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TULARE CITY SCHOOL DISTRICT

REGULAR BOARD MEETING

M I N U T E S April 14, 2015

A meeting of the Tulare City School District Board of Trustees was called to order at 6:00 p.m. in the District Office Board Room, 600 North Cherry, Tulare, California, by President Phil Plascencia. The flag salute was recited. Mr. Plascencia welcomed everyone to the meeting.

Opening

Board Members present: Phil Plascencia, President; Willard Epps, Vice President; Teresa Garcia, Clerk; Irene Henderson, Member; Melissa Janes, Member.

Attendance

Dr. Clare Gist, Superintendent; Philip Pierschbacher, Assistant Superintendent, Personnel; Joyce Nunes, Director of Business and Psychological Services; Brian Hollingshead, Director of Curriculum; Paula Adair, Director of Student Services; Sue Howarth, Recording Secretary; Tracey Jenkins, Principal, Live Oak Middle School; Greg Anderson, Principal, Cherry Avenue Middle School; Stacy Trapletti, Teacher, Cherry Avenue Middle School.

A motion was made by Ms. Garcia, seconded by Mr. Epps, to approve the agenda as presented. Ayes: Garcia, Epps, Janes, Henderson, Plascencia Noes: None

Approval of Agenda

Mr. Pierschbacher announced the following correspondence:

• Joint Public Forums presented by the City of Tulare & Tulare Police Dept. Fall Forum hosted by TCSD (Monday, May 18, 2015, Tulare Western High School at 6:00 p.m.) / Spring Forum hosted by TJUHSD

• Veterans’ Opportunity Day 2015 – Tulare Veterans’ Memorial building, April 22, 2015 – 9:00 a.m. – 1:00 p.m. This is a job fair event for Veterans’ and the district will attend.

Correspondence

Page No. 2 Board Minutes April 14, 2015 The following items from the consent calendar were presented to the Board for their approval: Approve Minutes of 3/24/15 Regular Board Meeting Approve Expenditures: Purchase Orders Nos. 152850 - 153014; Pay Vouchers

Nos. 157031 - 157519; General Fund Warrant No. 61493885, dated 3/25/15; General Fund Warrants Nos. 61495326 – 61495444, dated 3/27/15; General Fund Warrants Nos. 61497371 – 61497417, dated 4/2/15; General Fund Warrants Nos. 61499544 - 61499656, dated 4/10/15; March Salary Warrants

Adopt AR 5145.3, Nondiscrimination/Harassment, Second Reading Williams Quarterly Report – 2014/2015 Approve Agency Agreement with Tulare County Office of Education for the

Migrant Student Services 2015 Summer School Program Adopt Supervisor I (Child Welfare & Attendance) Job Description, Second

Reading Accept Donation/Grant of 3 Chrome Books for Live Oak Middle School Establish the time, date and place of a Public Hearing for 2015/2016 Budget

Adoption Process (Hearing on 6/9/15; Adoption on 6/23/15) Accept Donation of $768.00 from Horizon Nut Company to Roosevelt School

and Establish a Budget to Expend the Funds Upon a motion made by, Mr. Epps, seconded by Mrs. Henderson, the Board approved the consent calendar as listed above. Ayes: Epps, Henderson, Janes, Plascencia, Garcia Noes: None

Approval of Consent Calendar

Cherry Avenue Middle School Students introduced a United for Good slide show presentation of pictures from Yei, South Sudan. The TCSD middle schools along with Alpine Vista are conducting a fundraiser called “Project Two-Five”. The money raised from this fund-raiser will go toward the purchase of new computers for the purpose of educating residents on computer skills to help them to become productively employed. Mr. Anderson showed a video of the people, land and culture of Yei, South Sudan. Dr. Gist and the Board commended the students and middle school administration for their compassion and support of this important global cause.

United for Good Presentation

Mr. Hollingshead stated that on March 24, 2015 mathematicians from all four Tulare City Middle schools participated in the Tulare County Office of Education Math Super Bowl competition. The Math Super Bowl had 41 schools in attendance with 134 teams and 670 students participated. The following students were recognized for their achievements in the Math Super Bowl competition: Kambrya Persinger, Cherry, 7th grade – Excellent Team Bowl Ribbon/ 2nd Place, 7th Gr. Overall Large School Power Bowl Trophy

Recognize Math Super Bowl Winners

Page No. 3 Board Minutes April 14, 2015 Jonathan Garcia, Cherry, 7th grade – Excellent Team Bowl Ribbon/ 4th Place, 7th Gr. Overall Large School Power Bowl Trophy Natalie Gomes, Cherry, 7th grade – Excellent Team Bowl Ribbon/ 5th Place, 7th Gr. Overall Large School Power Bowl Trophy Brittany Callison, Live Oak, 8th grade – Excellent Team Bowl Ribbon/ 2nd Place, 8th Gr. Overall Large School Power Bowl Trophy The Board congratulated the students and also thanked the teachers who coached the Math Super Bowl contestants.

Recognize Math Super Bowl Winners (continued)

Mrs. Nunes asked the Board to adopt Resolution No. 2015/2016-23, accept $10,000.00 from Data Recognition Corporation for Live Oak Middle School and establish a budget to expend the funds. Data Recognition Corporation provides education, survey, and document services and they specialize in test and survey administration and processing. They are part of a six member team (CTB/McGraw-Hill, The American Institutes for Research, The Council for Aid to Education, HumRRO, and The College Board) selected by the Smarter Balanced Consortium to develop the first set of student questions for the new Common Core Assessments.

Ms. Garcia made a motion, seconded by Mrs. Janes, to adopt Resolution No. 2014/2015-23, accept $10,000.00 from Data Recognition Corporation for Live Oak Middle School and establish a budget to expend the funds. Ayes: Garcia, Janes, Henderson, Plascencia, Epps Noes: None

Adopt Resolution No. 2015/2016-23, Accept $10,000.00 from Data Recognition Corporation for Live Oak Middle School and Establish a Budget to Expend the Funds

Dr. Gist recognized Mr. Martin Suey and Mrs. Nancy Louviere for the management of the district’s data on a daily basis. Due to their dedication and hard work the district qualified for the 2013/2014 California Longitudinal Pupil Achievement Data System (CALPADS) Data Management recognition. Mr. Plascencia presented a plaque to Mr. Suey and congratulated him and Mrs. Louviere.

Data Management Recognition from California Department of Education (CALPADS)

Mr. Greg Anderson reviewed Cherry Avenue Middle School’s Alternative Governance update to the Board. He shared site performance data, focus for the year, professional development plan and strategies and actions. Mr. Plascencia thanked Mr. Anderson for his informative report.

Cherry Avenue Middle School Alternative Governance Board (AGB) Update

Page No. 4 Board Minutes April 14, 2015 Mr. Pierschbacher asked the Board to adopt the following updated board policies, which were included in the Board packet, as recommended by Administration and California School Boards Association:

• AR 3514, Environmental Safety • BP 6142.92, Mathematics Instruction • BP 6162.5, Student Assessment • AR 6162.51, State Academic Achievement Tests

Upon a motion made by Mrs. Janes, seconded by Ms. Garcia, the Board approved the updated Board policies as listed above. Ayes: Janes, Garcia, Plascencia, Epps, Henderson Noes: None

Adopt Updated AR 3514, Environmental Safety; BP 6142.92, Mathematics Instruction; BP 6162.5, Student Assessment; AR 6162.51, State Academic Achievement Tests

Mr. Pierschbacher presented the 2015/2016 Tulare City Teachers’ Association Collective Bargaining Proposal to the TCSD Board of Trustees as follows: Article XII: Workday

• 12.5 – The last employee workdays before the Thanksgiving, Winter and Spring Holidays and the first and last day of school, shall be considered shortened days and shall terminate at 2:45p.m. thirty (30) minutes after the last district student dismissal time.

• 12.9 - Employees may be required to be on duty prior to 8:15 a.m. or after 3:45 p.m. for the purpose of playground supervision and will be compensated at the hourly rate.

• 12.11 – Junior high teachers shall be entitled to one (1) preparation period each day or;

• 12.12 – Junior high teachers shall be exempt from all on-site duties during the regular school day. (Move subsections and adjust following subsection numbers accordingly)

• 12.13 – The district shall determine the assignments of teachers in regard to 12.11 and 12.12 above.

o 12.11.1 – Junior high teachers shall be exempt from all on-site duties during the regular school day.

o 12.11.2 – The district shall determine the assignments of teachers in regard to 12.11 and 12.11.1.

Article XVI: Leaves • 16.4 Paternity Leave (Add – Adjust existing subsection numbers

accordingly) 16.4.1 – A male bargaining unit member shall be granted up to

ten (10) days of paternity leave – (as part of personal necessity leave) such leave to be taken on the occasion of the birth of his child or the adoption of a child.

Present the 2015/2016 Tulare City Teachers’ Association Collective Bargaining Proposal to the TCSD Board of Trustees

Page No. 5 Board Minutes April 14, 2015

• 16.5 Use of Sick Leave for Personal Necessity 16.5.5 – Employees shall be entitled to use one (1) five (5) of

their ten (10) days of Personal Necessity as a days of Discretionary Leave. Discretionary Leave may be used in conjunction with Personal Business Leave. However, no more than three percent (3%) of the total number of unit members employed should be out for Discretionary Leave and/or Personal Business Leave on any given day. This may be used as a full day and cannot be taken in increments.

o 16.5.5.3 – Such leaves may not be used for concerted activities, recreation or other paid employment. Effective 1/27/10

Article XIX: Salary • 19.1 Basic Salary Schedule – The basic salary schedule, current

hourly rate, and salary classifications for all the members of the bargaining unit for 2014/2015 2015/2016 Salary Schedule and hourly rate will be increased by 4.25% 8.75%

Appendix “B” • 11. If a school wishes to create a student team for an academic

competition outside of contractual hours, it may do so with the site administrator’s approval for an Educational / Academic Project Advisor. The site administrator would then bring the proposal to the Director of Curriculum for approval, who in turn, would present the request to the Cabinet for final approval. Academic competitions would be those which are held after contractual hours. The number of project advisors, per competition, would be limited to a maximum of four (4) certificated personnel. Each Educational / Academic Project Advisor shall receive three hundred fifty ($350) ($500) per academic competition, and must work a minimum of eight (8) hours to receive the stipend.

• 12. (Add – Adjust existing subsection numbers accordingly) If a school wishes to create or participate in an extra-curricular program for students such as Spelling Bee and/or Poetry and Prose, they may do so with the site administrator’s approval. The number of advisors for each of these programs would be limited to a maximum of two (2) certificated personnel. Each program advisor shall receive the following stipend:

o Spelling Bee – Two Hundred ($200) o Poetry and Prose – Two Hundred ($200)

Appendix “C” Unit members performing extra duties at any site shall be paid according to the schedule below. Increase maximum pay on the Extra Duty Pay Schedule at the same rate as the current hourly pay increases.

Present the 2015/2016 Tulare City Teachers’ Association Collective Bargaining Proposal to the TCSD Board of Trustees (continued)

Page No. 6 Board Minutes April 14, 2015 POSITION AMOUNT STUDENT COUNCIL $35.67 per hour $1223.70 per year maximum

Payment will be made per calendar month, to be paid on Supplemental pay cycle (mid-Month)

YEARBOOK ADVISOR $35.67 per hour $1223.70 per year maximum

Payment will be made per calendar month, to be paid on Supplemental pay cycle (mid-Month)

Article XX: Employee Benefits • 20.1 Entitlement And Coverages

20.1.1 – The district will contribute up to $15,500 $16,500 towards health benefits (medical insurance, prescription drugs, dental insurance, and vision insurance) per year for each unit member and their eligible dependents, increasing the contribution 2.5% 5% each subsequent year to be negotiated yearly (See Appendix H).

