant Hourly Assignment Changes

1
APPENDIX F 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
127

1
2
APPENDIX G 3
4
INSTRUCTIONAL ASSISTANTS WITH BENEFITS 5
6
(FEWER THAN 6 DAILY WORK HOURS) 7
8
PSL Number Last Name First Name Benefits End
757 Esperanza Patricia 2018
793 Esquivel Aida 2025
780 Fischetti Ramona 2025
871 Gaona Cynthia 2024
2326 Gomez Manuela 2023
733 Mendoza Rachel 2014
1929 Ontiveros Gloria 2016
2033 Pena Virginia 2018
2127 Ramos Clara 2024
741 Saldana Mary 2015
375 Williams Ed 2012
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
128

APPENDIX H 1
2
2011-2012 CSEA WORK CALENDAR 3
4
5
6
7
8
APPENDIX I 9
129

1
2012-2013 CSEA WORK CALENDAR 2
3
4
5
6
7
130

1
APPENDIX J

2013-2014 CSEA WORK CALENDAR

131

1
APPENDIX K


BOARD AGENDA ITEM

Name of Contributor(s): Dr. Nancy J. Carroll Date of Meeting: November 13, 2013

Closed Session: _____
A. Preliminary ____
B. Hearing: __
C. Consent Agenda _
D. Action Items X
E. Reports/Discussion Items (no action) _____
F. Board Policies 1
st
Reading _____ 2
nd
Reading ____

Title: Consideration of Approval of Revised 2013-2014 Compensation for
Non-CSEA Campus Supervisors, Certificated and Classified
Substitutes, Confidential Employees, and Certificated and Classified
Management (Carroll)

EXECUTIVE SUMMARY:
Background:
The passage of the 2013-2014 State Budget Act includes a 1.565% COLA and
additional funds under the Local Control Funding Formula (LCFF). The Oxnard School
District has successfully completed negotiations for the 2013-2014 school year with the
Oxnard Supportive Services Association (OSSA) and the Oxnard California School
Employees Association (CSEA). The Board has approved a 1.565% ongoing on-
schedule salary increase, retroactive to July 1, 2013, and a 4% one-time off-schedule
salary payment for all OSSA members in paid status as of the date of the ratification. At
tonights Board of Trustees meeting in Section D Action Items, it is being recommended
that the Board approve the 2013-2014 revisions of the 2011-2014 CSEA Collective
Bargaining Agreement which includes the same salary increase for CSEA unit members.
In accordance with the Districts practice of treating each employee group similarly, the
following compensation increase to Unrepresented, Confidential and Management
employee groups is presented for the Boards consideration:
Employee Group Compensation
Non-CSEA Campus Supervisors
*Unrepresented Employees
1.565% ongoing on-schedule salary
increase retro to July 1, 2013
Certificated and Classified Substitutes
*Unrepresented Employees
1.565% ongoing on-schedule salary
increase retro to July 1, 2013
Confidential Employees
*Confidential Employees
1.565% ongoing on-schedule salary
increase retro to July 1, 2013
4% one-time off-schedule salary
payment
Certificated and Classified Management
*Management Employees
1.565% ongoing on-schedule salary
increase retro to July 1, 2013
4% one-time off-schedule salary
payment
FISCAL IMPACT:
The fiscal impact for the 2013-2014 fiscal year, to be paid out of the General Fund, is $471,500.

RECOMMENDATION
It is recommended that the Board of Trustees approve the 2013-2014 compensation revision as
indicated above.

ADDITIONAL MATERIAL(S):
2013-2014 Proposed Salary Schedules

GOAL(S):
6-Develop the Annual Budget to Support the Educational Goals of the District

CSEA/OSD 2013-2014 CLASSIFIED SALARY SCHEDULE (Eff. 7/1/2013) HOURLY
Step A Step B Step C Step D Step E
Range 3.0 7.72 8.12 8.51 8.95 9.38
Range 3.5 7.90 8.32 8.72 9.16 9.63
Range 4.0 8.12 8.51 8.95 9.38 9.85
Range 4.5 8.32 8.72 9.16 9.63 10.11
Range 5.0 8.51 8.95 9.38 9.85 10.36
Range 5.5 8.72 9.16 9.63 10.11 10.61
Range 6.0 8.95 9.38 9.85 10.36 10.88
Range 6.5 9.16 9.63 10.11 10.61 11.14
Range 7.0 9.38 9.85 10.36 10.88 11.41
Range 7.5 9.63 10.11 10.61 11.14 11.69
Range 8.0 9.85 10.36 10.88 11.41 11.98
Range 8.5 10.11 10.61 11.14 11.69 12.28
Range 9.0 10.36 10.88 11.41 11.98 12.57 Employee Anniversary Increments:
Range 9.5 10.61 11.14 11.69 12.28 12.89
Range 10.0 10.88 11.41 11.98 12.57 13.22
Range 10.5 11.14 11.69 12.28 12.89 13.54
Range 11.0 11.41 11.98 12.57 13.22 13.87
Range 11.5 11.69 12.28 12.89 13.54 14.23
Range 12.0 11.98 12.57 13.22 13.87 14.56
Range 12.5 12.28 12.89 13.54 14.23 14.92
Range 13.0 12.57 13.22 13.87 14.56 15.30
Range 13.5 12.89 13.54 14.23 14.92 15.66
Range 14.0 13.22 13.87 14.56 15.30 16.06
Range 14.5 13.54 14.23 14.92 15.66 16.47 $0.35
Range 15.0 13.87 14.56 15.30 16.06 16.85 $0.70
Range 15.5 14.23 14.92 15.66 16.47 17.28 $1.05
Range 16.0 14.56 15.30 16.06 16.85 17.69 $1.40
Range 16.5 14.92 15.66 16.47 17.28 18.15 $1.75
Range 17.0 15.30 16.06 16.85 17.69 18.59
Range 17.5 15.66 16.47 17.28 18.15 19.05
Range 18.0 16.06 16.85 17.69 18.59 19.51
Range 18.5 16.47 17.28 18.15 19.05 20.01 Night Shift Pay Differential:
Range 19.0 16.85 17.69 18.59 19.51 20.50
Range 19.5 17.28 18.15 19.05 20.01 21.01
Range 20.0 17.69 18.59 19.51 20.50 21.52
Range 20.5 18.15 19.05 20.01 21.01 22.07
Range 21.0 18.59 19.51 20.50 21.52 22.61
Range 21.5 19.05 20.01 21.01 22.07 23.17
Range 22.0 19.51 20.50 21.52 22.61 23.73
Range 22.5 20.01 21.01 22.07 23.17 24.34
Range 23.0 20.50 21.52 22.61 23.73 24.91 Bilingual Stipend:
Range 23.5 21.01 22.07 23.17 24.34 25.54
Range 24.0 21.52 22.61 23.73 24.91 26.14
Range 24.5 22.07 23.17 24.34 25.54 26.81
Range 25.0 22.61 23.73 24.91 26.14 27.44
Range 25.5 23.17 24.34 25.54 26.81 28.15
Range 26.0 23.73 24.91 26.14 27.44 28.82
Range 26.5 24.34 25.54 26.81 28.15 29.56
Range 27.0 24.91 26.14 27.44 28.82 30.25
Range 27.5 25.54 26.81 28.15 29.56 31.04
Range 28.0 26.14 27.44 28.82 30.25 31.76
Range 28.5 26.81 28.15 29.56 31.04 32.58
Range 29.0 27.44 28.82 30.25 31.76 33.35
Range 29.5 28.15 29.56 31.04 32.58 34.21
Range 30.0 28.82 30.25 31.76 33.35 35.02
Range 30.5 29.43 30.90 32.44 34.06 35.77
Range 31.0 30.16 31.67 33.25 34.92 36.66
Range 31.5 30.92 32.46 34.09 35.79 37.58
Range 32.0 31.69 33.27 34.94 36.68 38.52
Positions which have been designated
as bilingual and for which there is not a
specific minimum requirement of
bilingual skill for all incumbents of the
class shall receive a stipend of three (3)
percent.
7 years of service:
Unit members who regularly work more
than fifty (50) percent of their assigned
duty time after six (6) p.m. will be
compensated by an additional five (5)
percent pay differential.
25 years of service:
10 years of service:
15 years of service:
20 years of service:
Anniversary increments in the amount
of $61 shall be added to the monthly
compensation of full-time classified
employees upon completion of the 7th,
10th, 15th, 20th, and 25th years of
service. This formula yields the
following dollar values which shall be
added to the hourly compensation of
classified employees:

CONFIDENTIAL COMPENSATION AND BENEFIT PROGRAM 2013-14

(WITH 1.565% cola) Effective 7-1-2013

Salary
Schedule: Designated Confidentail Employees will be paid at the appropriate range

and step of the salary schedule indicated below.


