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 Superintendent’s 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 O’Leary, 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 District’s Vision and Mission Statements
The District’s 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 Hernández
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 ___, O’Leary ___, 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 Board’s 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 District’s presentation
on the matter. Board deliberation and action, if any, will follow the District’s 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 Públicos/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 público pueden dirigirse a la Mesa Directiva sobre cualquier asunto dentro
de la jurisdicción de la Mesa Directiva y cada uno limitar sus comentarios a tres (3) minutos.
El tiempo total de cada asunto será de quince (15) minutos, a menos que, un miembro de la
Mesa Directiva determine extender el tiempo y que éste sea aprobado por la Mesa Directiva.
La Mesa Directiva no podrá deliberar o tomar alguna acción sobre los asuntos que no
aparezcan en la agenda. El presidente dirige la junta y mantendrá el orden, establece el
tiempo límite para los presentadores, el tema del asunto y tendrá la facultad de retirar a
cualquier persona que cause un desorden en la sesión de la junta. Esta junta está siendo
grabada y televisada.

Las personas que quieran dirigirse a la Mesa Directiva durante la consideración de un asunto
de la agenda serán llamadas para dirigirse a la Mesa Directiva antes de cualquier presentación
o consideración de un asunto por la Mesa Directiva. Al concluir el período de los
comentarios públicos sobre un asunto, la Mesa Directiva escuchará la presentación del
Distrito con respecto al tema. La deliberación y la resolución determinada por la Mesa
Directiva, si se presenta alguna, procederá después de la presentación del Distrito. Una vez
que los comentarios públicos hayan sido presentados, la Mesa Directiva únicamente aceptará
los comentarios por parte del público a discreción 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 continuación leeremos los nombres de las personas quienes han entregado las Formas de
Petición 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 District’s 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 Board’s information are the district’s 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 Board’s information is the district’s 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 children’s
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 ___, O’Leary ___, 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 Superintendent’s 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
Oxnard, California
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 O’Leary, 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
District’s Mission & Vision in English; and Jisell Camarena, 5th grade student in
Mrs. Sims’ class read the District’s Mission & Vision in Spanish.
DISTRICT’S
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 O’Connell, Brenda Taft, Chalsey Mitwitt with School
Innovations & Achievement (SIA) and Marikaye Phipps, Director of Pupil
Services. Mr. O’Connell 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 child’s/children’s attendance. Following questions the
Board thanked the panel for the report.


Oxnard School District 06-05-13
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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


Oxnard School District 06-05-13
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212
President Del Rio-Barba reported the Board took the following action in
closed session:

 On motion by Trustee O’Leary, seconded by Trustee Duff and carried
unanimously, the Board of Trustees rejected Government Code Claim #2013-
05-07.
 On motion by Trustee O’Leary, seconded by Trustee Morrison and carried
unanimously; on Case No. 12-15 the Board of Trustees accepted
administration’s recommendation on stipulated suspended expulsion of
student.
 On motion by Trustee O’Leary, seconded by Trustee Duff and carried
unanimously; on Case No. 12-16 the Board of Trustees accepted
administration’s 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 O’Leary, 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 O’Leary 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 district’s 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
Oxnard, California
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 III’s-$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
O’Brien, 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

Oxnard School District 06-05-13
Oxnard, California
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 O’Leary 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 Kiwitt’s General
Building.


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

D.3 On motion by Trustee O’Leary, 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 O’Leary, 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 Kiwitt’s General Building; no cost change order.


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

Oxnard School District 06-05-13
Oxnard, California
221
D.6 On motion by Trustee O’Leary, seconded by Trustee Duff and carried
unanimously; the Board of Trustees approved the Notice of Completion and filing
of such notice with the County Recorder’s Office for Bid #12-INF-02, Kitchen
Hood Replacement/Upgrade Project with Kiwitt’s 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 O’Leary and
carried unanimously; the Board of Trustees approved Agreement #12-229 with
OneInterface Engineering LLC for the purposes of evaluating the District’s
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 O’Leary 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 O’Leary, 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 O’Leary 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 O’Leary, 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 OSD’S
MEASURE “R”
FACILITIES
IMPLEMENTATION
PROGRAM