Present the 2015/2016 Tulare City Teachers’ Association Collective Bargaining Proposal to the TCSD Board of Trustees (continued)

Mrs. Nunes presented the public disclosure of the 2015/2016 Tulare City Teachers’ Association Collective Bargaining Proposal Cost Analysis. The estimated total cost of all the proposed changes, as listed above in the Bargaining proposal, except XII Junior High No Duty and XVI Paternity Leave is $4,110,124.74.

Public Disclosure / Present the 2015/2016 Tulare City Teachers’ Association Collective Bargaining Proposal Cost Analysis to the TCSD Board of Trustees

Mrs. Nunes asked the Board to approve Change Order #1 in the amount $3,219.00 for the installation of concrete at various sites. This change order is for slope issues on the concrete work at Cherry Avenue Middle School.

Upon a motion made by, Mrs. Janes, seconded by Mrs. Henderson, the Board approved Change Order #1 in the amount of $3,219.00 for installation of concrete at various sites. Ayes: Epps, Henderson, Janes, Plascencia, Garcia Noes: None

Approve Change Order #1 for the Installation of Concrete at Various Sites

Page No. 7 Board Minutes April 14, 2015 The Board was asked to accept the bid of $20,025.00 from Sierra School Equipment Company for the installation of restroom partitions at Cherry Avenue Middle School, Kohn School and Roosevelt School.

Mrs. Henderson made a motion, seconded by Mr. Epps, to accept the bid of $20,025.00 from Sierra School Equipment Co., for installation of Restroom partitions at Cherry Avenue Middle School, Kohn School and Roosevelt School. Ayes: Henderson, Epps, Garcia, Janes, Plascencia Noes: None

Accept Bid of $20,025.00 from Sierra School Equipment Co., for Installation of Restroom Partitions at Cherry Avenue Middle School, Kohn School & Roosevelt School

Mrs. Nunes asked the Board to accept the bid of $38,190.00 from Parc Environmental for asbestos removal on the roof at Maple School and lead removal at Cherry Avenue Middle School, Mulcahy Middle School and Roosevelt School.

A motion was made by Mrs. Janes, seconded by Ms. Garcia to accept the bid of $38,190.00 from Parc Environmental for asbestos removal on the roof at Maple School and lead removal at Cherry Avenue Middle School, Mulcahy Middle School and Roosevelt School. Ayes: Janes, Garcia, Epps, Plascencia, Henderson Noes: None

Accept Bid of $38,190.00 from Parc Environmental for Asbestos Removal on Roof at Maple School & Lead Removal at Cherry Avenue Middle School, Mulcahy Middle School & Roosevelt School

Mrs. Nunes asked the Board to reject the bids for WiFi addition at various sites and requested authorization to re-bid for WiFi addition at various sites. She noted that there was a miscommunication on installing the access points for WiFi after the walk through was done.

Upon a motion made by, Mrs. Janes, seconded by Mr. Epps, the Board rejected the bids for WiFi addition at various sites and authorized Administration to re-bid for WiFi addition at various sites. Ayes: Janes, Epps, Henderson, Plascencia, Garcia Noes: None

Reject Bids for WiFi Addition at Various Site And Request Authorization to Re-Bid for WiFi Addition at Various Sites

Page No. 8 Board Minutes April 14, 2015 The Board was asked to award the bid for short throw projector installation to ACT/CDW in the amount of $59,535.00.

Mrs. Henderson made a motion, seconded by Mrs. Janes, to accept the bid of $59,535.00 from ACT/CDW for short throw projector installation. Ayes: Henderson, Janes, Plascencia, Garcia, Epps Noes: None

Award Bid to ACT Computer for Short Throw Projector Installation

Mr. Plascencia opened the public comment period. There were no comments. The public comment period was closed

Public Comment Period

Mr. Plascencia thanked the visitors for their attendance.

Recognition of Visitors

The personnel report was reviewed by Mr. Pierschbacher. NAME SCHOOL EFFECTIVE DATE CERTIFICATED PERSONNEL – REASSIGNMENT Gloria Davalos Lincoln 8/11/15 5th Grade/Head Teacher to Response to Intervention/Programs Teacher Darcie Garcia Los Tules to 8/11/15 7th Grade, Lang. Arts Core to Mulcahy Response to Intervention/Programs Teacher Laura Gunning Pleasant 8/11/15 2nd Grade to Response to Intervention/Programs Teacher Kelly Johnstone Heritage to 8/11/15 Transitional Kindergarten to Cypress Response to Intervention/Programs Teacher Jill Martin Wilson 8/11/15 1st Grade to Response to Intervention/Programs Teacher Julie Reed Live Oak 8/11/15 RSP Teacher to Response to Intervention/Programs Teacher

Personnel Report

Page No. 9 Board Minutes April 14, 2015 CERTIFICATED PERSONNEL – REASSIGNMENT (continued) Tami Rodriguez Roosevelt 8/11/15 RSP Teacher to Response to Intervention/Programs Teacher Vicki Stewart Maple 8/11/15 4th Grade to Response to Intervention/Programs Teacher CERTIFICATED PERSONNEL – REQUEST FOR CATASTROPHIC LEAVE Karen Dodson Heritage Approx.. 5/1/15 – 5/29/15 RSP Teacher CERTIFICATED PERSONNEL – RESIGNATION Kathy Burd Maple 6/10/15 1st Grade Patrick Miller Alpine Vista 6/10/15 2nd Grade Rosemary Minjarez Roosevelt 6/10/15 2nd Grade CLASSIFIED MANAGEMENT PERSONNEL – OFFER OF EMPLOYMENT Jocelynn Santos District 5/18/15 Audit Clerk CLASSIFIED MANAGEMENT PERSONNEL – REQUEST FOR PREGNANCY DISABILITY LEAVE/CHILD BONDING LEAVE Julie Adams District Approx. 8/19/15 – 9/30/15 Confidential Secretary Approx. 10/1/15 – 11/10/15 CLASSIFIED PERSONNEL – INCREASE IN HOURS Maria I. Maciel Trujillo Mulcahy to 8/13/15 Spec Ed Aide (3.5 hrs.) to (7 hrs.) Lincoln CLASSIFIED PERSONNEL – REQUEST FOR CATASTROPHIC LEAVE Maria Azevedo District Kitchen Approx. 4/22/15 – 5/19/15 Cook (8 hrs.) CLASSIFIED PERSONNEL – REQUEST FOR PREGNANCY DISABILITY LEAVE Brenda Bobadilla Cherry Approx. 7/8/15 – 8/18/15 Cafeteria Scanner (2 hrs.)

Personnel Report (continued)

Page No. 10 Board Minutes April 14, 2015 CLASSIFIED PERSONNEL – REQUEST FOR PREGNANCY DISABILITY LEAVE (continued) Jennifer Flores Roosevelt Approx. 9/1/15 – 10/27/15 LVN (7.5 hrs.) CLASSIFIED PERSONNEL - RESIGNATION Judith Mendoza Cherry 6/9/15 Spec Ed Aide (3.5 hrs.) Vanessa Perales Roosevelt 6/9/15 Spec Ed Aide (3.5 hrs.) Manuel Quinonez District 9/7/15 Supply Clerk Bee Yang Bilingual Ed Center 6/10/15 Community Aide (8 hrs.)

Mrs. Janes made a motion, seconded by Ms. Garcia, to accept the personnel report as presented. Ayes: Janes, Garcia, Plascencia, Epps, Henderson Noes: None

Personnel Report (continued)

With no other business, the meeting was adjourned at 7:35 p.m. Adjournment ATTEST: ________________________________________ _________________________________________ Clare Gist, Ed.D. Sue Howarth Secretary Recording Secretary ________________________________________ Teresa Garcia Clerk

600 North Cherry Street Tulare, CA 93274 

 BID RESULTS 

 2015/2016 MILK BIDS ‐‐ OPENING APRIL 21, 2015 – 9:30 A.M. 

 Name of Company  Milk 

1% Low‐Fat 

(per unit) 

Chocolate 

Non‐Fat 

(per unit) 

Total Bid for 

Option #1 

(Daily delivery at each school site) 

Total Bid for 

Option #2 

(Two drops per week at Main Kitchen) 

       

 

Producers Dairy Attn: Daryle Tate P.O. Box 1231 Fresno, CA 93715‐1231  

 

 

Op. 1:  .2092 

Op. 2: .2000 

 

 

Op. 1: .2035 

Op. 2: .1958 

 

$ 409,565.00 

 

 

$ 393,490.00 

 

  

BUSINESS AND NONINSTRUCTIONAL OPERATIONS Transfer of Funds

RECOMMENDED ADOPTION OF UPDATED CSBA POLICY AS DEFINED BELOW: Transfer of Funds – BP 3110 Policy updated to delete section on "Tier 3 Categorical Flexibility" since NEW LAW (AB 97, 2013) repeals the law providing this flexibility and redirects the funding into the local control funding formula. Policy also reflects the repeal, pursuant to AB 97, of the law providing a process for the transfer of excess local funds in the deferred maintenance fund to any other expenditure classifications whenever state funds for deferred maintenance are insufficient to fully match local funds. Revised policy adds items reflecting circumstances under which the board may transfer monies between funds or accounts. See BP 3110

Business and Noninstructional Operations BP 3110(a) TRANSFER OF FUNDS The Governing Board recognizes its responsibility to monitor the district's fiscal practices to ensure accountability regarding the expenditure of public funds and compliance with legal requirements. (cf. 0460 - Local Control and Accountability Plan) (cf. 3100 - Budget) (cf. 3400 - Management of District Assets/Accounts) (cf. 3460 - Financial Reports and Accountability) The total amount budgeted by the district for each major classification of expenditures, as listed in the California Department of Education's budget forms, shall be the maximum amount which the district may expend for that classification for the school year. (Education Code 42600) However, when it is in the best interest of the district, the Board may: 1. At any time, adopt a written resolution providing for transfers from the designated

fund balance or the unappropriated fund balance to any expenditure classification or between classifications. The resolution shall be filed with the County Superintendent of Schools and the county auditor. (Education Code 42600)

2. Direct the temporary transfer of monies held in any district fund or account to another

fund or account as necessary for the payment of obligations. Such borrowing shall occur only when the fund or account receiving the money will earn sufficient income

during the current fiscal year to repay the amount transferred. No more than 75 percent of the maximum amount held in any fund or account during the current fiscal year may be transferred. Amounts transferred shall be repaid in the same fiscal year, or in the following fiscal year if the transfer takes place within the final 120 calendar days of a fiscal year. (Education Code 42603)

3. At the close of a school year, request that the County Superintendent make transfers

between the designated fund balance or the unappropriated fund balance and any expenditure classification(s), or balance any expenditure classifications of the district budget as necessary for the payment of obligations incurred during that school year. (Education Code 42601)

4. Specify amounts to be transferred by the county auditor and treasurer from the

district's general fund to the special reserve fund during the fiscal year. If any special reserve funds are maintained for purposes other than capital outlay or if monies in the special reserve fund are not actually encumbered for ongoing expenses, the Board

Sample Policy – October 2013 Updates

BP 3110(b) TRANSFER OF FUNDS (continued) may transfer those monies into the general fund for the general operating purposes of

the district. If any monies remain in the special reserve fund at the conclusion of a project, the Board may, by written request to the County Superintendent, auditor, and

treasurer, transfer those monies to the district's general fund. (Education Code 42841-42843)

5. Transfer monies between other funds or accounts when authorized by law. Legal Reference:

EDUCATION CODE 78 Definition, governing board 5200 Districts governed by boards of education 16095 Transfer of district funds to district state school building fund 41301 Section A state school fund allocation schedule 42125 Designated and unappropriated fund balances 42238-42251 Apportionments to districts, especially: 42238.01-42238.07 Local control funding formula 42600 District budget limitation on expenditure 42601 Transfers between funds to permit payment of obligations at close of year 42603 Transfer of monies held in any fund or account to another fund; repayment 42840-42843 Special reserve fund 52616.4 Expenditures from adult education fund