STEPS ANNIVERSARY INCREMENTS*

A B C D E 7 Yrs 10 Yrs 15 Yrs 20 Yrs 25 Yrs
Range # E+$40 E+$80 E+$120 E+$160 E+$200
1.0 $2,548 $2,676 $2,808 $2,951 $3,097 $3,137 $3,177 $3,217 $3,257 $3,297
1.5 $2,612 $2,742 $2,879 $3,023 $3,174 $3,214 $3,254 $3,294 $3,334 $3,374
2.0 $2,677 $2,811 $2,951 $3,099 $3,254 $3,294 $3,334 $3,374 $3,414 $3,454
2.5 $2,744 $2,881 $3,025 $3,176 $3,335 $3,375 $3,415 $3,455 $3,495 $3,535
3.0 $2,812 $2,953 $3,101 $3,256 $3,418 $3,458 $3,498 $3,538 $3,578 $3,618
3.5 $2,883 $3,027 $3,178 $3,337 $3,504 $3,544 $3,584 $3,624 $3,664 $3,704
4.0 $2,955 $3,102 $3,258 $3,421 $3,592 $3,632 $3,672 $3,712 $3,752 $3,792
4.5 $3,029 $3,180 $3,339 $3,506 $3,681 $3,721 $3,761 $3,801 $3,841 $3,881
5.0 $3,104 $3,260 $3,423 $3,594 $3,773 $3,813 $3,853 $3,893 $3,933 $3,973
5.5 $3,182 $3,341 $3,508 $3,684 $3,868 $3,908 $3,948 $3,988 $4,028 $4,068
6.0 $3,262 $3,425 $3,596 $3,776 $3,964 $4,004 $4,044 $4,084 $4,124 $4,164
6.5 $3,343 $3,510 $3,686 $3,870 $4,063 $4,103 $4,143 $4,183 $4,223 $4,263
7.0 $3,427 $3,598 $3,778 $3,967 $4,165 $4,205 $4,245 $4,285 $4,325 $4,365
7.5 $3,512 $3,688 $3,872 $4,066 $4,269 $4,309 $4,349 $4,389 $4,429 $4,469
8.0 $3,600 $3,780 $3,969 $4,168 $4,376 $4,416 $4,456 $4,496 $4,536 $4,576
8.5 $3,690 $3,875 $4,068 $4,272 $4,485 $4,525 $4,565 $4,605 $4,645 $4,685
9.0 $3,782 $3,971 $4,170 $4,379 $4,597 $4,637 $4,677 $4,717 $4,757 $4,797
9.5 $3,877 $4,071 $4,274 $4,488 $4,712 $4,752 $4,792 $4,832 $4,872 $4,912
10.0 $3,974 $4,173 $4,381 $4,600 $4,830 $4,870 $4,910 $4,950 $4,990 $5,030
10.5 $4,073 $4,277 $4,491 $4,715 $4,951 $4,991 $5,031 $5,071 $5,111 $5,151
11.0 $4,175 $4,384 $4,603 $4,833 $5,075 $5,115 $5,155 $5,195 $5,235 $5,275
11.5 $4,279 $4,493 $4,718 $4,954 $5,202 $5,242 $5,282 $5,322 $5,362 $5,402
12.0 $4,386 $4,606 $4,836 $5,078 $5,332 $5,372 $5,412 $5,452 $5,492 $5,532
12.5 $4,496 $4,721 $4,957 $5,205 $5,465 $5,505 $5,545 $5,585 $5,625 $5,665

* Anniversary Increments


Employees shall earn an increment of $40 each at the beginning of the 7th, 10th, 15th,


20th and 25th years of
service.


Each confidential position will be assigned a range number and workdays as follows:


Position

Days Range Stipend
Executive Assistant to the Asst. Superintendent of Human Resources

261 10.0 $373
Executive Assistant to the Asst. Superintendent of Ed. Services

261 9.0 $274
Executive Assistant to the Asst. Superintendent of Business Services

261 9.0 $274
Human Resource Analyst

261 9.0 $274


Assignment to Step and Anniversary Increments. Annual salary increments (steps), including anniversary
increments, are effective on the employee's anniversary date. The anniversary date is established in the following
manner:

All employees shall have a common anniversary date of July 1, beginning on July 1, 1989, for purposes of
step movement and longevity increments only. Beginning July 1, 1989, individuals hired on or before
December 31 shall be eligible to receive an anniversary step increment step the ensuing July. An individual
hired after December 31 shall not be eligible to receive an anniversary step increment until the July following
the first July.

Annual salary increments (steps), including anniversary increments, are effective on each anniversary date
until the maximum step is reached on the assigned salary range. An employee will begin receiving the seven-
year anniversary increment at the beginning of his/her seventh year of service to the District regardless of
classification; without a break in service. The same procedures will be followed for subsequent anniversary
increments.

Confidential Stipend. In addition to the scheduled salary, each designated confidential employee shall receive a
stipend per month as indicated for individual positions. Anniversary increments of $50.00 per month shall be added
to the stipend of Confidential positions at the beginning of the 6th, 9th, 12th, 15th, 18th and 21st years of service.

Professional Growth. All confidential employees of the Oxnard School District are eligible to participate in the
classified Professional Growth Award Program.

Health and Welfare Benefits. Effective July 1, 2003, the District will make a $795.58 contribution towards the
premium for the following group health insurance programs:
Health and Accident
Dental with/Ortho
Vision/Life

Disability Retirement Under PERS. Confidential employees with at least ten (10) years service with the district
who receive a disability retirement under PERS, shall be eligible for the same medical retirement benefits as regular
retirees.

The health and welfare benefits for retirees are subject to whatever modifications and specifications as may apply in
future years to confidential employees on active duty.

Health and Welfare Benefits for Retirees.
For any Confidential Employee employed by the District prior to June 30, 2012, the District shall provide (a) health
and accident, (b) dental, (c) vision, and (d) life insurance premiums for Management employees and dependents
retiring after reaching their 55th birthday provided such employees have given 15 years of service in the California
Public School System and in the Oxnard School District for the eight consecutive years preceding the date of
retirement. These benefits will be provided until the retiree reaches the age of 69

Confidential Employees hired on or after July 1, 2012 will not receive retiree benefits.

Retirement Contribution Benefits. The district shall provide confidential employees the provisions contained in
Section 414(h)(2) of the Internal Revenue Code concerning the tax treatment of employee retirement contributions
paid by the Oxnard School District. Exhibit 7560(A) E, addresses the specifics of this benefit.


Professional Organization Membership. The district shall pay directly to the organization an amount not to exceed
the annual membership dues of the Association of California Administrators for confidential employees who process
membership in ACSA, a professional secretarial or other appropriate professional organization approved by the
Superintendent.


Updated 10-2013

CERTIFICATED MANAGEMENT COMPENSATION AND BENEFIT PROGRAM: 2013-2014
(with 1.565% COLA effective 7-1-2013)
This Policy and the salary schedules below shall govern the determination of compensation and benefits for all
certificated management positions of the Oxnard School District.

Vacation Days. Management employees shall be granted additional vacation days based on years of
management service to the Oxnard School District as scheduled below:
Vacation Days
Management Service 11 Months 12 Months
Years 1 3 20 22
Years 4 7 21 23
Years 8 11 22 24
Years 12 15 23 25
Years 16 or more 24 26

Annual Salary. An annual salary is earned during the period beginning July 1 and ending June 30.

Method of Payment: The annual salary will be divided into 12 equal installments, the first installment to be
paid on the last working day of the month, and subsequent installments to be paid on the last working day of
each month.

Stipend for Doctorate. An annual stipend of $750 will be granted to management staff with an earned doctorate
degree.

Anniversary Increments. Anniversary increments in the amount of $1,205 shall be added to the salary
schedule of management positions at the beginning of the 6th, 9th, 12th, 15th, 18th, 21st and 24th years of
service. This formula yields anniversary increments with the following dollar values: $1,205, $2,410, $3,615,
$4,820, $6,025, $7,230 and $8,435.

Implementation of Salary Schedule. Except as noted below, initial placement of all new management
employees will be to the first step of the appropriate salary schedule for the position.

