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REVISED

GARVEY SCHOOL DISTRICT

Rosemead, California

PUBLIC NOTICE REGULAR MEETING

BOARD OF EDUCATION

February 4, 2016

Closed Session . . . . . . 6:30 P.M.

Open Session . . . . . . . 7:00 P.M.

Education Center

2730 No. Del Mar Ave.

Rosemead, California

Additional items, if necessary, will be posted on the bulletin board of the administration office prior to 5:00 P.M. on

February 1, 2016. Background materials on the listed agenda items are also available for public viewing in the

Superintendent’s Office located at 2730 No. Del Mar Ave., Rosemead, CA 91770.

Any person with a disability who wishes to attend a public meeting and who requires aides or services in order to

participate in the public meeting, can contact the Superintendent’s Office at (626) 307-3444 at least 48 hours prior

to the public meeting to request any disability-related modification or accommodation, including auxiliary aids or

services.

BOARD MEETINGS WILL BE RECORDED IN ACCORDANCE WITH BOARD BYLAW 9324

____________________________________________________________________________________

AGENDA

1. Call to Order

2. Roll Call

3. Pledge of Allegiance to the Flag

4. Public Comment Period for Closed Session Agenda Items

(Please submit a Request to Address the Board form prior to the beginning of the meeting.)

5. Motion to go into Closed Session

6. Closed Session Agenda

A. Personnel Matters (pursuant to Gov. Code Sec. 54957)

B. Conference with Labor Negotiators (Pursuant to Gov. Code Sec. 3549.1)

Conference with labor negotiators, Genaro Alarcon and Anita Chu

Regarding bargaining unit: GEA; CSEA, Chapter 292;

Management; Confidential and other unrepresented employees

7. Reconvene into Public Session

8. Report of Action Taken in Closed Session

9. Communications/Reports from the Board and Superintendent

Board of Education Agenda

February 4, 2016

10. Reports from Union Representatives

GEA

CSEA

11. Reports from District Representatives

PTA

SELPA Community Advisory Committee (CAC)

12. Report from Head Start Representative

13. Hearing of Persons in the Audience

Members of the public wishing to address the Board should complete a “Request to Address the

Board” and turn it into the Board Secretary prior to the start of the public session. As a

reminder, a Board Meeting is a meeting held in public, not a public meeting, and the primary

purpose is to conduct the business of the Board. Comments are limited to five (5) minutes.

When your name is called, please state your name as you begin your remarks. There is a

twenty-five-minute limit per item as per Board Bylaw 9323, which governs this matter. The

Board cannot legally take action on matters not posted on the public agenda, but will refer the

matter to the Superintendent for review and report.

14. Consent Agenda (Contracts for approval are available for viewing in the Superintendent’s Office)

A. Board/Superintendent

1. Approval of Minutes 1

Regular Meeting – January 14, 2016

2. Conference/Convention Attendance 2

It is recommended that the Board of Education approve requests for conference

and convention attendance as presented.

B. Human Resources

1. Personnel Assignment Order 15-16-09 3

It is recommended that the Board of Education approve the Personnel

Assignment Report No. 15-16-09 as presented.

2. Unrepresented Salary Schedule Revisions 4

It is recommended that the Board of Education approve the recommended

changes needed to update the unrepresented salary schedule.

C. Learning Support Services

1. 2015-16 Single Plans for Student Achievement 5

It is recommended that the Board of Education approve the 2015-16 Single

Plans for Student Achievement for the following elementary and intermediate

schools: Arlene Bitely, Dewey Avenue, Ralph Waldo Emerson, Hillcrest,

Monterey Vista, Eldridge Rice, George Sanchez, Frances Willard, Richard Garvey,

and Roger Temple; as required by Education Code Section 64001.

2. Astro Camp Outdoor Education 6

It is recommended that the Board of Education approve the attendance of sixty-one

sixth grade students, two teachers and eight volunteers from Hillcrest School to

attend the Astro Camp in Idyllwild, from February 8, 2016 through February 10,

2016 at an estimated cost of $16,215.00; to be paid by donations, fundraising via

ASB, LCAP and Title I funds.