Management Resources:

WEB SITES CSBA: http://www.csba.org California Department of Education: http://www.cde.ca.gov Fiscal Crisis and Management Assistance Team: http://www.fcmat.org

Update:

TULARE CITY SCHOOL DISTRICT Tulare, California

Sample Policy – October 2013 Updates

Policy adopted: March 9, 2010

INSTRUCTION Use of Copyrighted Materials RECOMMENDED ADOPTION OF UPDATED CSBA POLICY AS DEFINED BELOW:

Policy updated to reflect NEW COURT DECISION (Cambridge University Press v. Becker) reaffirming that federal criteria for determining "fair use" of copyrighted material must be weighed together on a case-by-case basis and do not exclude consideration of other factors. Policy also adds language defining categories of works that may be copyrighted, stating the need to get permission to use a copyrighted work unless the criteria for fair use or another exception are met, and prohibiting students from copying and distributing copyrighted works. Material re: observing license agreements for software moved to AR. Regulation reorganized and expanded to reflect (1) the need to seek permission of copyright holder before widely distributing a copyrighted work through a web site or other method of communications accessible to the public; (2) the four factors specified in law that must be considered when determining whether an intended use of a copyrighted work meets criteria for "fair use," as clarified by NEW COURT DECISION (Cambridge University Press v. Becker); and (3) an exception in federal law pertaining to performance or display of copyrighted works (e.g., motion picture or other audiovisual work) in the course of face-to-face instruction. Regulation also revised to include information about identifying the holder of a copyright and to more directly reflect nonbinding guidelines for copying text, sheet or recorded music, and television programming as stated in U.S. Copyright Office guidance. See BP 6162.6 See AR 6162.6

Instruction BP 6162.6(a) USE OF COPYRIGHTED MATERIALS The Governing Board recognizes that district staff and students may use a variety of copyrighted materials in the educational program and other district operations. When such materials have not been purchased by the district for the intended use, the Board expects staff and students to respect the protections afforded by federal law to the copyright owners of those materials and respect any limitations by the copyright holder to the license of such materials. (cf. 1113 - District and School Web Sites) (cf. 1114 - District-Sponsored Social Media) (cf. 4040 - Employee Use of Technology) (cf. 4119.21/4219.21/4319.21 - Professional Standards) (cf. 4132/4232/4332 - Publication or Creation of Materials) (cf. 5131.9 - Academic Honesty) (cf. 6141 - Curriculum Development and Evaluation) (cf. 6161.1 - Selection and Evaluation of Instructional Materials) (cf. 6161.11 - Supplementary Instructional Materials) (cf. 6163.1 - Library Media Centers) Any literary, musical, dramatic, choreographic, pictorial, graphic, sculptural, audiovisual or motion picture, sound, architectural, or other original work shall be assumed to be a copyrighted work, regardless of whether the work appears in print, audio, video, electronic, or other fixed and tangible form. Before reproducing a copyrighted material for instructional or other district purposes, a staff member shall determine if the material is in the public domain or if the intended use of the material meets the criteria for fair use or another exception pursuant to 17 USC 107-122. If the material is not in the public domain or no recognized exception applies, the staff member shall seek permission of the copyright holder before using the material. The Superintendent or designee shall inform staff that inclusion of an attribution citing the author and source of a copyrighted material does not absolve the staff member from the responsibility to either obtain permission or satisfy criteria for fair use or another exception. If a staff member is uncertain as to whether the intended use of the material meets the criteria for fair use or another exception, he/she shall take the safest course and seek permission from the copyright holder to use the material or, if it is impracticable to obtain permission, shall contact the Superintendent or designee for clarification and assistance. Students shall not copy or distribute copyrighted works to others. Staff members shall take reasonable precautions to prevent copying or the use of unauthorized copies on school equipment. (cf. 3300 - Expenditures and Purchases) (cf. 3312 - Contracts) (cf. 6163.4 - Student Use of Technology) (cf. 4131 - Staff Development) (cf. 4231 - Staff Development) (cf. 4331 - Staff Development)

Sample Policy – August 2013 Updates

BP 6162.6(c)

USE OF COPYRIGHTED MATERIALS (continued) Legal Reference:

EDUCATION CODE 35182 Computer software UNITED STATES CODE, TITLE 17 101-122 Subject matter and scope of copyright, especially: 102 Definitions 106 Copyright protection 107 Fair use of copyrighted works 110 Limitations on exclusive rights: Exemption of certain performances and displays 504 Penalties for copyright infringement COURT DECISIONS Cambridge University Press et al. v. Becker et al. (N.D. Ga. 2012) 863 F.Supp.2d 1190 Campbell v. Acuff-Rose Music, Inc., (1994) 510 U.S. 569 Marcus v. Rowley, (9th Cir., 1982) 695 F.2d 1171

Management Resources:

NATIONAL SCHOOL BOARDS ASSOCIATION PUBLICATIONS Copyright Law: Do Schools Need a License to Show a Movie?, School Law Review, July 2010 U.S. COPYRIGHT OFFICE PUBLICATIONS Circular 21: Reproduction of Copyrighted Works by Educators and Librarians, rev. 2009 Circular 22: How to Investigate the Copyright Status of a Work, rev. 2013 Circular 23: The Copyright Card Catalog and the Online Files of the Copyright Office, rev. 2012 WEB SITES Copyright Society of the USA: http://www.csusa.org National School Boards Association: http://www.nsba.org University of California, Copyright Education: http://copyright.universityofcalifornia.edu/usingcopyrightedworks.html U.S. Copyright Office: http://www.copyright.gov

Update: Update: March 24, 2009

TULARE CITY SCHOOL DISTRICT Tulare, California

Policy adopted: September 13, 2005

Sample Policy – August 2013 Updates

Instruction AR 6162.6(a) USE OF COPYRIGHTED MATERIALS Prior to reproducing, distributing, displaying, posting, performing, or otherwise using a copyrighted material for an instructional purpose or in the course of other district business, district staff shall determine whether it is necessary to request permission of the copyright holder. Unless the staff member is reasonably certain that the material is in the public domain or the intended use meets the criteria for an exception specified in 17 USC 107-122 and this administrative regulation, he/she shall either obtain permission from the copyright holder or avoid use of the material. In addition, permission of the copyright holder shall be requested whenever district staff intend to publicly disseminate a copyrighted work, such as by posting on the district or school web site or using another method of communications accessible to the public. (cf. 1113 - District and School Web Sites) (cf. 1114 - District-Sponsored Social Media) (cf. 4040 - Employee Use of Technology) (cf. 4119.21/4219.21/4319.21 - Professional Standards) (cf. 4132/4232/4332 - Publication or Creation of Materials) (cf. 5131.9 - Academic Honesty) (cf. 6141 - Curriculum Development and Evaluation) (cf. 6161.1 - Selection and Evaluation of Instructional Materials) (cf. 6161.11 - Supplementary Instructional Materials) (cf. 6163.1 - Library Media Centers) Any reproduction or other use of a copyrighted work shall include the copyright notice. District staff shall not reproduce and distribute copyrighted works of any type in any of the following circumstances: 1. When the copyrighted work is a "consumable" work such as a workbook, standardized

test, answer sheet, or similar material 2. To substitute for the purchase of the work 3. To create, replace, or substitute for anthologies or collective works Request for Permission to Use Copyrighted Material As necessary, district staff desiring to use a copyrighted material shall identify and contact the copyright holder to request permission to use the material. The request shall include the following information: 1. Title, author(s), editor(s) or publisher, producer(s) or distributor 2. Edition, copyright, and/or production year

Sample Policy – August 2013 Updates

AR 6162.6(b) USE OF COPYRIGHTED MATERIALS (continued) 3. Exact amount of material to be used, such as the number of lines, pages, or chapters or

percentage of the work 4. Nature of the use, such as the course in which it will be used, the grade level of the

students, the number of students, and the frequency of use 5. How the material will be reproduced and distributed If the copyright holder requires a fee to grant permission, district staff shall seek approval from the Superintendent or designee prior to incurring the cost. Criteria for Fair Use In considering whether a copyrighted work may be used without the copyright holder's permission on the grounds that the intended use is "fair use" pursuant to 17 USC 107, including reproduction in copies, phonorecords, or any other reproductive form for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, district staff shall consider all of the following factors: (17 USC 107) 1. The purpose and character of the use, including whether the use is of a commercial nature

or for nonprofit educational purposes 2. The nature of the copyrighted work 3. The amount and substantiality of the portion used in relation to the copyrighted work as a

whole 4. The effect of the use upon the potential market for or value of the copyrighted work Any determination of fair use shall weigh together all the factors specified in items #1-4 above in addition to any applicable guidelines presented in this administrative regulation for specific types of copyrighted works. Guidelines for Copying Text Staff may reproduce text from a copyrighted work from a printed resource, the Internet, or other source, without permission from the copyright holder, under the following conditions: 1. A single copy of a chapter of a book, article from a periodical or newspaper, short story,

short essay, short poem, chart, graph, diagram, drawing, cartoon, or picture may be made by or for a teacher for his/her scholarly research or use in teaching or preparation to teach a class.

Sample Policy – August 2013 Updates

AR 6162.6(c) USE OF COPYRIGHTED MATERIALS (continued) 2. Multiple copies, not to exceed one copy per student in a course, may be made by or for a

teacher for classroom use or discussion, provided that:

a. The amount to be copied does not exceed:

(1) 250 words for a complete poem or excerpt from a poem (2) 2,500 words for a complete article, story, or essay (3) 1,000 words or 10 percent of the whole (with a minimum of 500 words),

whichever is less, for an excerpt from a larger prose work (4) One illustration (e.g., chart, graph, diagram, cartoon, or picture) per book

or periodical issue b. The copying is for only one course in the school. c. With the exception of newspapers and other news periodicals, not more than one

work is copied from the same author per term, not more than three works are copied from the same collective work or periodical volume per term, and there are no more than nine instances of multiple copying per course per term.

d. A delay to request permission from the copyright holder would preclude the most effective instructional use of the material.

Guidelines for Reproducing Sheet and Recorded Music District staff may reproduce sheet music and recorded music without permission from the copyright holder under the following conditions: 1. Emergency copies may be made when purchased copies needed for an imminent

performance are not available, provided that replacement copies shall be purchased in due course.

2. Single or multiple copies of excerpts of works may be made for academic purposes other

than performances, provided that the excerpt does not constitute an entire performable unit (e.g., a section, movement, or aria), no more than 10 percent of the total work is used, and the number of copies made does not exceed one per student.

3. Printed copies that have been purchased may be edited or simplified provided that the

character of the work is not distorted and lyrics are not added or altered.

Sample Policy – August 2013 Updates

AR 6162.6(d) USE OF COPYRIGHTED MATERIALS (continued) 4. A single copy of a recorded performance by students may be made for evaluation or

rehearsal purposes. 5. A single copy of recordings of copyrighted music owned by the district or individual

teacher may be made for the purpose of constructing exercises or examinations. Guidelines for Performing or Displaying Copyrighted Works In the course of face-to-face instruction in a classroom or similar place devoted to instruction, teachers or students may recite, render, play, dance, act, or show a copyrighted work either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, show its images in any sequence or to make the sounds accompanying it audible, provided that: (17 USC 101, 110) 1. The performance or display is given by means of a lawfully obtained copy of the work. 2. The performance or display is made by, at the direction of, or under the actual

supervision of a teacher as an integral part of a class session. 3. The performance or display is directly related and of material assistance to the teaching

content of the transmission. 4. The transmission is limited to students enrolled in the course or to Governing Board

members or employees as part of their official duties or employment. 5. If the work is to be digitally transmitted, the district has applied technological protections

that reasonably prevent retention of the work in accessible form for longer than the class session and the unauthorized further dissemination of the work.