A salary increment shall be granted on each anniversary date to a maximum of the third step. The anniversary
date shall be each July 1 after completion of 155 days of paid status in the appropriate position.

Credit for Out of District Management Experience. Effective July 1, 1989, all currently assigned and new
certificated and classified management staff will be granted one-half longevity credit for management
experience in other school districts. This longevity credit is applicable to anniversary increments only.

When an employee is promoted into a position with a higher annual salary maximum, the employee shall be
placed on the salary step of the new position that effectuates an increase in the employee's current per diem rate.
The Board of Trustees may grant initial placement up to and including the third step for acceptable and
equivalent prior experience.

Position Days Step 1 Step 2 Step 3
Director, English Learner Services 261 $102,075 $111,257 $121,273
Director, Pupil Services 261 $102,075 $111,257 $121,273
Director, Curriculum, State & Federal
Programs (Director, Curriculum, Instruction &
Accountability) 261 $102,075 $111,257 $121,273
Director, Certificated Human
Resources/Public Information Officer 261 $102,075 $111,257 $121,273
Manager, Special Education 261 $90,338 $98,464 $107,327
Administrative Intern (Manager, Special
Programs) 261 $90,338 $98,464 $107,327
Duties Assigned Beyond the Regularly Designated Duty Year. Management employees who are assigned by
mutual agreement to administrative duties beyond their regularly designated duty year shall be compensated at
their per diem rate of pay.

Health and Welfare Benefits. Effective July 1, 2003, the District will make a $795.58 contribution towards the
premium for the following group health insurance programs:
A. Health and Accident
B. Dental with/Ortho
C. Vision
D. Life Insurance

Health and Welfare Benefits for Retirees. Certificated Administrators Hired prior to June 30, 2012: For any
certificated administrator employed by the District prior to June 30, 2012, the District shall provide (a) health
and accident, (b) dental, (c) vision, and (d) life insurance premiums for Management employees and dependents
retiring after reaching their 55th birthday provided such employees have given 15 years of service in the
California Public School System and in the Oxnard School District for the eight consecutive years preceding the
date of retirement. These benefits will be provided until the retiree reaches the age of 69.

Certificated Administrators hired on or after July 1, 2012 will not receive retiree benefits.

Retirement Contribution Benefits. The District shall provide to management the provisions contained in
Section 414(h) (2) of the Internal Revenue Code concerning the tax treatment of employee retirement
contribution paid by the Oxnard School District. Exhibits 7200(F) E and 7200(G) E address the specifics of this
benefit.

Professional Organization Membership. The District shall pay directly to the organization an amount not to
exceed the membership dues of the Association of California School Administrators for management employees
who process membership in ACSA or any other appropriate professional organization approved by the
Superintendent.



























SITE ADMINISTRATOR COMPENSATION AND BENEFIT PROGRAM:
The salary schedule indicated below shall serve as the base for the determination of salaries for all identified
positions.
Preamble:
Our policy for the compensation of site administrators is based on a variety of ideas and principles to assist us in
making this policy and its impacts on our students and their learning functional. Those principles include:

1. As a function of their heightened responsibility, administrators should be compensated at a higher daily rate
than those that they supervise.


2. Salary of site administrators is based on an assumption that there need not be a salary schedule as the
District will pay for their expertise and competence from the outset. There is no need for additional steps as
the Districts policy is to pay for experience and competence from the beginning.


3. Administrators can only move to additional compensation alternatives or positions based on their
performance in the school, not factors of seniority or longevity. Performance presumes that there is the presence
of some evidence to substantiate the performance.


4. It is in the Districts interest to have its site administrators compensation positioned at the same level of the
market (i.e., the tri-county area) as the market position of the compensation of other District employee groups,
and in no case not below the top half of the market to provide for effective administrative recruitment and
retention.

Annual Salary. An annual salary is earned during the period beginning August 1 and ending July 31.

Method of Payment: The annual salary will be divided into 12 approximately equal installments (eleven (11)
installments and one (1) summer pay). The first installment is to be paid on the last business day of August and
subsequent installments to be paid on the last business day of each month.

Stipend for Doctorate. An annual stipend of $750 will be granted to site administrators with an earned
doctorate degree.

Stipend for Bilingual Administrator. An Annual stipend of 2% of the site administrators base salary will be
granted to each administrator upon verification of fluency in a language determined by the Board of Trustees to
be a language in significant usage in within the District. Fluency shall be considered verified by possession of a
BCLAD certificate or Bilingual Certificate of Competence, or passage of subtests (III, IV, and V) of the
California Subject Examinations for Teachers (CSET): Languages Other Than English (LOTE) with a proficient
score determined by the California Commission on Teacher Credentialing.

Implementation of Salary Schedule. Initial placement of all site administration employees will be to the non-
Master level of the appropriate salary schedule for the position, regardless of their prior position or experience.
To advance to the Master level, a Learning Director must have the written approval of the Superintendent based
on the recommendation and performance evidence provided by the School Principal. For a principal to advance
to the Master level, the principal must have recorded action of the Board of Trustees, based on the
recommendation and performance evidence provided by the Superintendent

Duties Assigned Beyond the Regularly Designated Duty Year. Management employees who are assigned by
the Superintendent or designee to administrative duties beyond their regularly designated duty year shall be
compensated on a pro-rata basis at their per diem rate of pay.






Description Days Daily Rate
Annual
Salary
Master Principal, Intermediate School 215 $559 $120,144
Master Principal Elementary 210 $530 $111,229
Master Asst. Principal, Intermediate School 210 $483 $101,396
Master Asst. Principal, Elementary School 205 $483 $98,988

Principal, Intermediate School 215 $530 $113,877
Principal, Elementary School 210 $490 $102,821
Asst. Principal, Intermediate School 210 $472 $99,223
Asst. Principal, Elementary School 205 $472 $96,861

Administrative Intern 200 Teacher Salary + 12%

Health and Welfare Benefits. Effective July 1, 2003, the District will make a $795.58 contribution towards the
premium for the following group health insurance programs:
A. Health and Accident
B. Dental with/Ortho
C. Vision
D. Life Insurance

Health and Welfare Benefits for Retirees. Site Administrators Hired prior to June 30, 2012: For any site
administrator employed by the District prior to June 30, 2012, the District shall provide (a) health and accident,
(b) dental, (c) vision, and (d) life insurance premiums for Management employees and dependents retiring after
reaching their 55th birthday provided such employees have given 15 years of service in the California Public
School System and in the Oxnard School District for the eight consecutive years preceding the date of
retirement. These benefits will be provided until the retiree reaches the age of 69.

Site Administrators hired on or after July 1, 2012 will not receive retiree benefits.

Retirement Contribution Benefits. The District shall provide to management the provisions contained in
Section 414(h) (2) of the Internal Revenue Code concerning the tax treatment of employee retirement
contribution paid by the Oxnard School District. Exhibits 7200(F) E and 7200(G) E address the specifics of this
benefit.

Professional Organization Membership. Upon annual written request, and the timely processing of
membership by a site administrator the District shall pay the membership dues of site administration employees
for the Association of California School Administrators or any other appropriate professional organization
approved by the Superintendent.

Revised October 2013

CLASSIFIED MANAGEMENT COMPENSATION AND BENEFIT PROGRAM: 2013-2014
(with 1.565% COLA effective 7-1-2013)
This Policy and the salary schedules below shall govern the determination of compensation and benefits for all
classified management positions of the Oxnard School District.

Vacation Days. Management employees shall be granted additional vacation days based on years of
management service to the Oxnard School District as scheduled below:
Vacation Days
Management Service 11 Months 12 Months
Years 1 3 20 22
Years 4 7 21 23
Years 8 11 22 24
Years 12 15 23 25
Years 16 or more 24 26

Annual Salary. An annual salary is earned during the period beginning July 1 and ending June 30.

Method of Payment: The annual salary will be divided by the number of months in which paid days occur.
The total number of months of service will be paid in equal installments starting with the first month in which
service occurs.

Stipend for Doctorate. An annual stipend of $750 will be granted to management staff with an earned
doctorate degree.

Anniversary Increments. Anniversary increments in the amount of $1,205 shall be added to the salary
schedule of management positions at the beginning of the 6th, 9th, 12th, 15th, 18th, 21st and 24th years of
service. This formula yields anniversary increments with the following dollar values: $1,205, $2,410, $3,615,
$4,820, $6,025, $7,230 and $8,435.