February 4, 2016

D. Student Support Services - No Items

1. Contract Ratification – Soliant health, Inc. (School Psychologist) 7

It is recommended that the Board of Education ratify the 2015-16 contract with

Soliant Health, Inc. to provide one credentialed School Psychologist from

February 1, 2016 to June 10, 2016, at a total cost not to exceed $45,675

plus mileage reimbursement expense.

2. Contract Amendment – Star of California dba E.R.A. Education (Behavior 8

Intervention Services)

It is recommended that the Board of Education approve to increase funds

to the 2015-16 contract with Star of California dba E.R.A. Education

for behavior intervention services to a total amount not to exceed $80,520.

E. Business Services

1. Purchase Order Report 15-16-09 9

It is recommended that the Board of Education approve Purchase Order Report

No. 15-16-09 as presented.

2. Appropriation Transfers 10

It is recommended that the Board of Education approve the Appropriation

Transfers as presented.

3. Agreement Renewal – City of Rosemead (Jess Gonzalez Sports Complex at 11

Temple Intermediate School

It is recommended that the Board of Education renew the Agreement with

the City of Rosemead on a joint use of the Jess Gonzalez Sports Complex at

Temple Intermediate School for community recreation activities for five years

commencing February 5, 2016.

15. Reports and Information Items

A. District Facility and Technology Needs 12

B. Bond Program Overview (by Isom Advisors) 13

16. Action Items

A. Exploration of Bond Measure Feasibility 14

It is recommended that the Board of Education approve to explore the feasibility of

a bond measure for the Garvey School District.

B. Services Agreement – Isom Advisors (Bond Consultant) 15

It is recommended that the Board of Education approve the agreement with Isom

Advisors to conduct a bond community survey at a cost of $5,000 to be paid by General

Fund, and to provide financial advisory services subsequently upon passage of the Bond

at a cost of $65,000 $60,000 per series to be funded from Bond proceeds.

17. Other Items of Interest to the Board

18. Public Agenda Items - None Members of the public may request that a matter within the jurisdiction of the Board placed on the

agenda of a regular meeting. The request must be in writing and be submitted to the Board

secretary with supporting documents and information, if any; at least eight (8) work days prior to

the scheduled meeting date.


February 4, 2016

19. Future Meetings

A list of future meetings and potential agenda topics will be reviewed.

Meeting Date Agenda Topic

February 10, 2016 (Special Meeting) Board Retreat

February 25, 2016

March 10, 2016

April 7, 2016

20. Adjourn

GARVEY SCHOOL DISTRICT REVISED

ACTION AGENDA ITEM

AGENDA NO:

14.A.2.

TOPIC:

Conference/Convention Attendance

SUBMITTED BY:

Anita Chu, Superintendent

RECOMMENDED BY:


DATE ASSIGNED FOR CONSIDERATION:

February 4, 2016

RECOMMENDATION:

It is recommended that the Board of Education approve requests for conference and

convention attendance as presented.

RATIONALE

Authorize attendance in accordance with Board Policies/Administrative Regulations 9250, 4133/4233/4333.

RATIFY

David Jung SCALE 14X The Gen. Fund Pasadena $ 285.00 Jan. 21-24, 2016

Fourteenth Annual

So. Calif. Linux Expo

Anita Chu Assoc. of Calif. School Gen. Fund Monterey $2,091.00 Jan. 25-29, 2016

Admin. Superintendents’

Symposium

Blanca Ramos AESOP Certification Gen. Fund San Diego $1,421.94 Feb. 9-10, 2016

Course (Online web-

based employee absence

reporting Software)

APPROVE

Carol Mehochko CATE (California Title II Costa Mesa $6,882.64 Feb. 19-21, 2016

Minh Anderson Assoc. of Teachers of

Mary Louise Anderson English) 2016

Myriame Steep

Robert Richardson

Alayna Sato

May Tam

Jennifer Rojas

Maricela Barba Pupil Attendance Gen. Fund Ontario $ 510.00 March 1, 2016

Liliane Awadalla Accounting Strategies

For Business Office

Personnel

David Jung CUE 2016 (Computer Gen. Fund Palm Springs $2,015.00 March 16-19, 2016

Christine Chow User Educators)