Any use of a motion picture or other audiovisual work outside the curriculum, such as for entertainment, a school or class reward, or a fundraiser, shall require permission from the copyright holder or a special viewing license. Guidelines for Recording Broadcast Programming Teachers may make recordings of television programs for use in a classroom for educational purposes under the following conditions: 1. Only programs provided to the public free of charge may be recorded and shown. Any

use of programming from paid television services shall require permission of the copyright holder.

Sample Policy – August 2013 Updates

AR 6162.6(e) USE OF COPYRIGHTED MATERIALS (continued) 2. The recording may be shown only during the first 10 consecutive school days after it

is made. It may be used once by an individual teacher in the course of relevant teaching activities and may be repeated once only when instructional reinforcement is necessary.

3. A limited number of copies may be reproduced from each recording to meet the legitimate needs of the teacher. Each copy shall be subject to all the provisions governing the original recording.

4. The recording may be retained for 45 calendar days after it is made and then shall be

erased or destroyed. However, after the first 10 consecutive school days, the recording may only be used for purposes of determining whether or not to include the broadcast program in the teaching curriculum. If the teacher decides to keep the program for use in the curriculum, he/she shall request permission from the copyright owner.

5. Off-air recordings need not be used in their entirety, but the content of recorded programs

may not be altered. Guidelines for Copying Computer Programs or Software District staff shall observe all licensing agreements between vendors and the district, including monitoring the number of users permitted by an agreement. Unless the applicable licensing agreement authorizes multiple users of a single computer program or software, the district shall not make multiple copies. Copies of district-owned software may be made under either of the following conditions: (17 USC 117) 1. The copy is needed as an essential step in using the computer program with a particular

machine. 2. The copy is used for archival or "backup" purposes only. This copy may be held only as

a file copy and must be destroyed in the event that continued possession of the program ceases to be rightful, unless the copyright owner authorizes its sale, lease, or transfer as part of the sale, lease, or transfer of the original program.

Update: Regulation Approved: September 13, 2005

TULARE CITY SCHOOL DISTRICT Tulare, California

Sample Policy – August 2013 Updates

INSTRUCTION

RECOMMENDED ADOPTION OF UPDATED CSBA POLICY AS DEFINED BELOW: Nonpublic, Nonsectarian School and Agency Services for Special Education – BP/AR 6159.2 (BP/AR revised) MANDATED policy and regulation updated to reflect NEW LAW (SB 121, 2012) which prohibits the referral of a student with a disability to, or placement in, a nonpublic, nonsectarian school without the student's individualized education program team's agreement. Policy also adds material on out-of-state placements, applications for state waivers of legal requirements, and district verification of the school/agency's certification to provide special education and related services. Regulation also reorganized and updated to clarify requirements for the master contract with a nonpublic, nonsectarian school or agency, including the process of making changes to the master contract. See BP 6159.2 See AR 6159.2

Instruction BP 6159.2(a) NONPUBLIC, NONSECTARIAN SCHOOL AND AGENCY SERVICES FOR SPECIAL EDUCATION

The Governing Board recognizes its responsibility to provide all district students, including students with disabilities, a free appropriate public education in accordance with law. When the district is unable to provide direct special education and/or related services to students with disabilities, the Board may enter into a contract with a nonpublic, nonsectarian school or agency to meet the students' needs. (cf. 0430 - Comprehensive Local Plan for Special Education) (cf. 1312.3 - Uniform Complaint Procedures) (cf. 3541.2 - Transportation for Students with Disabilities) (cf. 4112.23 - Special Education Staff) (cf. 6146.4 - Differential Graduation and Competency Standards for Students with Disabilities)

In selecting nonpublic, nonsectarian schools or agencies with which the district may contract for the placement of any district student with disabilities, the Superintendent or designee shall follow the procedures specified in law and accompanying administrative regulation.

Prior to entering into a contract to place any student in a nonpublic, nonsectarian school or agency, the Superintendent or designee shall verify that the school or agency is certified to provide special education and related services to individuals with disabilities in accordance with Education Code 56366. In addition, the Superintendent or designee shall monitor, on an ongoing basis, the certification of any nonpublic, nonsectarian school with which the district has a contract to ensure that the school or agency's certification has not expired.

No district student shall be placed in a nonpublic, nonsectarian school or agency unless the student's individualized education program (IEP) team has determined that an appropriate public education alternative does not exist and that the nonpublic, nonsectarian school or agency placement is appropriate for the student. In accordance with law, any student with disabilities placed in a nonpublic, nonsectarian school or agency shall have all the rights and protections to which students with disabilities are generally entitled, including, but not limited to, the procedural safeguards, due process rights, and periodic review of his/her IEP. (Education Code 56195.8, 56342.1) (cf. 6159 - Individualized Education Program) (cf. 6159.1 - Procedural Safeguards and Complaints for Special Education) (cf. 6164.4 - Identification and Evaluation of Individuals for Special Education)

During the period when any student with disabilities is placed in a nonpublic, nonsectarian school or agency, the student's IEP team shall retain responsibility for monitoring the student's progress towards meeting the goals identified in his/her IEP.

The Superintendent or designee shall notify the Board prior to approving an out-of-state placement for any district student.

Sample Policy – March 2013 Updates

BP 6159.2(b) NONPUBLIC, NONSECTARIAN SCHOOL AND AGENCY SERVICES FOR SPECIAL EDUCATION (continued)

In accordance with Education Code 56366.2, the Superintendent or designee may apply to the Superintendent of Public Instruction to waive any of the requirements of Education Code 56365, 56366, 56366.3, and 56366.6. (cf. 1431 - Waivers) Legal Reference:

EDUCATION CODE 56034-56035 Definitions of nonpublic, nonsectarian school and agency 56042 Placement not to be recommended by attorney with conflict of interest 56101 Waivers 56163 Certification 56168 Responsibility for education of student in hospital or health facility school 56195.8 Adoption of policies 56342.1 Individualized education program; placement 56360-56369 Implementation of special education 56711 Computation of state aid 56740-56743 Apportionments and reports 56760 Annual budget plan; service proportions 56775.5 Reimbursement of assessment and identification costs FAMILY CODE 7911-7912 Interstate compact on placement of children GOVERNMENT CODE 7570-7588 Interagency responsibilities for providing services to children with disabilities, especially: 7572.55 Seriously emotionally disturbed child; out-of-state placement WELFARE AND INSTITUTIONS CODE 362.2 Out-of-home placement for IEP 727.1 Out-of-state placement of wards of court CODE OF REGULATIONS, TITLE 5 3001 Definitions 3060-3070 Nonpublic, nonsectarian school and agency services UNITED STATES CODE, TITLE 20 1400-1487 Individuals with Disabilities Education Act CODE OF FEDERAL REGULATIONS, TITLE 34 300.129-300.148 Children with disabilities in private schools COURT DECISIONS Agostini v. Felton, (1997) 521 U.S. 203, 117 S.Ct. 1997

Management Resources: FEDERAL REGISTER Rules and Regulations, August 14, 2006, Vol. 71, Number 156, pages 46539-46845 WEB SITES California Department of Education: http://www.cde.ca.gov U.S. Department of Education, Office of Special Education and Rehabilitative Services: http://www.ed.gov/about/offices/list/osers

Update:

TULARE CITY SCHOOL DISTRICT Tulare, California

Policy adopted: September 13, 2005

Sample Policy – March 2013 Updates

Instruction AR 6159.2(a)

NONPUBLIC, NONSECTARIAN SCHOOL AND AGENCY SERVICES FOR SPECIAL EDUCATION

Master Contract Every master contract with a nonpublic, nonsectarian school or agency shall be made on forms provided by the California Department of Education and shall include an individual services agreement negotiated for each student.

Each master contract shall specify the general administrative and financial agreements for providing the special education and designated instruction and services, including student-teacher ratios, as well as transportation if specified in a student's individualized education program (IEP). The administrative provisions of the contract shall include procedures for recordkeeping and documentation, and the maintenance of school records by the district to ensure that appropriate high school graduation credit is received by any participating student. The contract may allow for partial or full-time attendance at the nonpublic, nonsectarian school. (Education Code 56366) (cf. 3541.2 - Transportation for Students with Disabilities) (cf. 3580 - District Records) (cf. 5125 - Student Records) (cf. 6146.1 - High School Graduation Requirements)

The master contract shall include a description of the process to be utilized by the district to oversee and evaluate placements in nonpublic, nonsectarian schools. This description shall include a method for evaluating whether each student is making appropriate educational progress. (Education Code 56366)

With mutual agreement of the district and a nonpublic, nonsectarian school or agency, changes may be made to the administrative and financial agreements in the master contract at any time, provided the change does not alter a student's educational instruction, services, or placement as outlined in his/her individual services agreement. (Education Code 56366)

Placement and Services The Superintendent or designee shall develop an individual services agreement for each student to be placed in a nonpublic, nonsectarian school or agency based on the student's IEP. Each individual services agreement shall specify the length of time authorized in the student's IEP for the nonpublic, nonsectarian school services, not to exceed one year. Changes in a student's educational instruction, services, or placement shall be made only on the basis of revisions to the student's IEP. (Education Code 56366) (cf. 6159 - Individualized Education Program)

Sample Policy – March 2013 Updates

AR 6159.2(b) NONPUBLIC, NONSECTARIAN SCHOOL AND AGENCY SERVICES FOR SPECIAL EDUCATION (continued) The IEP team of a student placed in a nonpublic, nonsectarian school or agency shall annually review the student's IEP. The student's IEP and individual services agreement shall specify the review schedules. (5 CCR 3069) Prior to the annual review of a student's IEP, the Superintendent or designee shall notify any high school district to which the student may transfer of the student's enrollment in a nonpublic, nonsectarian school or agency. (5 CCR 3069) When a special education student meets the district requirements for completion of prescribed course of study as designated in the student's IEP, the district shall award the student a diploma of graduation. (5 CCR 3070) (cf. 6146.4 - Differential Graduation and Competency Standards for Individuals with Exceptional Needs) Out-of-State Placements Before contracting with a nonpublic, nonsectarian school or agency outside California, the Superintendent or designee shall document the district's efforts to find an appropriate program offered by a nonpublic, nonsectarian school or agency within California. (Education Code 56365) Within 15 days of any decision for an out-of-state placement, the student's IEP team shall submit to the Superintendent of Public Instruction a report with information about the services provided by the out-of-state program, the related costs, and the district's efforts to locate an appropriate public school or nonpublic, nonsectarian school or agency within California. (Education Code 56365) If the district decides to place a student with a nonpublic, nonsectarian school or agency outside the state, the district shall indicate the anticipated date of the student's return to a placement within California and shall document efforts during the previous year to return the student to California. (Education Code 56365) Update: Regulation Approved: September 13, 2005

Sample Policy – March 2013 Updates

TULARE CITY SCHOOL DISTRICT Tulare, California

BUSINESS AND NONINSTRUCTIONAL OPERATIONS RECOMMENDED ADOPTION OF UPDATED CSBA POLICY AS DEFINED BELOW:

Bids – BP/AR 3311 Policy updated to reflect NEW LAW (AB 1565, 2012) which requires (1) prequalification of all general contractors and electrical, mechanical, and plumbing subcontractors for public projects of $1 million or more awarded on or after January 1, 2014, if School Facilities Program funds or other future state school bonds are used, and (2) a uniform system of rating bidders based on completed questionnaires and model guidelines developed by the Department of Industrial Relations. Policy also reflects court decision highlighting the importance of disclosing all material information in bid specifications. MANDATED regulation reorganized and updated to reflect NEW LAW (AB 1565, 2012) requiring prequalification of specified contractors, as noted above. Regulation also (1) adds step for notifying the bidder when a bid is disqualified as nonresponsive (i.e., does not conform to specifications) in order to give the bidder an opportunity to respond to the information; (2) reflects law allowing districts to facilitate the participation of women, minorities, disabled veterans and small businesses in contracts; and (3) reflects law allowing purchase of surplus property from the federal government without taking estimates or advertising for bids. See BP 3311 See AR 3311

Business and Noninstructional Operations BP 3311(a) BIDS The Governing Board is committed to promoting public accountability and ensuring prudent use of public funds. In leasing or purchasing equipment, materials, supplies, or services for the district and when contracting for public projects involving district facilities, the Board shall explore lawful opportunities to obtain the greatest possible value for its expenditure of public funds. When required by law, or if the Board determines that it is in the best interest of the district, such leases and purchases shall be made using competitive bidding. (cf. 0410 - Nondiscrimination in District Programs and Activities) (cf. 3000 - Concepts and Roles) (cf. 3300 - Expenditures and Purchases) The Superintendent or designee shall establish comprehensive bidding procedures for the district in accordance with law. The procedures shall include a process for advertising bids, instructions and timelines for submitting and opening bids, and other relevant requirements. No work, project, service, or purchase shall be split or separated into smaller work orders or projects for the purpose of evading the legal requirements of Public Contract Code 20111-20118.4. (Public Contract Code 20116) When calling for bids, the Superintendent or designee shall ensure that the bid specification clearly describes in appropriate detail the quality, delivery, and service required and includes all information which the district knows, or has in its possession, that is relevant to the work to be performed or that may impact the cost of performing the work. The Superintendent or designee shall develop the procedures to be used for rating bidders for award of contracts which, by law or Board policy, require prequalification. The procedures shall identify a uniform system for rating bidders and shall address the issues covered by the standardized questionnaire and model guidelines developed by the Department of Industrial Relations pursuant to Public Contract Code 20101. (cf. 9270 - Conflict of Interest) Except as authorized by law and specified in the administrative regulation, contracts shall be let to the lowest responsible bidder who shall give such security as the Board requires, or else all bids shall be rejected. (Public Contract Code 20111) When the Board has determined that it is in the best interest of the district, the district may piggyback onto the contract of another public agency or corporation to lease or purchase equipment or supplies to the extent authorized by law. (Public Contract Code 20118)

Sample Policy – August 2013 Updates

BP 3311(b) BIDS (continued) Legal Reference:

EDUCATION CODE 17070.10-17079.30 Leroy F. Greene School Facilities Act 17406 Lease-leaseback contract 17595 Purchase of supplies through Department of General Services 17602 Purchase of surplus property from federal agencies 38083 Purchase of perishable foodstuffs and seasonable commodities 38110-38120 Apparatus and supplies 39802 Transportation services GOVERNMENT CODE 4217.10-4217.18 Energy conservation contracts 4330-4334 Preference for California-made materials 6252 Definition of public record 53060 Special services and advice 54201-54205 Purchase of supplies and equipment by local agencies PUBLIC CONTRACT CODE 1102 Emergencies 2000-2002 Responsive bidders 3000-3010 Roofing projects 3400 Bids, specifications by brand or trade name not permitted 3410 United States produce and processed foods 6610 Bid visits 12200 Definitions, recycled goods, materials and supplies 20101-20103.7 Public construction projects, requirements for bidding 20103.8 Award of contracts 20107 Bidder's security 20111-20118.4 Contracting by school districts 20189 Bidder's security, earthquake relief 22002 Definition of public project 22030-22045 Alternative procedures for public projects (UPCCAA) 22050 Alternative emergency procedures 22152 Recycled product procurement COURT DECISIONS Los Angeles Unified School District v. Great American Insurance Co., (2010) 49 Cal.4th 739 Great West Contractors Inc. v. Irvine Unified School District, (2010) 187 Cal.App.4th 1425 Marshall v. Pasadena Unified School District, (2004) 119 Cal.App.4th 1241 Konica Business Machines v. Regents of the University of California, (1988) 206 Cal.App.3d 449 City of Inglewood-Los Angeles County Civic Center Authority v. Superior Court, (1972) 7 Cal.3d 861 ATTORNEY GENERAL OPINIONS 89 Ops.Cal.Atty.Gen. 1 (2006)

Management Resources: WEB SITES CSBA: http:// www.csba.org California Association of School Business Officials: http://www.casbo.org

Update: Update: March 24, 2009

TULARE CITY SCHOOL DISTRICT Tulare, California

Policy adopted: September 13, 2005

Sample Policy – August 2013 Updates

Business and Noninstructional Operations AR 3311(a) BIDS Advertised/Competitive Bids The district shall advertise for competitive bids to let any public project contract involving an expenditure of $15,000 or more. Public project means construction, reconstruction, erection, alteration, renovation, improvement, painting, repainting, demolition, and repair work involving a district owned, leased, or operated facility. (Public Contract Code 20111, 22002) The district shall also seek competitive bids through advertisement for contracts exceeding the amount specified in law, as annually adjusted by the Superintendent of Public Instruction, for any of the following: (Public Contract Code 20111) 1. The purchase of equipment, materials, or supplies to be furnished, sold, or leased to the

district 2. Services, not including construction services or special services and advice in accounting,

financial, legal, or administrative matters 3. Repairs that are not a public project, including maintenance

Maintenance means routine, recurring, and usual work for preserving, protecting, and keeping a district facility operating in a safe, efficient, and continually usable condition for the intended purpose for which it was designed, improved, constructed, altered, or repaired. Maintenance includes, but is not limited to, carpentry, electrical, plumbing, glazing, and other craft work designed to preserve the facility, as well as repairs, cleaning, and other operations on machinery and other permanently attached equipment, but does not include painting, repainting, or decorating other than touchup, or among other types of work, janitorial or custodial services and protection provided by security forces. (Public Contract Code 20115)

The Superintendent or designee shall call for bids by placing a notice at least once a week for two weeks in a local newspaper of general circulation published in the district, or if no such newspaper exists, then in some newspaper of general circulation circulated in the county. The Superintendent or designee also may post the notice on the district's web site or through an electronic portal. The notice shall state the work to be done or materials or supplies to be furnished and the time and place and web site where bids will be opened. The district may accept a bid that has been submitted electronically or on paper. (Public Contract Code 20112) (cf. 1113 - District and School Web Sites) The notice shall contain the time, date, and location of any mandatory prebid conference, site visit, or meeting. The notice shall also detail when and where project documents, including the final plan and specifications, are available. Any such mandatory visit or meeting shall occur not

Sample Policy – August 2013 Updates

AR 3311(b) BIDS (continued) Instructions and Procedures for Advertised Bids less than five calendar days after the publication of the initial notice. (Public Contract Code 6610) Bid instructions and specifications shall include the following requirements and information: 1. All bidders shall certify the minimum, if not exact, percentage of post-consumer

materials in products, materials, goods, or supplies offered or sold. (Public Contract Code 22152)

(cf. 3510 - Green School Operations) 2. All bids for construction work shall be presented under sealed cover and shall be

accompanied by one of the following forms of bidder's security: (Public Contract Code 20107, 20111)

a. Cash b. A cashier's check made payable to the district c. A certified check made payable to the district

d. A bidder's bond executed by an admitted surety insurer and made payable to the

district

The security of unsuccessful bidders shall be returned in a reasonable period of time, but in no event later than 60 days after the bid is awarded. (Public Contract Code 20111)

3. When a standardized proposal form is provided by the district, bids not presented on the

standard form shall be disregarded. (Public Contract Code 20111.5) 4. Bids shall not be accepted after the advertised bid opening time, regardless of whether the

bids are actually opened at that time. (Public Contract Code 20112) 5. When two or more identical lowest or highest bids are received, the Governing Board

may determine by lot which bid shall be accepted. (Public Contract Code 20117) 6. If the district requires that the bid include prices for items that may be added to or

deducted from the scope of work in the contract, the bid solicitation shall specify which one of the following methods will be used to determine the lowest bid. In the absence of

Sample Policy – August 2013 Updates

AR 3311(c) BIDS (continued)

such a specification, only the method provided in item #a below shall be used. (Public Contract Code 20103.8)

a. The lowest bid shall be the lowest total of the bid prices on the base contract

without consideration of the prices on the additive or deductive items. b. The lowest bid shall be the lowest total of the bid prices on the base contract and

those additive or deductive items that were specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid price.

c. The lowest bid shall be the lowest total of the bid prices on the base contract and

those additive or deductive items that, when taken in order from a specifically identified list of those items in the solicitation, and added to or subtracted from the base contract, are less than or equal to a funding amount publicly disclosed by the district before the first bid is opened.

The lowest bid shall be determined in a manner that prevents any information that would identify any of the bidders or proposed subcontractors or suppliers from being revealed to the district before the ranking of all bidders from lowest to highest has been determined. (Public Contract Code 20103.8)

7. Any subsequent change or alteration of a contract shall be governed by the provisions of

Public Contract Code 20118.4. 8. After being opened, all submitted bids become public records pursuant to Government

Code 6252 and shall be made available for public review pursuant to law, Board policy, and administrative regulation.

(cf. 1340 - Access to District Records) 9. When a bid is disqualified as nonresponsive based on district investigation or other

information not obtained from the submitted bid, the Superintendent or designee shall notify the bidder and give him/her an opportunity to respond to the information.

Prequalification Procedure When required by law or the Board, each prospective bidder shall complete and submit a standardized questionnaire and financial statement. For this purpose, the Superintendent or designee shall provide a standardized proposal form which requires a complete statement of the bidder's financial ability and experience in performing public works. The bidder's information shall be verified under oath in the manner in which civil law pleadings are verified. The

Sample Policy – August 2013 Updates

AR 3311(d) BIDS (continued) questionnaires and financial statements shall not be public records and shall not be open to public inspection. (Public Contract Code 20111.5, 20111.6) Prospective bidders shall submit the questionnaire and financial statement at least five days before the date fixed for public opening of sealed bids. (Public Contract Code 20111.5) The Superintendent or designee shall establish a uniform system for rating bidders on the basis of completed questionnaires and financial statements in order to determine the size of contracts on which each bidder is qualified to bid. Bidders must be prequalified by the district at least one day before the fixed bid-opening date. (Public Contract Code 20111.5) The district may establish a procedure for prequalifying bidders on a quarterly basis and may authorize that prequalification be considered valid for up to one calendar year following the date of the initial prequalification. (Public Contract Code 20111.5) Award of Contract The district shall award each contract to the lowest responsible bidder except in the following circumstances: 1. When the contract is for the procurement and/or maintenance of electronic data

processing systems and supporting software, in which case the Board may contract with any one of the three lowest responsible bidders (Public Contract Code 20118.1)

2. For any transportation service contract involving an expenditure of more than $10,000,

which the Board contemplates may be made with a person or corporation other than a common carrier, municipally owned transit system, or a parent/guardian of students who are to be transported, in which case the Board may contract with other than the lowest bidder (Education Code 39802)

3. When the contract is one for which the Board has established goals and requirements

relating to participation of minority, women, disabled veteran, or small business enterprises in accordance with Public Contract Code 2000-2002, in which case the Board may contract with the lowest responsible bidder who complies or makes a good faith effort to comply with the goals and requirements (Public Contract Code 2000-2002)

Protests by Bidders A bidder may protest a bid award if he/she believes that the award is not in compliance with law, Board policy, or the bid specification. A protest must be filed in writing with the Superintendent or designee within five working days after receipt of notification of the contract award and shall

Sample Policy – August 2013 Updates

AR 3311(e) BIDS (continued) include all documents supporting or justifying the protest. A bidder's failure to file the protest documents in a timely manner shall constitute a waiver of his/her right to protest the award of the contract. The Superintendent or designee shall review the documents submitted with the bidder's claims and render a decision in writing within 30 working days. The Superintendent or designee may also convene a meeting with the bidder in order to attempt to resolve the problem. The bidder may appeal the Superintendent or designee's decision to the Board. The Superintendent or designee shall provide reasonable notice to the bidder of the date and time for Board consideration of the protest. The Board's decision shall be final. Alternative Bid Procedures for Technological Supplies and Equipment Rather than seek competitive bids, the Board may use competitive negotiation when it makes a finding that a district procurement is for computers, software, telecommunications equipment, microwave equipment, or other related electronic equipment and apparatus. Competitive negotiation shall not be used to contract for construction or for the procurement of any product that is available in substantial quantities to the general public. (Public Contract Code 20118.2) The competitive negotiation process shall include, but not be limited to, the following requirements: (Public Contract Code 20118.2) 1. The Superintendent or designee shall prepare a request for proposals (RFP) that shall be

submitted to an adequate number of qualified sources, as determined by the district, to permit reasonable competition consistent with the nature and requirement of the procurement.