Implementation of Salary Schedule. Except as noted below, initial placement of all new management
employees will be to the first step of the appropriate salary schedule for the position.

A salary increment shall be granted on each anniversary date to a maximum of the third step. The anniversary
date shall be each July 1 after completion of 155 days of paid status in the appropriate position.

Credit for Out of District Management Experience. Effective July 1, 1989, all currently assigned and new
certificated and classified management staff will be granted one-half longevity credit for management
experience in other school districts. This longevity credit is applicable to anniversary increments only.

When an employee is promoted into a position with a higher annual salary maximum, the employee shall be
placed on the salary step of the new position that effectuates an increase in the employee's current per diem
rate.
The Board of Trustees may grant initial placement up to and including the third step for acceptable and
equivalent prior experience.

Duties Assigned Beyond the Regularly Designated Duty Year. Management employees who are assigned
by mutual agreement to administrative duties beyond their regularly designated duty year shall be
compensated at their per diem rate of pay.

Health and Welfare Benefits: Effective July 1, 2003, the District will make a $795.58 contribution towards
the premium for the following group health insurance programs:
A. Health and Accident
B. Dental with/Ortho
C. Vision
D. Life Insurance

Classified Managers Hired prior to June 30, 2012: For any Classified Manager employed by the District
prior to June 30, 2012, the District shall provide (a) health and accident, (b) dental, (c) vision, and (d) life
insurance premiums for Management employees and dependents retiring after reaching their 55th birthday
provided such employees have given 15 years of service in the California Public School System and in the
Oxnard School District for the eight consecutive years preceding the date of retirement. These benefits will be
provided until the retiree reaches the age of 69.

Classified Managers Hired after July 1, 2012:
Classified Managers hired on or after July 1, 2012 will not receive retiree benefits.

Retirement Contribution Benefits. The District shall provide to management the provisions contained in
Section 414(h) (2) of the Internal Revenue Code concerning the tax treatment of employee retirement
contribution paid by the Oxnard School District. Exhibits 7200(F) E and 7200(G) E address the specifics of
this benefit.

Professional Organization Membership. The District shall pay directly to the organization an amount not to
exceed the membership dues of the Association of California School Administrators for management
employees who process membership in ACSA or any other appropriate professional organization approved by
the Superintendent.

Position
Paid
Days* Step 1 Step 2 Step 3
Chief Information Officer 261 $106,004 $115,540 $125,941
Director, Budget & Finance 261 $93,689 $102,115 $111,308
Director of Classified Personnel 261 $93,689 $102,115 $111,308
Director of Purchasing 261 $80,350 $87,577 $95,461
Asst. Director of Facilities 261 $77,469 $84,437 $92,037
Director, Child Nutrition Services 261 $76,058 $82,900 $90,362
Risk Manager 261 $75,716 $82,527 $89,955
Facilities Project Manager 261 $75,716 $82,527 $89,955
Sch. Bldg. Inspector/Project Supervisor 261 $75,716 $82,527 $89,955
Energy Educator/Manager 261 $75,716 $82,527 $89,955
Director, Early Childhood Eductiaon Programs 261 $71,784 $78,242 $85,284
Maintenance Manager 261 $66,430 $72,405 $78,922
Executive Asst. to Superintendent** 261 $64,328 $70,114 $76,426
Accountant/Internal Auditor 261 $64,328 $70,114 $76,426
Operations Manager 261 $61,800 $67,360 $73,422
Manager, Transportation 261 $61,800 $67,360 $73,422
Custodial Services Manager 261 $55,603 $60,615 $66,071
Warehouse Manager 261 $53,553 $58,370 $63,624
Asst. Director of Child Nutrition Services 261 $53,553 $58,370 $63,624

*Includes vacation days and holidays

**Plus a $775 monthly stipend

Updated October 2013
BOARD AGENDA ITEM


Name of Contributor(s): Dr. Nancy J. Carroll Date of Meeting: November 13, 2013

Closed Session: _____
A. Preliminary ____
B. Hearing: __
C. Consent Agenda _
D. Action Items X
E. Reports/Discussion Items (no action) _____
F. Board Policies 1
st
Reading _____ 2
nd
Reading ____

Title: Consideration of Approval of Employment Agreement Amendments for
2013-2014 Compensation for Contracted Administrators (Carroll)

EXECUTIVE SUMMARY:
Background:

The passage of the 2013-2014 State Budget Act includes a 1.565% COLA and additional funds
under the Local Control Funding Formula (LCFF). The Oxnard School District has successfully
completed negotiations for the 2013-2014 school year with the Oxnard Supportive Services
Association (OSSA) and the Oxnard California School Employees Association (CSEA). The Board
has approved a 1.565% ongoing on-schedule salary increase, retroactive to July 1, 2013, and a
4% one-time off-schedule salary payment for all OSSA members in paid status as of the date of
the ratification. At tonights Board of Trustees meeting, in Section D Action Items, it is being
recommended that the Board approve the 2013-2014 revisions of the 2011-2014 CSEA Collective
Bargaining Agreement which includes the same salary increase for CSEA unit members. In
accordance with the Districts practice of treating each employee group similarly, contract
amendments increasing the compensation of contracted administrators by 1.565% ongoing,
retroactive to July 1, 2013, and a 4% one-time payment are presented for the Boards
consideration. The amendments for the following administrators are attached:

Dr. Cesar Morales, Superintendent
Catherine Kawaguchi, Assistant Superintendent, Educational Services
Lisa Cline, Assistant Superintendent, Business & Fiscal Services
Dr. Jesus Vaca, Assistant Superintendent, Human Resources & Support Services
Jorge Gutierrez, Executive Director Facilities Planning, Engineering and Operations
FISCAL IMPACT:
The fiscal impact for the 2013-2014 fiscal year, to be paid out of the General Fund, is $43,477.

RECOMMENDATION
It is recommended that the Board of Trustees approve the 2013-2014 compensation revision as
indicated above.


ADDITIONAL MATERIAL(S):
First Amendment Employment Agreement Superintendent
Sixth Amendment Employment Agreement- Assistant Superintendent, Educational Services
Fourth Amendment Employment Agreement- Assistant Superintendent, Business & Fiscal Services
First Amendment Employment Agreement- Assistant Superintendent, Human Resources &
Support Services
Fifth Amendment Employment Agreement- Executive Director, Facilities Planning, Engineering &
Operations

GOAL(S):
6-Develop the Annual Budget to Support the Educational Goals of the District


FIRST AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN OXNARD
SCHOOL DISTRICT AND DR. CESAR MORALES, SUPERINTENDENT

This First Amendment to the Employment Agreement (First Amendment) is made and
entered into this 14
th
day of November, 2013 between the Oxnard School District (District)
and Dr. Cesar Morales, Superintendent (Superintendent). This First Amendment amends the
Employment Agreement entered into between the District and Superintendent effective July 1,
2013, as follows:

Article 4 Salary

Section 4.3 of the Employment Agreement states that the Superintendent will receive, at
a minimum, any bonuses, stipends and salary adjustments awarded to district
administrators in the District. Accordingly, Article 4, Section 4.1.1 shall be added as
follows:

4.1.1 The salary of the Superintendent shall be increased by 1.565% for the term of this
Agreement, retroactive to July 1, 2013. The Superintendent shall also receive a
4% one-time payment. This one-time payment shall be payable in November
2013.