(Motion #12-161)

E.1 Ms. Lisa Cline, Assistant Superintendent, Business & Fiscal Services,
provided a report on the Governor’s 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 district’s 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
Cathy’s office to make your reservation. The district will have a panel and if a
Board Member would like to join please call Mr. Chancer.
SUPERINTENDENT’S
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. Oy’s
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
Haydock’s 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 O’Leary:
 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 O’Leary 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 O’Leary, 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 O’Leary 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 O’Leary 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 O’Leary, 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 O’Leary led the audience in the Pledge of Allegiance. PLEDGE OF
ALLEGIANCE

Present were Trustees Albert Duff Sr., Denis O’Leary, Ernest Morrison,
Veronica Robles-Solis and President Ana Del Rio-Barba. Also present was Ms.
Nitasha Sawhney, district’s 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 Hernández 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 O’Leary 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 children’s 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 children’s 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 state’s 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
ó












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
District’s 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 children’s 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 Provider’s 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 Student’s parent(s) or
guardian(s), the Student’s 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
Student’s parent(s) or guardian(s) will be instructed to return Consent Forms in a manner that protects the
confidentiality of the Student’s 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 Provider’s Services to and from their classroom and
the Dental Team’s School location.

• To work directly with Provider’s 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 Provider’s 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 Student’s 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 worker’s compensation insurance for its employees, if any. All of the insurance
policies described in this Section will be maintained at Provider’s 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 attorney’s 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 attorney’s 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 project’s 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 $3,000,000 aggregate
GL: Certificate Holder is Additional Insured as respects to Operations of the Named Insured per attached
Form # NIAC-E25 (01/98) which applies only as required by written contract during the policy term.
N Raunsbak, CISR/NIKK
Oxnard School District
1501 South A Street
Oxnard, CA 93030
7{APR256775
RENF\^IAL OF NUMBER
71 APR 271138
ITEM ONE NAMED INSURED & ADDRESS
SANTA BARBARA, VENTURA COUNTY'S
DENTAL CARE FOUNDATION
1607 E. THOMPSON BLVD.
VENTURI\ CA 93001
COLUMBIA INSURANCE COMPANY
OMAHA, NEBRASKA
BUSINESS AUTO COVERAGE DECLARATIONS
OilOgm1z12:01 AM TO 0tr09rzIt3
El The Declarations
indude a second
Part
designated'Part 2'.
GACode: N04052
12:0t A.M. Standard Time at the Named
lnuJred's Address stated above.
FORM OF NAMED INSURED'S BUSINESS: corporatlon
NAMED INSURED'S BUSINESS: MOBILE DENNST OFFICE & LAB
POLICYPERIOD: Policy covels FROM
ITEM N,t'O
_
SCHEDULE OF COVERAGES AI{D COVERED AUTOS
This poliry provides only those coverages where a charge is shovn in he premium mlumn below Each of these coverages will apply only to hose
'autos" shown as covered lautos". 'Autos' are sho*n as covered lautos" ftr a particular coverage by he entry of one or more ofthe symbols from the
COVERED AUTO Sedion ofthe Business Auto Coverage Form next to he name ofthe coverage.
PACI FIC CTATEWAY INSU RANCE AGENCY
Countersigned At
VALENCIA, CA
AUTHORIZED REPRESENTATIVE
ln Ulritn!ss whef,ed, we have caused this poliry to be executed and
By
ffitffi
President
COVERAGES
COVERED AUTOS
(Entry ot one ot me of b!
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AUTos
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dlhe
Budne$Ado cove!ge
Fqm$Mwhch adosare
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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
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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
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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
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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)
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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 Consultant’s 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
Consultant’s 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, Consultant’s work shall be deemed to
have been accepted. District’s 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 Consultant’s 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 Consultant’s default shall not be deemed to result in a waiver of the District’s 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, Consultant’s guarantees and warrants related to Standard of Performance under this
Agreement shall not extend to such use of the Documents.
10. Consultant’s Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultant’s 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 Consultant’s 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 Consultant’s exclusive direction and control. Consultant, its agents or employees shall not at
any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or
agents are in any manner officials, officers, employees or agents of District. Neither Consultant, nor
any of Consultant’s 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 District’s employees. Consultant will be responsible for payment of all Consultant’s
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 Consultant’s 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 Consultant’s 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 Consultant’s 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 Consultant’s 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 Consultant’s 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 attorney’s 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 District’s 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 O’Brien
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 Best’s 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 Consultant’s 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 Consultant’s insurance.