2. Notice of the RFP shall be published at least twice in a newspaper of general circulation,

at least 10 days before the date for receipt of the proposals. 3. The Superintendent or designee shall make every effort to generate the maximum feasible

number of proposals from qualified sources and shall make a finding to that effect before proceeding to negotiate if only a single response to the RFP is received.

4. The RFP shall identify all significant evaluation factors, including price, and their relative

importance. 5. The Superintendent or designee shall provide reasonable procedures for the technical

evaluation of the RFPs received, the identification of qualified sources, and the selection for the award of the contract.

Sample Policy – August 2013 Updates

AR 3311(f) BIDS (continued) 6. The Board shall award the contract to the qualified bidder whose proposal meets the

evaluation standards and will be most advantageous to the district with price and all other factors considered.

7. If the Board does not award the contract to the bidder whose proposal contains the lowest

price, then the Board shall make a finding setting forth the basis for the award. 8. The Board, at its discretion, may reject all proposals and request new RFPs. 9. Provisions in any contract concerning utilization of small business enterprises that are in

accordance with the RFP shall not be subject to negotiation with the successful proposer. Sole Sourcing In any contract for the construction, alteration, or repair of school facilities, the Superintendent or designee shall not draft the bid specification in a manner that: (Public Contract Code 3400) 1. Directly or indirectly limits bidding to any one specific concern 2. Calls for a designated material, product, thing, or service by a specific brand or trade

name, unless the specification is followed by the words "or equal," so that bidders may furnish any equal material, product, thing, or service

In any such case, the bid specification shall provide a time period, before and/or after the

award of the contract, for the contractor to submit data substantiating the request for substituting the designated material, product, thing, or service. If no such time period is specified, the contractor may submit the data within 35 days after the award of the contract.

When the bid is for a roof project, a material, product, thing, or service is considered "equal" to that designated if it is equal in quality, durability, design, and appearance; will perform the intended function equally well; and conforms substantially to the detailed requirements in the bid specification. (Public Contract Code 3002)

However, the Superintendent or designee may designate a specific material, product, thing, or service by brand or trade name (sole sourcing), if the Board has made a finding, described in the invitation for bids or RFP, that a particular material, product, thing, or service is designated for any of the following purposes: (Public Contract Code 3400) 1. To conduct a field test or experiment to determine its suitability for future use

Sample Policy – August 2013 Updates

AR 3311(g) BIDS (continued) 2. To match others in use on a particular public improvement that has been completed or is

in the course of completion

3. To obtain a necessary item that is only available from one source 4. To respond to the Board's declaration of an emergency, as long as the declaration has

been approved by four-fifths of the Board when issuing the invitation for bid or RFP (cf. 9323.2 - Actions by the Board) Bids Not Required Without advertising for bids and upon a determination that it is in the best interest of the district, the Board may authorize another public corporation or agency, by contract, lease, requisition, or purchase order, to lease data-processing equipment or to purchase materials, supplies, equipment, automotive vehicles, tractors, and other personal property for the district in the manner that the other public corporation or agency is authorized to make the leases or purchases from a vendor ("piggyback"). Alternatively, if the public corporation or agency has an existing contract with a vendor for the lease or purchase of personal property, the district may authorize the lease or purchase of personal property directly from the vendor and make payments under the same terms that are available to the public corporation or agency under the contract. (Public Contract Code 20118) (cf. 3300 - Expenditures and Purchases) In addition, upon a determination that it is in the best interest of the district and without advertising for bids, the Board may lease currently owned district property to any person, firm, or corporation for a minimum of $1 per year, as long the lease requires the person, firm, or corporation to construct a building or buildings on the property for the district's use during the lease and the property and building(s) will vest in the district at the expiration of the lease ("lease-leaseback"). (Education Code 17406) (cf. 3280 - Sale or Lease of District-Owned Real Property) Without advertising for bids, the Board may enter into an energy service contract and any related facility ground lease, when it determines that the terms of the contract and lease are in the best interest of the district. The Board's determination shall be made at a regularly scheduled public hearing of which notice is given to the public at least two weeks in advance and shall be based on cost comparison findings specified in Government Code 4217.12. (Government Code 4217.12) (cf. 3510 - Green School Operations) (cf. 3511 - Energy and Water Management) (cf. 9320 - Meetings and Notices)

Sample Policy – August 2013 Updates

AR 3311(h) BIDS (continued) Supplementary textbooks, library books, educational films, audiovisual materials, test materials, workbooks, instructional computer software packages, or periodicals may be purchased in any amount without taking estimates or advertising for bids. (Public Contract Code 20118.3) (cf. 6161.1 - Selection and Evaluation of Instructional Materials) (cf. 6161.11 - Supplementary Instructional Materials) (cf. 6163.1 - Library Media Centers) Perishable foodstuffs and seasonal commodities needed in the operations of cafeterias may be purchased through bid or on the open market. (Education Code 38083) (cf. 3551 - Food Service Operations/Cafeteria Fund) In an emergency when any repairs, alterations, work, or improvement to any school facility is necessary to permit the continuance of existing school classes or to avoid danger to life or property, the Board may, by unanimous vote and with the approval of the County Superintendent of Schools, contract for labor and materials or supplies without advertising for or inviting bids or may authorize the use of day labor or force account for the emergency purpose. (Public Contract Code 20113) (cf. 3517 - Facilities Inspection) Bids shall not be required for day labor under circumstances specified in Public Contract Code 20114. Day labor shall include the use of maintenance personnel employed on a permanent or temporary basis. (Public Contract Code 20114) The district may purchase any surplus property from the federal government or any of its agencies in any quantity needed for the operation of its schools without taking estimates or advertising for bids. (Education Code 17602) Update: Update: April 26, 2011 Update: March 24, 2009 Update: January 23, 2007 Regulation Approved: September 13, 2005

Sample Policy – August 2013 Updates

TULARE CITY SCHOOL DISTRICT Tulare, California

BUSINESS AND NONINSTRUCTIONAL OPERATIONS Travel Expenses RECOMMENDED ADOPTION OF UPDATED CSBA POLICY AS DEFINED BELOW:

Travel Expenses – BP 3350 Policy revised to prohibit use of a district credit card for personal expenses, even if the employee intends to reimburse the district. Policy also adds language on types of reimbursable travel expenses and nonreimbursable personal expenses, alignment of district mileage reimbursement rate with the Internal Revenue Service rate, options for reimbursement of meal costs, submission and approval of expense claim, employee's responsibility for costs incurred on improper claim, and repayment to district if actual costs are less than the cash advance received by the employee. See BP 3350

Business and Noninstructional Operations BP 3350(a) TRAVEL EXPENSES The Governing Board recognizes that district employees may incur expenses in the course of performing their assigned duties and responsibilities. To ensure the prudent use of public funds, the Superintendent or designee shall establish rules to keep such expenses to a minimum while affording employees a reasonable level of safety and convenience. (cf. 9250 - Remuneration, Reimbursement and Other Benefits) The Board shall authorize payment for actual and necessary travel expenses incurred by any employee performing authorized services for the district, whether within or outside district boundaries. (Education Code 44032) The Superintendent or designee shall establish procedures for the approval of travel requests and the submission and verification of expense claims. He/she also shall establish reimbursement rates in accordance with law and Board policy. He/she may authorize an advance of funds to cover necessary expenses. An employee shall obtain approval from the Superintendent or designee prior to traveling. The Superintendent or designee may approve travel requests in accordance with the adopted budget and upon determining that the travel is authorized or assigned by the employee's supervisor, is necessary to attend a conference or other staff development opportunity that will enhance employee performance, and/or is otherwise necessary to the performance of the employee's duties. Travel expenses not previously budgeted may be approved on a case-by-case basis by the Superintendent or designee if he/she determines that the travel is essential and that resources may be obtained or redirected for this purpose. (cf. 3100 - Budget) (cf. 3110 - Transfer of Funds) (cf. 4131 - Staff Development) (cf. 4231 - Staff Development) (cf. 4331 - Staff Development) Reimbursable travel expenses may include, but are not limited to, costs of transportation, parking fees, bridge or road tolls, lodging when district business reasonably requires an overnight stay, registration fees for seminars and conferences, telephone and other communication expenses incurred on district business, and other necessary incidental expenses. The district shall not reimburse personal travel expenses including, but not limited to, alcohol, entertainment, laundry, expenses of any family member who is accompanying the employee on district-related business, personal use of an automobile, and personal losses or traffic violation fees incurred while on district business. Except as otherwise provided, reimbursement of travel expenses shall be based on actual expenses as documented by receipts.

Sample Board Policy – August 2013 Updates

BP 3350(b) TRAVEL EXPENSES (continued) Authorized employees may be reimbursed for the use of their own private vehicles in the performance of assigned duties, on either a mileage or monthly basis as determined by the Superintendent or designee. (Education Code 44033) The mileage allowance provided by the district for employees' use of their private vehicles shall be equal to the rate established by the Internal Revenue Service. Vehicles should be shared whenever possible to minimize travel costs. No employee shall be entitled to reimbursement for automobile travel when he/she is transported free of charge or by another employee who is entitled to the expense reimbursement. Meal costs shall be reimbursed based on documented actual expenses within the maximum amounts established by the Superintendent or designee and based on the time of day that travel for district business begins and ends. When approved by the Superintendent or designee, an employee may be issued a district credit card for use while on authorized district business. Receipts documenting the expenses incurred on a district credit card shall be submitted promptly following return from travel. Under no circumstances shall personal expenses be charged on a district credit card, even if the employee intends to subsequently reimburse the district for the personal charges. When necessary, the Superintendent or designee may approve a cash advance, not to exceed the estimated out-of-pocket reimbursable expenses, to an employee authorized to travel on district business. Within 10 working days following return from travel, the employee shall submit a final accounting with all necessary supporting documentation. He/she shall refund to the district any amount of cash advance exceeding the actual approved reimbursable expenses. Legal Reference:

EDUCATION CODE 42634 Itemization of expenses 44016 Travel expense to employment interview 44032 Travel expenses 44033 Automobile allowance 44802 Student teacher's travel expense

Management Resources:

INTERNAL REVENUE SERVICE PUBLICATIONS Per Diem Rates (For Travel Within the Continental United States), Publication 1542 WEB SITES Internal Revenue Service: http://www.irs.gov U.S. General Services Administration, Per Diem Rates: http://www.gsa.gov/perdiem

Sample Board Policy – August 2013 Updates

BP 3350(c) TRAVEL EXPENSES (continued) Employment Candidates Whenever any person is requested by the district to travel to the district for the purpose of being interviewed and examined prior to possible employment, the district may reimburse such candidate for travel and lodging expenses necessarily incurred in traveling from his place of residence to the place of interview or examination. Legal Reference: Education Code 42634 Itemization of expenses 44016 Travel expense to employment interview 44032 Travel expenses

Update: Update: March 24, 2009

TULARE CITY SCHOOL DISTRICT Tulare, California

Policy adopted: September 13, 2005

Sample Board Policy – August 2013 Updates

Bid Tab Summary

Furniture and Installation

RFP # 14-22

Contrax Group, LLC/Contrax Furnishings, LLC

Enwork

Exemplis Corporation

Hertz Furniture

JSJ Furniture Corporation dba izzy+

Krueger International, Inc.