For the Board of Trustees:


By:
Ana Del Rio-Barba, Board President



Date of Acceptance:
Dr. Cesar Morales, Superintendent
SIXTH AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE OXNARD
SCHOOL DISTRICT AND CATHERINE KAWAGUCHI, ASSISTANT
SUPERINTENDENT, EDUCATIONAL SERVICES

This Sixth Amendment to the Employment Agreement (Sixth Amendment) is made
and entered into this 14
th
day of November, 2013 between the Oxnard School District
(District) and Ms. Catherine Kawaguchi, Assistant Superintendent, Educational Services
(Assistant Superintendent). This Sixth Amendment amends the Employment Agreement
entered into between the District and Chief Academic Officer effective December 9. 2008, as
follows:

Article 4 Salary

Article 4, Section 4.1.2 shall be added as follows:

4.1.2 The salary of the Assistant Superintendent shall be increased by 1.565% for the
term of this Agreement, retroactive to July 1, 2013. The Assistant Superintendent
shall also receive a 4% one-time payment. This one-time payment shall be
payable in November 2013.
For the Board of Trustees:


By:
Ana Del Rio-Barba, Board President



Date of Acceptance:
Catherine Kawaguchi, Assistant
Superintendent, Educational Services
FOURTH AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN
OXNARD SCHOOL DISTRICT AND LISA CLINE, ASSISTANT SUPERINTENDENT,
BUSINESS & FISCAL SERVICES

This Fourth Amendment to the Employment Agreement (Fourth Amendment) is made
and entered into this 14
th
day of November, 2013 between the Oxnard School District
(District) and Ms. Lisa Cline, Assistant Superintendent of Business & Fiscal Services
(Assistant Superintendent). This Fourth Amendment amends the Employment Agreement
entered into between the District and the Assistant Superintendent of Business & Fiscal Services
effective July 1, 2011, as follows:

Article 4 Salary

Article 4, Section 4.1.2 shall be added as follows:

4.1.2 The salary of the Assistant Superintendent shall be increased by 1.565% for the
term of this Agreement, retroactive to July 1, 2013. The Assistant Superintendent
shall also receive a 4% one-time payment. This one-time payment shall be
payable in November 2013.
For the Board of Trustees:


By:
Ana Del Rio-Barba, Board President



Date of Acceptance:
Lisa Cline, Assistant Superintendent
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE OXNARD
SCHOOL DISTRICT AND DR. JESUS VACA, ASSISTANT SUPERINTENDENT,
HUMAN RESOURCES AND SUPPORT SERVICES

This First Amendment to the Employment Agreement (First Amendment) is made and
entered into this 14
th
day of November, 2013 between the Oxnard School District (District)
and Dr. Jesus Vaca, Assistant Superintendent, Human Resources and Support Services
(Assistant Superintendent). This First Amendment amends the Employment Agreement
entered into between the District and Assistant Superintendent, Human Resources effective
November 4, 2013, as follows:

Article 4 Salary

Article 4, Section 4.1.1 shall be added as follows:

4.1.1 The salary of the Assistant Superintendent, Human Resources shall be increased
by 1.565% for the term of this Agreement, effective November 4, 2013. The
Assistant Superintendent shall also receive a 4% one-time payment. This one-time
payment shall be payable in November 2013.
For the Board of Trustees:


By:
Ana Del Rio-Barba, Board President



Date of Acceptance:
Jesus Vaca, Assistant Superintendent
FIFTH AMENDMENT TO EMPLOYMENT AGREEMENT BETWEEN THE OXNARD
SCHOOL DISTRICT AND JORGE GUTIERREZ, EXECUTIVE DIRECTOR FOR
FACILITIES, PLANNING, ENGINEERING AND OPERATIONS

This Fifth Amendment to the Employment Agreement (Fifth Amendment) is made and
entered into this 14
th
day of November, 2013 between the Oxnard School District (District)
and Mr. Jorge Gutierrez, Executive Director for Facilities, Planning, Engineering and Operations
(Executive Director). This Fifth Amendment amends the Employment Agreement entered into
between the District and Executive Director effective March 1, 2009, as follows:

Article 4 Salary

Article 4, Section 4.1.2 shall be added as follows:

4.1.2 The salary of the Executive Director shall be increased by 1.565% for the term of
this Agreement, retroactive to July 1, 2013. The Executive Director shall also
receive a 4% one-time payment. This one-time payment shall be payable in
November 2013.
For the Board of Trustees:


By:
Ana Del Rio-Barba, Board President



Date of Acceptance:
Jorge Gutierrez, Executive Director
BOARD AGENDA ITEM


Name of Contributor: Dr. Morales Date of Meeting: 11-13-13

Study Session ____
A. Preliminary ____
B. Hearing: ____
C. Consent Agenda ____
D. Action Items __X_
E. Report/Discussion Items (no action) _____
F. Board Policies 1
st
Reading _____ 2
nd
Reading

Annual Review of OSD Board of Trustees Superintendent Protocols
DESCRIPTION:
During the Board Retreat of October 29, 2011 and January 7, 2012, the Board of Trustees and
the Superintendent met to discuss the purpose of general planning for the 2011-2012 and 2012-
2013 school years. During the course of the meeting general protocols were developed, as well
as specific protocols for the Board and for the Superintendent.

The commitment of the Board of Trustees was to establish the most effective and efficient
working relationship possible for the governance team. These Protocols were brought to the
Board of Trustees at the November 16, 2011 board meeting and the Board tabled the item and
directed the Superintendent to bring them back for consideration at the January 2012 board
meeting. The Governance Team Protocols were adopted by the Board of Trustees on January
18, 2012. The Governance Team Protocols were reviewed and adopted by the Board of
Trustees on September 19, 2012; at that time Boards instruction was to bring these back for
annual review of the Board and Administration.


FISCAL IMPACT: None


RECOMMENDATION:
It is recommended that the Board of Trustees review and adopt the Protocols, as presented.


ADDITIONAL MATERIALS:
Oxnard School District, Board of Trustees Superintendent Protocols


DISTRICT GOAL(S):
Goal 1 Improve Communication with Community and Staff
Goal 2 Create an Environment of Cultural Proficiency in our Classrooms, in the
Workplace, and in the Community that Promotes a Healthy, Safe, Diverse and Inclusive
Educational Environment
Goal 5 Adopt and Implement a Comprehensive Facilities Program that Improves
Student Performance, Maximizes State Funding Opportunities and Reduces
Overcrowding at Existing School Sites
Goal 6 Develop the Annual Budget to Support the Educational Goals of the District
1



November 13, 2013

Oxnard School District
Board of Trustees Superintendent Protocols

Background
The commitment of the Board of Trustees is to establish the most effective and efficient
working relationship possible for the governance team. In addition to guiding our work,
the protocols we set will be communicated broadly to staff and community so everyone
can devote our energies to focusing on our students. The Board of Trustees is the
educational policy-making body for the District. To effectively meet the Districts
challenges the Board and Superintendent must function together as a leadership team. To
ensure unity among team members, effective operating procedures, or protocols, must be
in place. There are general protocols and those that are specific for the Board and for the
Superintendent.

General The Board of Trustees and Superintendent:

1. We will keep learning and achievement for each and every student as the primary
focus.

2. We will operate openly with trust and integrity.

3. We will govern in a dignified and professional manner, treating everyone with
civility, dignity, and respect, while honoring the right to disagree with each other.

4. We will keep confidential matters confidential and we will uphold the legal
requirement for confidentiality on all matters arising from Board Meeting Closed
Sessions.

5. We will discuss public matters in publicly noticed Board meetings.

6. We will focus on policymaking, planning, and evaluation for student success.

7. We will ensure opportunities for and respect the diverse range of views in the
community to inform Board deliberations, and evaluate the Districts performance.

8. We will communicate the common vision and annual, measurable goals with a time
line.

oXnard school district
1051 South A Street Oxnard, California 93030
805/385-1501, Ext. 2030
Office of the Superintendent
2
Board Members:

1. We will act with dignity, and understand the implication of demeanor and behavior.

2. We will recognize and respect difference of perspective, style and opinion on the
Board and among staff, students, parents, and the community.

3. We will understand authority rests with the Board as a whole and not with
individuals. Recognize decisions are made only at properly scheduled meetings.

4. As an individual Board Member, we will not make or appear to make a decision
that appropriately should be made by the entire Board.

5. We will support decisions of the majority after honoring the right of individual
members to express opposing viewpoints and to vote their convictions.

6. We will attend regularly scheduled Board meetings unless a situation occurs that
makes attendance impossible; cooperate in scheduling special meetings and/or work
sessions for planning and training purposes.

7. We understand the distinctions between Board and staff roles, and refrain from
performing management functions that are the responsibility of the Superintendent
and staff.

8. We understand the Superintendents role to make personnel recommendations and
changes in consultation with the Board.

9. We will participate in establishing annual expectations and goals for the
Superintendent and objectively evaluate the Superintendents performance and
provide appropriate feedback.

10. We will evaluate our own effectiveness annually in conjunction with the
Superintendents evaluation; we will review our own protocols annually with the
first review in September 2012.

11. We will communicate directly with the Superintendent whenever a staff member,
student, parent, or community member raises a question or concern.

12. We will contact the Board President and the Superintendent whenever contacted by
the media regarding an incident, event, or agenda item.

13. We will communicate directly with the Superintendent prior to Board meetings to
address questions and/or concerns about agenda items; honor the no surprises rule
with the Superintendent and fellow Board Members.

14. At regularly scheduled Board meetings, individual Board Members will provide
updates to fellow Board Members and the public regarding information gained from
committee assignments.