(3) Consultant’s insurance shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability.

(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
Consultant’s 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 District’s 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
SCOPE OF SERVICES 
OXNARD SCHOOL DISTRICT & SANDY POINT INK, LLC 
This  Memorandum  of  Understanding  (MOU)  Addendum  is  hereby  entered  between  the 
following two parties: 
Lead Agency:  Oxnard School District 
Contact Person/Title:  Dr. Cesar Morales, Superintendent 
Phone:  (805) 385‐1501 (Ext. 2032) 
Email:  drcmorales@oxnardsd.org 
Address:  1051 South A Street 
Oxnard CA 93030 
Contractor:  Sandy Point Ink, LLC 
Contact Person/Title:  Jonathan O’Brien 
Phone:  Office:  805‐291‐2905/Jon’s cell: 805‐701‐9023 
Email:  jobrien@sandypointink.com  
Address:  3990 Sirius Ave. 
Lompoc, CA 93436 
EIN:  26‐2041231 
 
The terms and conditions of this consulting agreement between OXNARD SCHOOL DISTRICT 
(OSD) and SANDY POINT INK, LLC, hereinafter called "Contractor,” are as follows: 
Date:  November 4, 2013 
Contractor 
Responsibilities: 
Lead  evaluation  efforts  for  the  Oxnard  School  District  da  Vinci  Magnet 
Academies project. 
The  Contractor  will  be  responsible  to  Dr.  Cesar  Morales,  Superintendent  in 
carrying out the responsibilities of Project Evaluator.  The Contractor will also 
work  with  OSD  staff,  volunteers  and  consultants  on  an  as  needed  basis  to 
complete the work order.   
Specific duties: 
As  described  in  Office  of  Innovation  and  Improvement:  Magnet  Schools 
Assistance  Program  CFDA  84.165A  grant  proposal  submitted  by  OSD  in 
March 1, 2013 
Start/End Date: 
Contractor's  work  will  begin  upon  contractor  being  notified  of  contract 
approval and run through 09/30/2016. 
Compensation: 
2013‐14:  $50,000 
2014‐2015: $50,000 
2015‐16:  $75,000 
Terms: 
Each  year,  initial  payment  of  25%  of  yearly  contract  followed  by  equal 
monthly payments of the remaining annual balance through the end of the 
fiscal year. 



2
$12,500 – December 1, 2013 
$6,250 – January 1, 2014 
$6,250 – February 1, 2014 
$6,250 – March, 2014 
$6,250 – April 1, 2014 
$6,250 – May 1, 2014 
$6,250 – June 1, 2014 
$50,000 – 2013‐14 Total 
 
$12,500 ‐ July 1, 2014 
$3,409 ‐ August 1, 2014 
$3,409 ‐ September 1, 2014 
$3,409 ‐ October 1, 2014 
$3,409 ‐ November 1, 2014 
$3,409 ‐ December 1, 2014 
$3,409 ‐ January 1, 2015 
$3,409 ‐ February 1, 2015 
$3,409 ‐ March 1, 2015 
$3,409 ‐ April 1, 2015 
$3,409 ‐ May 1, 2015 
$3,410 ‐ June 1, 2015 
$50,000 – 2014‐15 Total 
 
$18,750 ‐ July 1, 2015 
$5,113 ‐ August 1, 2015 
$5,113 ‐ September 1, 2015 
$5,113 ‐ October 1, 2015 
$5,113 ‐ November 1, 2015 
$5,113 ‐ December 1, 2015 
$5,113 ‐ January 1, 2016 
$5,113 ‐ February 1, 2016 
$5,113 ‐ March 1, 2016 
$5,113 ‐ April 1, 2016 
$5,113 ‐ May 1, 2016 
$5,120 ‐ June 1, 2016 
$75,000 – 2015‐16 Total 
 