Mayline Company, LLC

Office Depot, Inc.

OFS Brands Holdings, Inc.

Teknion, LLC

The Gunlocke Company, LLC

The HON Company, LLC

Trendway Corporation

VS America, Inc.

The Cooperative Purchasing Network

Evaluation Criteria

Description Total Weighted

Value

Adden Furniture,

Inc.Allsteel, Inc.

American Seating

Company

AmTab

Manufacturing

Corporation

Anthro

International, Inc.

dba Sitmatic

Products/Pricing 40 33 37 33 26 32

Performance Capability 30 26 29 22 21 25

Qualification & Experience 20 17 18 17 16 18

Value Add 10 1 8 6 1 3

Total 100 77 92 78 64 78

It is recommended that the following contract award be made:

Contract

Furniture and Installation

Award

Allsteel Inc.

Artcobell Corporation and Midwest Folding Products

Contrax Group, LLC/Contrax Furnishings, LLC

Enwork

Exemplis Corporation

Hertz Furniture

JSJ Furniture Corporation dba izzy+

Krueger International, Inc.

Mayline Company, LLC

Office Depot, Inc.

OFS Brands Holdings, Inc.

Teknion, LLC

The Gunlocke Company, LLC

The HON Company, LLC

Trendway Corporation

VS America, Inc.

The Cooperative Purchasing Network

Evaluation Criteria

Description Total Weighted

Value

Products/Pricing 40

Performance Capability 30

Qualification & Experience 20

Value Add 10

Total 100

It is recommended that the following contract award be made:

Contract

Furniture and Installation

Award

Allsteel Inc.

Artcobell Corporation and Midwest Folding Products

Contrax Group, LLC/Contrax Furnishings, LLC

Enwork

Exemplis Corporation

Hertz Furniture

JSJ Furniture Corporation dba izzy+

Krueger International, Inc.

Mayline Company, LLC

Office Depot, Inc.

OFS Brands Holdings, Inc.

Teknion, LLC

The Gunlocke Company, LLC

The HON Company, LLC

Trendway Corporation

VS America, Inc.

Artcobell

Corporation and

Midwest Folding

Products

Artopex, Inc. BCI Eurobib USABretford

Manufacturing, Inc.Brodart Co.

34 33 31 32 32

26 24 20 26 24

17 15 15 16 16

6 3 1 4 1

83 75 67 78 73

The Cooperative Purchasing Network

Evaluation Criteria

Description Total Weighted

Value

Products/Pricing 40

Performance Capability 30

Qualification & Experience 20

Value Add 10

Total 100

It is recommended that the following contract award be made:

Contract

Furniture and Installation

Award

Allsteel Inc.

Artcobell Corporation and Midwest Folding Products

Contrax Group, LLC/Contrax Furnishings, LLC

Enwork

Exemplis Corporation

Hertz Furniture

JSJ Furniture Corporation dba izzy+

Krueger International, Inc.

Mayline Company, LLC

Office Depot, Inc.

OFS Brands Holdings, Inc.

Teknion, LLC

The Gunlocke Company, LLC

The HON Company, LLC

Trendway Corporation

VS America, Inc.

Contrax Group,

LLC/Contrax

Furnishings, LLC

Coyote School

FurnishingsCramer, LLC

D3 Inc. dba 9 to 5

SeatingDemco, Inc.

36 32 28 30 29

29 21 19 25 25

19 16 15 16 18

9 4 1 4 5

93 73 63 75 77

The Cooperative Purchasing Network

Evaluation Criteria

Description Total Weighted

Value

Products/Pricing 40

Performance Capability 30

Qualification & Experience 20

Value Add 10

Total 100

It is recommended that the following contract award be made:

Contract

Furniture and Installation

Award

Allsteel Inc.

Artcobell Corporation and Midwest Folding Products

Contrax Group, LLC/Contrax Furnishings, LLC

Enwork

Exemplis Corporation

Hertz Furniture

JSJ Furniture Corporation dba izzy+

Krueger International, Inc.

Mayline Company, LLC

Office Depot, Inc.

OFS Brands Holdings, Inc.

Teknion, LLC

The Gunlocke Company, LLC

The HON Company, LLC

Trendway Corporation

VS America, Inc.

Enwork ERG International Escato CorporationESI Ergonomic

Solutions

Exemplis

Corporation

36 33 30 31 32

24 22 22 23 25

17 16 15 17 18

4 1 4 4 7

81 72 71 75 82

The Cooperative Purchasing Network

Evaluation Criteria

Description Total Weighted

Value

Products/Pricing 40

Performance Capability 30

Qualification & Experience 20

Value Add 10

Total 100

It is recommended that the following contract award be made:

Contract

Furniture and Installation

Award

Allsteel Inc.

Artcobell Corporation and Midwest Folding Products

Contrax Group, LLC/Contrax Furnishings, LLC

Enwork

Exemplis Corporation

Hertz Furniture

JSJ Furniture Corporation dba izzy+

Krueger International, Inc.

Mayline Company, LLC

Office Depot, Inc.

OFS Brands Holdings, Inc.

Teknion, LLC

The Gunlocke Company, LLC

The HON Company, LLC

Trendway Corporation

VS America, Inc.

F.E. Hale Mfg. Co.

Fairway Holdings

dba Berco Furniture

Solutions

Fleetwood Group Groupe Lacasse, LLC Haskell Office, LLC

32 35 30 29 31

21 23 23 22 24

17 16 15 15 15

3 3 6 3 1

73 77 74 69 71

The Cooperative Purchasing Network

Evaluation Criteria

Description Total Weighted

Value

Products/Pricing 40

Performance Capability 30

Qualification & Experience 20

Value Add 10

Total 100

It is recommended that the following contract award be made:

Contract

Furniture and Installation

Award

Allsteel Inc.

Artcobell Corporation and Midwest Folding Products

Contrax Group, LLC/Contrax Furnishings, LLC

Enwork

Exemplis Corporation

Hertz Furniture

JSJ Furniture Corporation dba izzy+

Krueger International, Inc.

Mayline Company, LLC

Office Depot, Inc.

OFS Brands Holdings, Inc.

Teknion, LLC

The Gunlocke Company, LLC

The HON Company, LLC

Trendway Corporation

VS America, Inc.

Hertz FurnitureHigh Point Furniture

Industries, Inc.

Highmark Smart,

Reliable Seating,

Inc.

Indiana FurnitureInscape/Office

Specialty

33 34 32 34 33

27 23 25 24 23

19 16 18 17 16

4 3 3 3 4

83 76 78 78 76

The Cooperative Purchasing Network

Evaluation Criteria

Description Total Weighted

Value

Products/Pricing 40

Performance Capability 30

Qualification & Experience 20

Value Add 10

Total 100

It is recommended that the following contract award be made:

Contract

Furniture and Installation

Award

Allsteel Inc.

Artcobell Corporation and Midwest Folding Products

Contrax Group, LLC/Contrax Furnishings, LLC

Enwork

Exemplis Corporation

Hertz Furniture

JSJ Furniture Corporation dba izzy+

Krueger International, Inc.

Mayline Company, LLC

Office Depot, Inc.

OFS Brands Holdings, Inc.

Teknion, LLC

The Gunlocke Company, LLC

The HON Company, LLC

Trendway Corporation

VS America, Inc.

Interior Systems,

Inc.ISE, Inc.

James Edwards

Furniture

Jasper Group

(Jasper Seating

Company, Inc)

Jonti-Craft, Inc.

33 33 32 32

23 22 24 21

16 16 18 16

3 2 5 5

75 73 Non-Responsive 79 74

The Cooperative Purchasing Network

Evaluation Criteria

Description Total Weighted

Value

Products/Pricing 40

Performance Capability 30

Qualification & Experience 20

Value Add 10

Total 100

It is recommended that the following contract award be made:

Contract

Furniture and Installation

Award

Allsteel Inc.

Artcobell Corporation and Midwest Folding Products

Contrax Group, LLC/Contrax Furnishings, LLC

Enwork

Exemplis Corporation

Hertz Furniture

JSJ Furniture Corporation dba izzy+

Krueger International, Inc.

Mayline Company, LLC

Office Depot, Inc.

OFS Brands Holdings, Inc.

Teknion, LLC

The Gunlocke Company, LLC

The HON Company, LLC

Trendway Corporation

VS America, Inc.

JSJ Furniture

Corporation dba

izzy+

Krueger

International, Inc.Krug, Inc.

Lakeshore Learning

MaterialsLiat, LLC

35 35 32 28 33

25 28 24 25 24

19 19 17 18 17

7 8 5 6 1

86 90 78 77 75

The Cooperative Purchasing Network

Evaluation Criteria

Description Total Weighted

Value

Products/Pricing 40

Performance Capability 30

Qualification & Experience 20

Value Add 10

Total 100

It is recommended that the following contract award be made:

Contract

Furniture and Installation

Award

Allsteel Inc.

Artcobell Corporation and Midwest Folding Products

Contrax Group, LLC/Contrax Furnishings, LLC

Enwork

Exemplis Corporation

Hertz Furniture

JSJ Furniture Corporation dba izzy+

Krueger International, Inc.

Mayline Company, LLC

Office Depot, Inc.

OFS Brands Holdings, Inc.

Teknion, LLC

The Gunlocke Company, LLC

The HON Company, LLC

Trendway Corporation

VS America, Inc.

Magnuson Group,

Inc.

Mayline Company,

LLC

Metalworks Inc.

dba Great OpeningsMJ Industries, Inc.

Nickerson

Corporation

30 36 33 26 30

21 24 24 18 22

15 17 16 12 17

4 5 4 1 2

70 82 77 57 71

The Cooperative Purchasing Network

Evaluation Criteria

Description Total Weighted

Value

Products/Pricing 40

Performance Capability 30

Qualification & Experience 20

Value Add 10

Total 100

It is recommended that the following contract award be made:

Contract

Furniture and Installation

Award

Allsteel Inc.

Artcobell Corporation and Midwest Folding Products

Contrax Group, LLC/Contrax Furnishings, LLC

Enwork

Exemplis Corporation

Hertz Furniture

JSJ Furniture Corporation dba izzy+

Krueger International, Inc.

Mayline Company, LLC

Office Depot, Inc.

OFS Brands Holdings, Inc.

Teknion, LLC

The Gunlocke Company, LLC

The HON Company, LLC

Trendway Corporation

VS America, Inc.

Norix Group, Inc.Nu-Idea School

Supply Co., Inc.Office Depot, Inc.

OFS Brands

Holdings, Inc.

Paladin Caseworks,

Inc.

32 29 30 36 32

23 18 28 28 22

15 14 18 18 16

4 3 8 7 4

74 64 84 89 74

The Cooperative Purchasing Network

Evaluation Criteria

Description Total Weighted

Value

Products/Pricing 40

Performance Capability 30

Qualification & Experience 20

Value Add 10

Total 100

It is recommended that the following contract award be made:

Contract

Furniture and Installation

Award

Allsteel Inc.

Artcobell Corporation and Midwest Folding Products

Contrax Group, LLC/Contrax Furnishings, LLC

Enwork

Exemplis Corporation

Hertz Furniture

JSJ Furniture Corporation dba izzy+

Krueger International, Inc.