3
15. We will communicate one-on-one with the Superintendent when an individual
concern arises and do not allow a matter to remain unresolved.

16. We will cast a vote on all matters except when a conflict of interest arises.

17. We will participate in professional development and commit the time and energy
necessary to be prepared for Board meetings in order to be an informed and
effective member leader.

18. Board items will be placed on the Board agenda by the Superintendent in
consultation with the Board President and taking into account all items requested by
all Members of the Board of Trustees.


The Superintendent:

1. I will work toward creating a team with the Board dedicated to students.

2. I will respect and acknowledge the Boards role in setting policy and overseeing the
performance of the Superintendent.

3. I will work with the Board to establish a clear vision for the School District.

4. I will respect the distinction between Board and staff roles, and respect the role of
the Board as the representative of the community.

5. I will accept leadership responsibility, ownership and be accountable for
implementing the vision, goals, and policies of the District and the direction of the
Board.

6. I will provide data (i.e., success indicators, benchmarks, and milestones) to Board
Members to inform decisions and assess progress on annual goals.

7. I will make personnel recommendations and changes in consultation with the
Board.

8. I will communicate with Board Members promptly and effectively in periodic
reports.

9. I will inform the Board prior to critical information becoming public and apprise all
Board Members in a timely manner of any major incident or issue that they may be
called upon to answer or explain.

10. I will distribute information fully and equally to all Board Members.

11. I will distribute the board agenda in a timely fashion and with enough time for the
Board to study, and clarify information prior to scheduled meetings.

12. I will never bring a matter to a public meeting that is a surprise to a Board Member
or cabinet member.
4

13. I will respond to requests for additional information through a Board up-date,
special report, board agenda items, or as a board workshop.

14. I will present major decisions initially as a discussion item, and then place it on a
future board agenda for action.

15. I will treat all Board Members professionally.

16. I will communicate with individual Board Members to determine if concerns exist
prior to a possible problem developing, and respect the right to disagree with each
other.

17. I will respect and follow Boards direction.


BOARD AGENDA ITEM

Name of Contributor: Lisa Cline Date of Meeting: 11/13/13

STUDY SESSION _____
CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT _____
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION __X__
SECTION F: BOARD POLICIES _____

ANNUAL REPORT ON OXNARD SCHOOL DISTRICT CHILD NUTRITION
SERVICES PROGRAM (Cline/Picola)

The Administration will provide a presentation on the Child Nutrition Services Program
mission, program funding and cost, and accomplishments and goals

FISCAL IMPACT

None.

RECOMMENDATION

None information only.

ADDITIONAL MATERIAL

Attached: PowerPoint Presentation Child Nutrition Services Overview November
13, 2013 (15 pages)
DEPARTMENT MISSION STATEMENT
To provide each and every student the opportunity to
receive a nutritionally balanced breakfast and lunch
that is economical and accessible in order to enhance
the learning process.
2
HIGHLIGHTS OF OSDS 2012-13
CHILD NUTRITION PROGRAM
Validation Audit Review April 23, 2013. There were
no findings and the district received a rating of
outstanding.
Kitchen Equipment Analysis February 2013 to
evaluate functionality of kitchen equipment
districtwide. Approximately $77,000 in new kitchen
equipment was purchased and installed.
Kitchen coordinators trained and using the Escape
financial software to place food orders from the District
warehouse.
Salad bars installed at every school site.
Free breakfast offered to all students.
3
FINANCIAL SNAPSHOT OF CHILD
NUTRITION SERVICES (AS OF 2012/13 YEAR END)
TOTAL REVENUE $8,441,848
CLASSIFIED SALARIES $2,592,507
EMPLOYEE BENEFITS $915,761
FOOD & MATERIALS $4,336,088
SERVICES $789,456
INDIRECT CHARGES $383,618
TOTAL EXPENDITURES $9,132,366
NET INCREASE/DECREASE IN FUND BALANCE ($690,518)
BEGINNING BALANCE $741,487
ENDING BALANCE $50,969
4
HEALTHY, HUNGER-
FREE KIDS ACT, 2010
Lets Move! initiative
Transform school food
environments to:
promote better nutrition
reduce obesity
combat childhood hunger
3 major goals:
Balance calories with
physical activity
nutrient dense foods
sodium, fats, sugar,
refined grains
5
DEFINITIONS
Meal Component
Food groups
Protein, grains, fruit,
vegetable, dairy
Meal Item
1 serving of the meal
component (food group)
Examples:
1 slice of bread = 1 meal item
2 slices of bread = 2 meal
items
6
NATIONAL SCHOOL BREAKFAST PROGRAM
2012-13: Universal Breakfast
Meal Components
Grain (1 oz equivalent)
Half the grains are whole grains
Weekly grain maximums are
waived for FY 2013-14
Fruit/Juice/Vegetable (1/2 cup)
100% fruit juice (4 oz)
Milk (8 oz)
Fat-free (flavored or unflavored)
Low-fat (unflavored)
NOT REQUIRED: Meat/Meat
Alternate (Protein)
7
NATIONAL SCHOOL LUNCH PROGRAM
Meal Components
Meat/Meat Alternate (1 oz)
Weekly M/MA maximums are
waived for FY 2013-14
Grains (1 oz equivalent)
Half the grains are whole grains
Weekly grain maximums are waived
for FY 2013-14
Vegetable (3/4 cup daily)
Dark green (1/2 cup)
Red/orange (3/4 cup)
Beans/peas (1/2 cup)
Starchy (1/2 cup)
Other (1/2 cup)
Fruit (1/2 cup)
Milk (1 cup)
Fat-free (flavored or unflavored)
Low-fat (unflavored)
8
OSD RECEIVED 9 DONATED
SALAD BAR PACKAGES
FY 2012-13!
9
Brekke, December 2011
WHAT IS THE FFVP?
FY 2013-14
Award = ~$300,000
Goals:
Increase fruit and vegetable
consumption
Expose children to a variety
Influence healthy lifestyle
habits
Participating schools:
Chavez, Driffill, Elm,
Kamala, Lemonwood,
Ramona, Rose Avenue
10
FREE for all children!
FARM TO SCHOOL
Pilot: 5 school districts in
Ventura County
Awarded ~ $93,000
Our Efforts:
Salad bars
Harvest of the Month
Fresh Fruit and Vegetable
Program
School site nutrition clubs
Incorporated into menus, board
dinners, etc.
Driffill pilot: fruit platters at
ELAC meetings
Haydock pilot: HOTM recipes
Nutrition Education
Harrington and Food Share
Partnership
VC Public Health
Promethean Board Flip Chart
11
12
GOALS AND OBJECTIVES FOR 2013-2014
Measuring Benefits of Program Changes: Now that the new
Healthy Hunger Free Kids Act has been implemented in our district we
will empirically analyze how to improve it even more so by surveying
students for preferences, measuring meal participation, and observing
the students to see if they finish their meals.
Implementation of Wellness Actions: The topic of wellness includes,
among other areas, physical exercise and nutrition. We must look at
ways to merge both events into an ever improving cohesive unit.
Maintaining Cost: The cost of food is increasing and we will continue
to find ways to become more efficient. Use of commodities and strict
management of vendors will be maintained.
Building and Equipment Maintenance: Our kitchens are clean and
safe. The kitchen equipment analysis will be used to replace old and
obsolete stoves, ovens, and food warmers. Safety in all kitchens is always
a top priority.
13
SWOT ANALYSIS FOR 2013-14
Strengths
A well run program that offers nutritious meals that students enjoy
Excellent record on health inspections
Weaknesses
Old buildings and outdated kitchens
Six (6) kitchens are over 50 years old and are not included in the current
modernization plans: Curren 1954, Driffill 1946, Chavez 1951,
Mckinna 1954, Fremont 1961, and Kamala 1952.
Three (3) kitchens are over 40 years old and are not included in the current
modernization plans: Sierra Linda 1966, Rose Avenue 1966, Marina
West 1964.
Opportunities
Universal Free Breakfast for all students will benefit the district plan of
accessibility to meals
Students improved physical and mental well-being through healthy school
meals and nutrition education
Threats
Government reimbursement lags behind program costs
Cost of food is dramatically escalating
14
15
BOARD AGENDA ITEM

Name of Contributor: Lisa Cline Date of Meeting: 11/13/13

CLOSED SESSION _____
SECTION B: HEARINGS _____
SECTION C: CONSENT _____
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION __X__
SECTION F: BOARD POLICIES _____

TRANSPORTATION DEPARTMENT ANNUAL REPORT (Cline/Littlejohn)

The Administration will provide a presentation on Transportation Department safety,
program accomplishments and goals.