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 
submitted upon contract approval (estimated to be 11/13/2013) with payment 
due on December 1, 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, an additional fee for additional services charged at a rate of $75/per 
hour.   
Should  this  MOU  require  modification,  such  changes  shall  be  added  by 
mutual agreement by both parties shown below.  
Program Design/  
Grant writing: 
The services described herein do not include contractor program design and 
grant writing services.  As agreed upon by OSD and the contractor, Program 
Design/grant writing services will be performed by the contractor at a rate of 
$75 per hour. 
Contractor grants OSD right of first refusal for contractor's services to design 
and write any education‐related grant proposal.   
For  example,  if  a  school  district  or  for‐profit/non‐profit  agency  other  than 
OSD  requests  the  contractor's  program  design/grant  writing  services  on  an 
education‐related  grant  proposal,  the  OSD  will  have  first  right  to  hire  the 
contractor for that specific grant proposal.  If the OSD should choose to NOT 
hire  the  contractor  for  that  specific  education‐related  grant  proposal,  then 
the contractor may opt to work for the other entity. 



3
Conflict of 
Interest: 
By  entering  into  this  agreement,  contractor  agrees  t0  reserve  an  average  of 
16‐20 hours/week exclusively for working with the OSD and will not enter into 
an  agreement  with  another  contractor  that  may  compromise  his  availability 
to the OSD. 
During  the  period  of  this  proposed  agreement,  contractor  will  not 
assist/contract  out  to  any  other  school  district,  profit/nonprofit  agency  or 
individual that has a similar area of focus as the OSD and its related activities 
– without the permission of OSD. 
Confidentiality: 
Contractor agrees to all existing confidentiality policies of the OSD. 
Contractor shall not, during the time of rendering  services to the OSD under 
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 
received from a third party. 
Intellectual 
Property Rights: 
All concepts and content created by contractor under the auspices of project 
evaluation,  including,  without  limitation,  images,  videos  and  text,  including 
any  intellectual  property,  such  as  copyrights  or  trademarks  will  be  owned 
solely and legally by the OSD. 
Cancellation of 
Terms: 
Either party may cancel this contract by issuing a Notice of Termination (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 
entitled to retain that entire month's compensation.  
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  four‐month  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 
affordable housing and other types of programs for low‐income seniors. 
Subject to 
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/cancellation at the end of each year.  
 
 
   


4
Agreed to by: 
 
Lisa  A.  Franz,  Director, 
Purchasing 
   
Name of Lead Agency  
Authorized Signatory 
Signature of Lead Agency  
Authorized Signatory 
Date 
 
 
 
               Jonathan O'Brien    11/04/2013 
Name of Contractor  
Authorized Signatory 
Signature of Contractor 
 Authorized Signatory 
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 Consultant’s 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
Consultant’s 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, Consultant’s work shall be deemed to
have been accepted. District’s 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 Consultant’s 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 Consultant’s default shall not be deemed to result in a waiver of the District’s 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, Consultant’s guarantees and warrants related to Standard of Performance under this
Agreement shall not extend to such use of the Documents.
10. Consultant’s Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultant’s 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 Consultant’s 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 Consultant’s exclusive direction and control. Consultant, its agents or employees shall not at
any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or
agents are in any manner officials, officers, employees or agents of District. Neither Consultant, nor
any of Consultant’s 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 District’s employees. Consultant will be responsible for payment of all Consultant’s
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 Consultant’s 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 Consultant’s 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 Consultant’s 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 Consultant’s 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 Consultant’s 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 District’s 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 Best’s 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 Consultant’s 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 Consultant’s insurance.

(3) Consultant’s insurance shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability.

(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
Consultant’s 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 District’s Conflict
of Interest Code (commencing with Bylaws of the Board 9270 BB).

Consultant’s 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
school’s 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
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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.



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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 District’s
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.

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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 District’s 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
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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. ATTORNEY’S 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 attorney’s 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 party’s willful or negligent acts or
omissions, and to the extent that they are beyond the party’s reasonable control.


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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 LACOE’s 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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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 LACOE–leased buildings, both parties hereby agree to
comply with the Los Angeles County Board of Education’s 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 Education’s 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.