Mayline Company, LLC

Office Depot, Inc.

OFS Brands Holdings, Inc.

Teknion, LLC

The Gunlocke Company, LLC

The HON Company, LLC

Trendway Corporation

VS America, Inc.

Palmieri Furniture

LimitedPaoli, LLC

Phoenix Safe

International, LLC

Rapp Productions,

Inc. dba

FurnitureLab

RT London

31 33 23 33 35

22 25 16 24 24

16 16 13 15 17

2 4 2 4 2

71 78 54 76 78

The Cooperative Purchasing Network

Evaluation Criteria

Description Total Weighted

Value

Products/Pricing 40

Performance Capability 30

Qualification & Experience 20

Value Add 10

Total 100

It is recommended that the following contract award be made:

Contract

Furniture and Installation

Award

Allsteel Inc.

Artcobell Corporation and Midwest Folding Products

Contrax Group, LLC/Contrax Furnishings, LLC

Enwork

Exemplis Corporation

Hertz Furniture

JSJ Furniture Corporation dba izzy+

Krueger International, Inc.

Mayline Company, LLC

Office Depot, Inc.

OFS Brands Holdings, Inc.

Teknion, LLC

The Gunlocke Company, LLC

The HON Company, LLC

Trendway Corporation

VS America, Inc.

Saxton Bradley, Inc.Scholar Craft

Products, IncSchool Outfitters

School Specialty,

Inc.Sedia Systems, Inc.

34 33 24 28 31

20 22 23 27 26

16 16 17 18 16

5 3 4 6 5

75 74 68 79 78

The Cooperative Purchasing Network

Evaluation Criteria

Description Total Weighted

Value

Products/Pricing 40

Performance Capability 30

Qualification & Experience 20

Value Add 10

Total 100

It is recommended that the following contract award be made:

Contract

Furniture and Installation

Award

Allsteel Inc.

Artcobell Corporation and Midwest Folding Products

Contrax Group, LLC/Contrax Furnishings, LLC

Enwork

Exemplis Corporation

Hertz Furniture

JSJ Furniture Corporation dba izzy+

Krueger International, Inc.

Mayline Company, LLC

Office Depot, Inc.

OFS Brands Holdings, Inc.

Teknion, LLC

The Gunlocke Company, LLC

The HON Company, LLC

Trendway Corporation

VS America, Inc.

ShuttleSystem, LLC

aka NavettaSICO America, Inc.

South Texas School

Furniture (a division

of Lavaca County

Office Supply, Inc.)

Spectrum

Industries, Inc.Teknion, LLC

30 33 30 31 37

24 24 23 24 27

15 17 15 16 18

3 4 4 4 7

72 78 72 75 89

The Cooperative Purchasing Network

Evaluation Criteria

Description Total Weighted

Value

Products/Pricing 40

Performance Capability 30

Qualification & Experience 20

Value Add 10

Total 100

It is recommended that the following contract award be made:

Contract

Furniture and Installation

Award

Allsteel Inc.

Artcobell Corporation and Midwest Folding Products

Contrax Group, LLC/Contrax Furnishings, LLC

Enwork

Exemplis Corporation

Hertz Furniture

JSJ Furniture Corporation dba izzy+

Krueger International, Inc.

Mayline Company, LLC

Office Depot, Inc.

OFS Brands Holdings, Inc.

Teknion, LLC

The Gunlocke Company, LLC

The HON Company, LLC

Trendway Corporation

VS America, Inc.

Tesco Industries, LPThe Gunlocke

Company, LLC

The HON Company,

LLC

Trearc Brands, Inc.

dba EKO

Trendway

Corporation

34 35 38 34 37

24 26 29 25 27

18 17 19 16 18

1 6 8 1 7

77 84 94 76 89

The Cooperative Purchasing Network

Evaluation Criteria

Description Total Weighted

Value

Products/Pricing 40

Performance Capability 30

Qualification & Experience 20

Value Add 10

Total 100

It is recommended that the following contract award be made:

Contract

Furniture and Installation

Award

Allsteel Inc.

Artcobell Corporation and Midwest Folding Products

Contrax Group, LLC/Contrax Furnishings, LLC

Enwork

Exemplis Corporation

Hertz Furniture

JSJ Furniture Corporation dba izzy+

Krueger International, Inc.

Mayline Company, LLC

Office Depot, Inc.

OFS Brands Holdings, Inc.

Teknion, LLC

The Gunlocke Company, LLC

The HON Company, LLC

Trendway Corporation

VS America, Inc.

Trinity FurnitureVanerum Stelter

Acquisition, LLCVersteel

VIA Inc. (Via

Seating)VS America, Inc.

32 32 34 28 32

25 22 26 22 27

16 14 17 13 18

5 4 2 1 4

78 72 79 64 81

The Cooperative Purchasing Network

Evaluation Criteria

Description Total Weighted

Value

Products/Pricing 40

Performance Capability 30

Qualification & Experience 20

Value Add 10

Total 100

It is recommended that the following contract award be made:

Contract

Furniture and Installation

Award

Allsteel Inc.

Artcobell Corporation and Midwest Folding Products

Contrax Group, LLC/Contrax Furnishings, LLC

Enwork

Exemplis Corporation

Hertz Furniture

JSJ Furniture Corporation dba izzy+

Krueger International, Inc.

Mayline Company, LLC

Office Depot, Inc.

OFS Brands Holdings, Inc.

Teknion, LLC

The Gunlocke Company, LLC

The HON Company, LLC

Trendway Corporation

VS America, Inc.

Watson Furniture

Group, Inc.

34

24

13

6

77

CHANGE ORDER

Project: Tulare City School District - Solar Project Maple Change Order #: 13-1-12406-10 - CO-003600 N. Cherry AvenueTulare, CA Change Order Date: 04/01/15

Contractor: Cupertino Electric, Inc. Contract For: Add Site Lighting to Solar Projects1132 North Seventh StreetSan Jose, CA 95112 Contract Date: 10/15/14

You are directed to make the following changes in this Contract: Add Site Lighting to Solar Projects, as requested by owner 26,681.00$ Deduct, Central Kitchen DSA Review (7,827.93)$

Total 18,853.07$

The original Contract Sum was. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337,504.53$ Net Change by previously authorized Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -$ The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337,504.53$ The Contract Sum will be increased by this Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18,853.07$ The new Contract Sum including this Change Order will be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356,357.60$ The Contract Time will be changed by an additional time of: 10 DaysThe Date of Substantial Completion as of the date of this Change Order will be 24-Jul

Agreed to: Agreed to: Agreed to:

Tulare City School District CUPERTINO ELECTRIC, INC. Terra Verde Renewable Partners

600 N. Cherry Ave. 1132 N. Seventh St., San Jose, CA 1100 Larkspur Landing Circle St.155, Larkspur, CA 94939ADDRESS ADDRESS ADDRESS

BY DATE BY DATE BY DATE

This Change Order will not constitute as valid until it is signed by the Owner and the Contractor.

Form Date: November 22, 2004

CHANGE ORDER

Project: Tulare City School District - Solar Project Wilson Change Order #: 13-1-12406-17 - CO-003600 N. Cherry AvenueTulare, CA Change Order Date: 04/01/15

Contractor: Cupertino Electric, Inc. Contract For: Add Site Lighting to Solar Projects1132 North Seventh StreetSan Jose, CA 95112 Contract Date: 10/15/14

You are directed to make the following changes in this Contract: Add Site Lighting to Solar Projects, as requested by owner 28,638.00$

Total 28,638.00$

The original Contract Sum was. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417,194.35$ Net Change by previously authorized Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -$ The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 417,194.35$ The Contract Sum will be increased by this Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28,638.00$ The new Contract Sum including this Change Order will be . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 445,832.35$ The Contract Time will be changed by an additional time of: 10 DaysThe Date of Substantial Completion as of the date of this Change Order will be 24-Jul

Agreed to: Agreed to: Agreed to:

Tulare City School District CUPERTINO ELECTRIC, INC. Terra Verde Renewable Partners

600 N. Cherry Ave. 1132 N. Seventh St., San Jose, CA 1100 Larkspur Landing Circle St.155, Larkspur, CA 94939ADDRESS ADDRESS ADDRESS

BY DATE BY DATE BY DATE

This Change Order will not constitute as valid until it is signed by the Owner and the Contractor.

Form Date: November 22, 2004

SHowarth

Typewritten Text

H-3

PROPOSAL REQUEST NO.:

DATE:

PROJECT NAME

PROJECT NO. PROJECT ADDRESS

OWNER ADDRESS

ARCHITECT ADDRESS

PRIME CONTRACTOR ADDRESS

DESCRIPTION OF REQUESTED CHANGE

1A 1.)

1B 2.)

1C 3.)

1D 4.)

1E 5.)

2

3

4

5 PRIME CONTRACTOR DIRECT LABOR

6 PRIME CONTRACTOR DIRECT MATERIAL

7 PRIME CONTRACTOR EQUIPMENT

8

9

10

11

12 TAXES ON MATERIAL AND EQUIPMENT

13

14

15

16

17

PRIME CONTRACTOR AUTHORIZED REPRESENTATIVE (Print Name & Title and Sign) DATE

Michael H. Domres, VP, PM 4/20/2015

877.00$

SUBTOTAL (Line 4 + 13) u

-$

-$

-$

(877.00)$

949.00$

-$

(877.00)$

ADDITIONAL TIME EXTENSION REQUEST:

877.00$

0.00%PRIME FEE ON OWN WORK

BOND PREMIUM 2.50% (Of Line 14) 24.00$

TOTAL CHANGE ORDER COST (Line 14 + 15) u 973.00$

PAYROLL TAXES & INSURANCE

003

4/20/2015

PYRAMID SYSTEMS, INC. (Proposal dated 04/02/2015)

PHONE FAX

CONSTRUCTION CHANGE ORDER COST

SUMMARY (PRIME CONTRACTOR)

(C)

-$

-$

-$

Changes to Cabinet Design: Reception 16 - Plastic Laminate Swing Gates & Bommer Hinges; Conference 15 - Labor to apply

15430 AVENUE 296 559.733.0146 559.733.5364ATKINS ENTERPRISES, INC.

ADDITIONAL COSTS RELATED TO ARCHITECT'S 'COLOR SCHEDULE' DATED 03/25/2015 (Rec'd via Email 04/02/2015)

Plastic Laminate @ Cabinet Doors - Two (2) Colors per Panel

SUBCONTRACTOR

PROPOSAL(S)

(A)

ITEMADDED WORK

(COST)

OMITTED WORK

(COST)

RFI #

601 N. DELWOOD ST., TULARE, CA 93274

PHONE FAX

(B)

-$

1,660.00$

LINE

NO.

-$

-$

-$

-$

-$

10.00%PRIME FEE ON SUBCONTRACTOR(S)(Of Line 2)

1,660.00$

-$

(Of Line 9)

TOTAL SUBCONTRACTOR COST u

(Of Line 5)0.00%

DELETE DOOR TYPE 'D' (19 & 20) 3030 OAK

TOTAL u

-$

CENTRAL KITCHEN OFFICE ADDITION

SCOTT & ASSOCIATES 1009 N. DEMAREE, VISALIA, CA 93291 559.627.1851 559.627.1876

PHONE FAX

TULARE CITY SCHOOL DISTRICT 600 N. CHERRY ST., TULARE, CA 93274 559.685.7200 559.685.7248

1401 C

TOTAL PRIME CONTRACTOR COST u

TOTAL DIRECT COST u

NET DIRECT COST (Line 8, Col. C - Col. B) u

0.00%

877.00$

166.00$

1,826.00$

-$

-$

-$ (Of Line 6 and 7)

-$ -$

-$

-$

877.00$