FISCAL IMPACT

None.

RECOMMENDATION

None information only.

ADDITIONAL MATERIAL

Attached: Transportation Department Annual Report November 13, 2013 Power
Point Presentation (7 pages)
Oxnard School District
Transportation Department
2013-2014
Annual Report
PRESENTED
BY
Michael Littlejohn
Transportation Manager
2012-2013
TRANSPORTATION INFO
6 DISTRICT ROUTES
28 CONTRACTED ROUTES
TRAVELED OVER 320,000 MILES
TRANSPORTED AN AVERAGE OF
1,800 STUDENTS A DAY
2013 2014
TRANSPORTATION INFO
7 DISTRICT ROUTES
34 CONTRACTED ROUTES
OVER 360,000 MILES
OVER 3,000 STUDENTS A DAY
WEVE SOME HURDLES TO OVERCOME
THE GREAT 2014/2015 RE-ROUTE
ACCIDENTS
2012/2013
DISTRICT
0
CONTRACTOR
1 PREVENTABLE
3 non preventable
2013/2014
ACCIDENTS
DISTRICT
0
CONTRACTOR
2 PREVENTABLE
1 NONPREVENTABLE
IN OUR FUTURE
UPDATING OUR TRAINING
STANDARDS
NEW MECHANIC
ROUTING SOFTWARE
THANK YOU


BOARD AGENDA ITEM

Name of Contributor: Lisa Cline Date of Meeting: 11/13/13

STUDY SESSION _____
CLOSED SESSION _____
SECTION A: PRELIMINARY _____
SECTION B: HEARINGS _____
SECTION C: CONSENT _____
SECTION D: ACTION _____
SECTION E: REPORTS/DISCUSSION __X__
SECTION F: BOARD POLICIES 1
ST
Reading _____ 2
nd
Reading _____

Report on Local Control Funding Formula and Local Control Accountability Plan
Timelines (Cline)

The administration will provide a report regarding the Local Control Funding Formula (LCFF)
and Local Control Accountability Plan (LCAP) Timelines.

FISCAL IMPACT

None.

RECOMMENDATION

None Information Only

ADDITIONAL MATERIAL

Attached: PowerPoint Presentation Local Control Funding Formula (LCFF) and Local
Control Accountability Plan Timelines (LCAP) November 13, 2013 (8 pages)


Presented by:
Li sa Cl i ne,
Assi stant Superi ntendent,
Busi ness & Fi scal Ser vi ces
November 13, 2013
LOCAL CONTROL FUNDING
FORMULA (LCFF) AND
LOCAL CONTROL
ACCOUNTABILITY PLAN
(LCAP) TIMELINES
Replaces revenue limits and most state categorical
programs
A major restructuring of school finance
Based on considerations of:
Equity, additional resources for students with greater
needs (low-income students, English learners and
students in foster care).
Local decision making with stakeholder involvement.
Accountability.
Transparency.
Alignment of budgets with an accountability plan.
2
LOCAL CONTROL FUNDING
FORMULA (LCFF)
Districts must adopt a three-year LCAP, first one
to be adopted by June 30, 2014.
Plans must be aligned to the district budget and
describe:
Annual goals for all pupils and each subgroup to be achieved for each
of the state priorities identified in statute and any additional local
priorities identified by the local governing board
Specific actions the District will take during each year to achieve
those goals
Districts will have to conduct annual reviews of
progress and make updates as necessary
3
LCFF AND LOCAL CONTROL &
ACCOUNTABILITY PLANS (LCAPS)
State Pri ori ti es:
Degree to which teachers are fully credentialed & appropriately
assigned, students have sufficient instructional materials and
facilities are in good repair (Williams priorities).
Implementation of content standards (CCSS), including ELD.
Parental involvement, including efforts to seek input & participation.
Student achievement measured by: state assessments, API, A-G &
CTE, EL Proficiency and reclassification.
Student engagement: attendance, absenteeism, dropout and
graduation rates.
School climate: suspension/expulsion rates and other local
measures.
Student access to broad course of study as described in Ed Code.
Pupil outcomes in subject areas specified for grades 1-6 and 7-12.
4
LCAP STATE PRIORITIES
Januar y 2014
State agencies will update standards for adoption of local
budgets
State Board adopts regulations on expenditures of
supplemental and concentration funds
Changes recommended to revise Academic Performance Index
March 2014
State Board adopts templates for Local Control and
Accountability Plans (LCAPs)
June 2014
Districts have established local policies to implement
Districts adopt LCAP aligned with budget
October 2015
State Board adopts rubrics for evaluation and technical
assistance
5
STATE KEY DATES
October December 2013
Analyze current budget and categorize
expenditures by District goal and state
priorities list.
Analyze and finalize Calpads
enrollment numbers (to be certified in
January 2014).
6
DISTRICT LCAP TIMELINES
January March 2014
Work with Budget Advisory
Committee to develop 2014-15 budget.
April 2014
Present preliminary LCAP plan and
budget to the PAC, DELAC, DLT, and
community and solicit input.
7
DISTRICT LCAP TIMELINES
May 2014
Review input on LCAP and budget with
BAC and finalize budget and LCAP plans.
June 2014
June 4 Present LCAP and budget to
Board at a study session and public
hearing.
June 18 Board to adopt final LCAP and
budget.
8
DISTRICT LCAP TIMELINES
BOARD AGENDA ITEM


Name of Contributor(s): Jorge Gutierrez Date of Meeting: November 13, 2013


Study Session _____
Closed Session _____
A. Preliminary _____
B. Hearing _____
C. Consent Agenda _____
D. Action Items ____
E. Reports/Discussion Items(no action) __X__
F. Board Policies 1
st
Reading _____ 2
nd
Reading _____

TITLE: Driffill School P2P Project Presentation

The Executive Director of Facilities Planning, Engineering & Operations and Mr. Tom
Brown of EUR Consulting will present to the Board of Trustees an update on the
construction of the Driffill School P2P project.



FISCAL IMPACT:

None.


RECOMMENDATION:

It is the recommendation of the Executive Director of Facilities that the Board of Trustees
accept the Report as presented.


ADDITIONAL MATERIAL(S):

Power Point Presentation

GOALS:

Provide quality School Facilities to meet the Needs of the Students and Staff





10/31/2013
1
Presented to:
Oxnard School District Board of Trustees
Ana Del Rio-Barba President
Al Duff Sr. - Clerk
Denis OLeary
Ernie Morrison
Veronica Robles-Solis
10/31/2013
2
10/31/2013
3
10/31/2013
4
10/31/2013
5
10/31/2013
6
10/31/2013
7
10/31/2013
8
10/31/2013
9
10/31/2013
10

Mission: We guarantee that each student is academically
competitive and inspired to perseverant hope.

OXNARD SCHOOL DISTRICT
1051 South A Street Oxnard, California 93030 805/385-1501

SCHEDULE OF BOARD MEETINGS
JANUARY DECEMBER 2013


(UNLESS OTHERWISE INDICATED, ALL MEETINGS ARE HELD ON THE FIRST AND THIRD WEDNESDAY OF EACH MONTH
IN THE BOARD ROOM AT THE DISTRICT OFFICE, 1051 SOUTH A STREET, STARTING AT 7:00 PM)

J anuary 16 Regular Board Meeting (Note: only ONE meeting in J anuary)
February 6 Regular Board Meeting
20 Regular Board Meeting
March 6 Regular Board Meeting
20 Regular Board Meeting
April 17 Regular Board Meeting (Note: only ONE meeting in April)
May 1 Regular Board Meeting
15 Regular Board Meeting
J une 5 Regular Board Meeting
26 Regular Board Meeting
J uly 17 Regular Board Meeting (Note: only ONE meeting in J uly)
August 21 Regular Board Meeting (Note: only ONE meeting in August)
September 4 Regular Board Meeting
18 Regular Board Meeting
October 2 Regular Board Meeting
16 Regular Board Meeting
November 13 Regular Board Meeting (Note: only ONE meeting in November)
December 11 Regular Board Meeting Organizational Meeting of the Board
(Note: only ONE meeting in December)
The meeting schedule shown above is subject to change at any time.
NOTE: Changes are indicated in italics/bold.