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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
Controller’s 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 Board’s 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 District’s 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 District’s 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 District’s 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 Board’s 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 District’s practice of treating each employee group similarly, the
following compensation increase to Unrepresented, Confidential and Management employee groups
is presented for the Board’s 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 Board’s 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 O’Leary, 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 Board’s 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 Board’s 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 District’s 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-à-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 District’s 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
candidate’s 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 District’s ASES grant, implement the
district’s Supplemental Education Program, and assist in supervising the District’s 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 District’s 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 District’s 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 Master’s 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 District’s 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 candidate’s 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 (RTI²),
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 District’s 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 District’s 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 District’s 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 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. 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 candidate’s 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 District’s 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
Superintendent’s 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 District’s 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 District’s 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 II’s-$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 District’s Measure “R” Facilities Program is well underway. Eight modernization
projects for science labs and kindergarten classrooms are pending DSA approval. The
District’s 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 District’s
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 (firm’s history with litigation involving school districts)
2. Standard Hourly Rate (typical fees and rates from firm’s master fee schedule)
3. Ability to Meet Deliverable Timelines (firm’s ability to comply with required
timelines for final deliverables stated in RFQ)
4. Rapid Response Capabilities (firm’s 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
District’s 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 Consultant’s 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 Consultant’s 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 Consultant’s 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 District’s 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 District’s 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, Consultant’s 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
District’s 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 Consultant’s
default shall not be deemed to result in a waiver of District’s legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to District’s termination rights set forth above, District shall have (i) the right to cure
Consultant’s Default at Consultant’s 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, Consultant’s guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
18. Consultant’s Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultant’s 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 Consultant’s 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,
worker’s compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultant’s 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 Consultant’s exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultant’s
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 Consultant’s 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 District’s pupils. Consultant must complete District’s certification form,
attached herein as Exhibit E, prior to any of Consultant’s employees coming into contact with any of
District’s 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 Consultant’s
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by District’s 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 Consultant’s 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 Consultant’s 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.
Consultant’s 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 District’s 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
District’s 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 District’s 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 Consultant’s
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:

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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: District’s 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 Consultant’s 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 #13-122
COMPENSATION & RATE/FEE SCHEDULE

I. The following rates of pay shall apply in the performance of the Services under this Agreement and the
WAL:


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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 Consultant’s office to District’s 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 Consultant’s
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 Best’s 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 Consultant’s 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 Consultant’s insurance.

(3) Consultant’s insurance shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability.

(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
Consultant’s 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 District’s 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 District’s students during the performance
of the Contract in compliance with Education Code §§ 45125.1 and 45125.2. To assure these provisions,
the successful Bidder’s 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 District’s 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
Contractor’s 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 Contractor’s 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 Contractor’s 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 Contractor’s 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.

Contractor’s 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 Geotechnical’s 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 RFI’s generated related to the Consultant’s 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 Inspector’s 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 #13-122

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)
Not Project Related
Project #13-122

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 #13-122

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 #13-122

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 District’s 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
District’s 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 Consultant’s 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 Consultant’s 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 Consultant’s 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 District’s 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 District’s 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, Consultant’s 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
District’s 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 Consultant’s
default shall not be deemed to result in a waiver of District’s legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to District’s termination rights set forth above, District shall have (i) the right to cure
Consultant’s Default at Consultant’s 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, Consultant’s guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
18. Consultant’s Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultant’s 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 Consultant’s 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,
worker’s compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultant’s 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 Consultant’s exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultant’s
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 Consultant’s 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 District’s pupils. Consultant must complete District’s certification form,
attached herein as Exhibit E, prior to any of Consultant’s employees coming into contact with any of
District’s 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 Consultant’s
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by District’s 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 Consultant’s 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 Consultant’s 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.
Consultant’s 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 District’s 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
District’s 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 District’s 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 Consultant’s
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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Project #13-123


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: District’s 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 Consultant’s 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 Consultant’s office to District’s 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 Consultant’s
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 #13-123

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 Best’s 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 Consultant’s 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 Consultant’s insurance.

(3) Consultant’s insurance shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability.