Board Approved: 12-13-12

INFORMATION CONCERNING BOARD POLICY AND PROCEDURES
FOR COMMUNICATIONS WITH THE BOARD


We, the members of the Board of Trustees, welcome visitors
at our meetings and appreciate constructive suggestions and
comments concerning the programs and services of the Oxnard
School District.
The Board has a scheduled order of business to follow. The
agenda, which is usually lengthy, has been studied by the
members of the Board.
In arriving at decisions, Board members are guided by a desire
to provide an educational program that will meet the needs of all
children and youth of the District, and a desire to provide for
effective operational and personnel functions which support the
educational program.
Board members are elected at large, and each member
represents all of the people in the community. All actions of the
Board are taken in open meeting, and it is the desire of the
Board to avoid making decisions that will be detrimental to the
best interests of the District, even when such decisions might
please individuals or a small group.
Members of the Board of Trustees are locally elected state
officials and serve for four-year terms of office. They are
responsible for conducting the school system in accordance with
requirements of:
TheConstitution of the State of California.
The Education Code and Government Code, which consist
of laws adopted by the California State Legislature.
The Administrative Code, Title 5, Education, which con-
sists of rules adopted by the State Board of Education.
Rules and Regulations adopted by the Board of Trustees of
this school district.
School Boards and individual Board members follow a
code of ethics which has been adopted by the California School
Board Association.
Board Meetings are video-taped and televised.

PROCEDUES FOR COMMUNICATING
WITH THE BOARD
Communication with the Board of Trustees as a unit may
be either in writing, by personal appearance at a meeting of the
Board or by verbal communications through the District
Superintendent.
A. Written Communication. Written communication ad-
dressed to the Board of Trustees should reach the office of the
District Superintendent not later than the Monday prior to the
meeting at which the matter concerned is to be discussed, in
order that the subject of the communication may be placed on
the agenda. When a holiday observed by the District falls on a
Monday, the deadline shall be the Friday immediately
preceding.
B. Oral Presentation by Members of the Public to the
Board and Requests by the Public to Place a Matter Directly
Related to District Business on a Board Agenda. When an in-
dividual or group expects to communicate with the Board of
Trustees by means of personal appearance at a meeting of the
Board or requests that a matter relating to district business be
added to the Boards agenda, the District Superintendent should
be notified no later than the Wednesday before the Board
meeting at which the matter concerned is to be discussed by the
Board and those submitting the request. When a holiday
observed by the District falls on a Wednesday, the deadline shall
be the Tuesday immediately preceding.
1. When this procedure is followed, at the time of the meeting,


the secretary to the Board shall secure the names of those
wishing to be heard.
2. When an individual or group makes a personal ap-
pearance at a Board meeting without previously having
arranged for the matter to be placed on the agenda, the
secretary shall be notified before the Board convenes.
Discussion may be limited at the discretion of the chairman.
3. It is desirable that when a statement presented to the
Board is extensive or is formally requesting consideration of
specific items, the statement should be written and a copy
filed with the Board of Trustees.
4. The Board may receive comments or testimony at
regularly scheduled meetings on matters not on the agenda
Which any member of the public may wish to bring before the
Board, provided that no action is taken by the Board on such
matters at the same meeting at which such testimony is taken.
5. In the event that any meeting is willfully interrupted by a
group or groups of persons so as to render the orderly conduct
of such meeting unfeasible and order cannot be restored by
the removal of individuals who are wilfully interrupting the
meeting, the members of the Board of Trustees conducting the
meeting may order the meeting room cleared and continue in
session. Only matters appearing on the agenda may be
considered in such a session. Duly accredited representatives
of the press or other news media, except those participating in
the disturbance, shall be allowed to attend any session held
pursuant to this section.
6. Personal Appearance by Members of the Public. The
rules for oral presentations by the public which are not
published in an agenda are:
a. Individual presentations are limited to three minutes at a
time.
b. Each person speaking to the Board must give his name
and city.
c. All remarks will be directed to the chairman.
d. The chairman is in charge of the meeting and will
maintain order, set time limits for a total discussion, and will
have the prerogative to set time limits for a total discussion,
and will have the prerogative to set time limits for individual
presentations.
7. Agenda Items Requested by the Public. The Board
may discuss and take action on any agenda item properly
submitted by a member of the public and published in an
agenda. The chairman reserves the right to limit discussion
and/or defer further deliberation on an agenda topic to a
decision or appropriate action.
C. Referral for Further Study. Matters involving legal
procedure will be referred to the Superintendent for study or
further referral.
D. Procedures for Complaints from Non-Employees to
the Board of Trustees. The Boards policy (Complaints
Concerning School Personnel, 5045 BP) and the related forms
for filling a complaint are available from the Superintendents
Office. It is recommended that a charge or complaint be
directed to the person, school, or department most
immediately involved with the problem. All efforts shall be
made to reach a satisfactory conclusion on this level.
However, anyone may present to the Board of Trustees a
charge or complaint against an identifiable employee or
against a specific school or office in a public Board meeting
where the basis for the charge or complaint arises out of the
personal actions or omission of an identifiable employee.


The presentation of such charge or complaint shall be subject to
the following procedures:
1. Any such charge or complaint shall be made in writing and
shall be affirmed by the person or persons submitting it. The
secretary to the Board will advise, if requested, as to the
methods of affirming the truth of the charge or complaint.
2. No such charge or complaint may be orally presented in a
meeting of the Board of Trustees or of any of its special
committees except as in No. 3 below.
3. The signed, written statement of the charge or complaint
shall be submitted to the secretary to the Board of Trustees, or to
an appropriate committee as determined by the Board of
Trustees in a closed session. The Board of Trustees, if it deems
advisable, may allow the person affirming the truth of the
statement to appear before the Board of Trustees, or its
appropriate committee, in a closed session and to present orally
the charge or complaint.
4. The Board of Trustees, or its appropriate committee, will
review and, if necessary, investigate the charge or complaint,
and will respond in writing to the person who has submitted the
written statement.
5. In the event this procedure is not known or followed, the
president of the Board of Trustees shall terminate the right of the
speaker at the point the charge or use of the staff members
name is brought into the speakers presentation in a public
Board meeting, or at the first indication that the speaker intends
to speak against a staff member in such a meeting. The speaker
shall immediately be told the reason for terminating his right to
speak, and shall be informed of the proper steps to follow in
registering his complaint.


Authority:
California Education Code

35145 Public Meetings
35145.5Agendas; Public Participation; Regulations
35146 Closed Session

California Government Code
3543.2 Scope of Representation
3549.1 Proceedings Exempt from Public Meeting
Provisions
11125.1 -Availability of Agendas, Documents Prior to
Meeting; Closed Session Report of Action
With Public Employee
11126 Closed Session; Disciplinary Action; Notice
of Public Hearing, Exclusion of Witnesses
11126.3 Reasons for Closed Sessions
11128 Time of Closed Session
54957 Closed Session; Employee Defined:
Exclusion of Witnesses
54957.1 Subsequent Public Report and Roll Call
Vote, Employee Matters in Closed Session
54957.2 Closed Sessions; Clerk; Minute Book
54957.6 Closed Session; Representative with
Employee Organization
54957.7 Reason for Closed Session

Oxnard School District
Board Bylaws Adopted: October 25, 1978
Revised April 22, 1981; April 30, 1984


6. In the event that an individual registers a charge or
complaint with a member of the Board of Trustees in person
or by telephone, that Board member should refer the matter to
the Superintendent for investigation. When anyone registers
a charge or complaint with the Superintendent, he shall
investigate that charge or complaint, and then shall report his
findings to the complainant and/or Board member.
The Board of Trustees desires to support its staff against
any or all charges, be they direct or indirect, made in public
meeting of the Board before preliminary investigations have
been made. According to the Ralph M. Brown Act, Govern-
ment Code 54950-54960, it is stated that Nothing contained
in this chapter shall be construed to prevent the legislative
body of a local agency from holding closed sessions during a
regular or special meeting to consider the appointment,
Employment, or dismissal of a public officer or employee or
to hear complaints or charges brought against such officer or
employee by another public officer, person or employee
unless such officer or employee requests a public hearing.
The legislative body also may exclude from any such public
or private meeting, during the examination of a witness, any
or all other witnesses, in the matter being investigated by the
legislative body
The Board of Trustees realizes its function as a public
agency and this policy and/or implementing rules are in no
way intended to restrict the right of the public to be heard.
This policy and its rules have been adopted to guarantee an
orderly process wherein all parties are dealt with fairly and in
accordance with due process.

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