(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
Consultant’s 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 District’s 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 #13-123

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 District’s students during the performance
of the Contract in compliance with Education Code §§ 45125.1 and 45125.2. To assure these provisions,
the successful Bidder’s 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 District’s 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
Contractor’s 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 Contractor’s 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 Contractor’s 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 Contractor’s 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.

Contractor’s 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 Geotechnical’s 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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Project #13-123

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 RFI’s generated related to the Consultant’s 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.
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 Inspector’s 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
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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.
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
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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 #13-123

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 District’s 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
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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
District’s 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 Consultant’s 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 Consultant’s 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 Consultant’s 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 District’s 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 District’s 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, Consultant’s 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
District’s 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 Consultant’s
default shall not be deemed to result in a waiver of District’s legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to District’s termination rights set forth above, District shall have (i) the right to cure
Consultant’s Default at Consultant’s 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, Consultant’s guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
18. Consultant’s Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultant’s 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 Consultant’s 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,
worker’s compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultant’s 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 Consultant’s exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultant’s
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 Consultant’s 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 District’s pupils. Consultant must complete District’s certification form,
attached herein as Exhibit E, prior to any of Consultant’s employees coming into contact with any of
District’s 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 Consultant’s
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by District’s 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 Consultant’s 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 Consultant’s 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.
Consultant’s 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 District’s 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
District’s 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 District’s 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 Consultant’s
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: District’s 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 Consultant’s invoice for
final payment.

1.7. WAL Form: See next page for sample Work Authorization Letter.
Not Project Related
Project #13-124


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:
Not Project Related
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 Consultant’s office to District’s 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 Consultant’s
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 #13-124


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 Best’s 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 Consultant’s 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 Consultant’s insurance.

(3) Consultant’s insurance shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability.

(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
Consultant’s 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 #13-124
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 District’s 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 #13-124

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 District’s students during the performance
of the Contract in compliance with Education Code §§ 45125.1 and 45125.2. To assure these provisions,
the successful Bidder’s 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 District’s 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
Contractor’s 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 Contractor’s 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 Contractor’s 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 Contractor’s 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.

Contractor’s 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 #13-124

SCOPE OF SERVICES (PART 1 OF 2) – GEOTECHNICAL ENGINEERING

The Geotechnical’s 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 RFI’s generated related to the Consultant’s 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 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 District’s 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
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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 #13-154
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
District’s 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 Consultant’s 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 Consultant’s 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 Consultant’s 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 District’s 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 District’s 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, Consultant’s 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
District’s 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 Consultant’s
default shall not be deemed to result in a waiver of District’s legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to District’s termination rights set forth above, District shall have (i) the right to cure
Consultant’s Default at Consultant’s 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, Consultant’s guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
17. Consultant’s Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultant’s 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 Consultant’s 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,
worker’s compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultant’s 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 Consultant’s exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultant’s
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 Consultant’s 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 District’s pupils. Consultant must complete District’s certification form,
attached herein as Exhibit E, prior to any of Consultant’s employees coming into contact with any of
District’s 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 Consultant’s
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by District’s 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 Consultant’s 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 Consultant’s 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.
Consultant’s 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 District’s 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
District’s 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 District’s 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 Consultant’s
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: District’s 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 Consultant’s 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 Consultant’s office to District’s 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 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 Consultant’s
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 #13-154


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 Best’s 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 Consultant’s 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 Consultant’s insurance.

(3) Consultant’s insurance shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability.

(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
Consultant’s 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 #13-154
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 District’s 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 District’s students during the performance
of the Contract in compliance with Education Code §§ 45125.1 and 45125.2. To assure these provisions,
the successful Bidder’s 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 District’s 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
Contractor’s 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 Contractor’s 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 Contractor’s 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 Contractor’s 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.

Contractor’s 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 Inspector’s 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.


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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 District’s 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
District’s 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 Consultant’s 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 Consultant’s 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 Consultant’s 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 District’s 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 District’s 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, Consultant’s 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
District’s 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 Consultant’s
default shall not be deemed to result in a waiver of District’s legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to District’s termination rights set forth above, District shall have (i) the right to cure
Consultant’s Default at Consultant’s 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, Consultant’s guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
18. Consultant’s Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultant’s 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 Consultant’s 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,
worker’s compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultant’s 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 Consultant’s exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultant’s
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 Consultant’s 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 District’s pupils. Consultant must complete District’s certification form,
attached herein as Exhibit E, prior to any of Consultant’s employees coming into contact with any of
District’s 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 Consultant’s
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by District’s 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 Consultant’s 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 Consultant’s 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.
Consultant’s 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 District’s 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
District’s 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 District’s 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 Consultant’s
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: District’s 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 Consultant’s 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 #13-125
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.

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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 Consultant’s office to District’s 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 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 Consultant’s
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 #13-125


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 Best’s 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 Consultant’s 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 Consultant’s insurance.

(3) Consultant’s insurance shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability.

(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
Consultant’s 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 #13-125
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 District’s 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 #13-125

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 District’s students during the performance
of the Contract in compliance with Education Code §§ 45125.1 and 45125.2. To assure these provisions,
the successful Bidder’s 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 District’s 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
Contractor’s 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 Contractor’s 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 Contractor’s 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 Contractor’s 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.

Contractor’s 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 #13-125

SCOPE OF SERVICES – PROJECT SURVEYOR

The Project Surveyor’s 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.
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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 District’s 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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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 #13-126
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
District’s 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 Consultant’s 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 Consultant’s 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 Consultant’s 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 District’s 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 District’s 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, Consultant’s 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
District’s 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 Consultant’s
default shall not be deemed to result in a waiver of District’s legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to District’s termination rights set forth above, District shall have (i) the right to cure
Consultant’s Default at Consultant’s 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, Consultant’s guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
18. Consultant’s Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultant’s 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 Consultant’s 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,
worker’s compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultant’s 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 Consultant’s exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultant’s
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 Consultant’s 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 District’s pupils. Consultant must complete District’s certification form,
attached herein as Exhibit E, prior to any of Consultant’s employees coming into contact with any of
District’s 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 Consultant’s
duties, Services or obligations under this Agreement or the WAL without the prior written consent of
District and approved by District’s 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 Consultant’s 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 Consultant’s 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.
Consultant’s 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 District’s 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
District’s 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 District’s 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 Consultant’s 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: District’s 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 Consultant’s 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
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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 Consultant’s office to District’s 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
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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 Consultant’s
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 #13-126


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 Best’s 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 Consultant’s 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 Consultant’s insurance.

(3) Consultant’s insurance shall apply separately to each insured against whom claim is made
or suit is brought, except with respect to the limits of the insurer's liability.

(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
Consultant’s 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 #13-126
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 District’s 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 #13-126

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 District’s students during the performance
of the Contract in compliance with Education Code §§ 45125.1 and 45125.2. To assure these provisions,
the successful Bidder’s 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 District’s 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
Contractor’s 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 Contractor’s 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 Contractor’s 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 Contractor’s 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.

Contractor’s 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 #13-126

SCOPE OF SERVICES – PROJECT SURVEYOR

The Project Surveyor’s 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.
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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 District’s 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
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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 #13-127
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
District’s 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 Consultant’s 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 Consultant’s 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 Consultant’s 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 District’s 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 District’s 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, Consultant’s 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
District’s 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 Consultant’s
default shall not be deemed to result in a waiver of District’s legal rights or any rights arising out of any
provision of this Agreement or the WAL.
a. In addition to District’s termination rights set forth above, District shall have (i) the right to cure
Consultant’s Default at Consultant’s 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, Consultant’s guarantees and warranties related to
Standard of Performance under this Agreement or the WAL shall not extend to such use of the
Documents.
18. Consultant’s Books and Records. Consultant shall maintain any and all documents and records
demonstrating or relating to Consultant’s 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.
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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 Consultant’s 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,
worker’s compensation benefits, sick or injury leave or other benefits. Consultant will be responsible
for payment of all of Consultant’s 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 Consultant’s exclusive direction and control. Consultant, its agents or
employees shall not at any time or in any manner represent that Consultant or any of Consultant’s
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
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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 (“confidentia