Isabel Johnson Powerful Learning

Ken Tang CUE 2016 (Computer Title I Palm Springs $2,519.50 March 17-19, 2016

Jose Cardenas Using Educators)

National Conference

Annett Johnson Shared Interactive Gen Fund Downey $74.04 February 17, 2016

Reading Preschool

Learning Foundation

and Preschool

Curriculum Framework

Volume I, Language

and Literacy: Dialog

Reading


ACTION AGENDA ITEM

AGENDA NO:

14.B.1.

TOPIC:

Personnel Assignment Order #9

SUBMITTED BY:

Genaro Alarcón, Assistant Superintendent, Human Resources

RECOMMENDED BY:

Genaro Alarcón, Assistant Superintendent, Human Resources


February 4, 2016

RECOMMENDATION:

It is recommended that the Board of Education approve the Personnel Assignment

Report as presented.

RATIONALE

CERTIFICATED

RATIFY EMPLOYMENT of the following certificated staff to work on PBIS Collaboration at Rice School

effective January 15, 2016, through May 31, 2016, not to exceed 20 hours per person; to be paid at the rate of

$30.00 per hour from LCAP Funds

Lisa Chew Connie Jameson Kelly Martinchuk

Karla Villarroel

RATIFY EMPLOYMENT of the following certificated staff to work in the After School Tutoring Program for

below and at grade level students at Monterey Vista School effective January 19, 2016, through May 13, 2016, not

to exceed 45 hours; to be paid at the rate of $30.00 per hour from LCAP Funds

Peter Navarrette

RATIFY EMPLOYMENT of the following certificated staff to assist with benchmark review and editing

effective January 14, 2016, through May 30, 2016, not to exceed 15 hours; to be paid at the rate of $30.00 per hour

from General Funds

Gloria Garcia-Miranda

APPROVE EMPLOYMENT of the following Substitute Teacher effective February 5, 2016, to be paid from

General, Special Education, Categorical and LCAP Funds

Jeffrey Zimler

APPROVE LEAVE OF ABSENCE

Lorelei Cisneros Teacher April 1, 2016 – June 10, 2016 Personal

RATIFY EMPLOYMENT of the following certificated staff to work in the Language Arts Intervention

Program at Bitely School effective January 4, 2016, through June 10, 2016, not to exceed 20 hours; to be paid

at the rate of $30.00 per hour from LCAP Funds

Alice Maan

RATIFY EMPLOYMENT of the following certificated staff to work in the After School Reading

Intervention Program at Sanchez School effective January 7, 2016, through April 28, 2016, not to exceed 25

hours; to be paid at the rate of $30.00 per hour from LCAP Funds

Gabriela Acevedo-Marchionne

APPROVE EMPLOYMENT of the following certificated staff to participate in the Search and Rescue

Training effective on February 11, 2016, not to exceed 2 hours per person; to be paid at the rate of $30.00

per hour from General Funds

Michael Arellanes Ken Ballentine Claudia Barajas

Roberto Barboza Julie Bender David Celis

Alan Chan Larry Chang Manuel Chan-Lee

Dean Furnish Sean Green Stephanie Trosen-Gutierrez

Anthony Ha Cindy Hsu Michael Kenny

Mark Lalla Laura Mac Gabriela Acevedo-Marchionne

Brian Martinez Garrett Matsumoto Audrey Matsumoto

Lucy Middleton Michael Naka Phuong Nguyen

Michael Oyler Tai Phan Andreana Perez

Phillip Posada Jennifer Rogers Jason Sakamoto

Scott Sakamoto Griselda Salazar Irma Salcedo

May Tam Kenneth Tang Samuel Tjiong

Mark Valdez Frank Villagomez Karla Villarroel

George Woo

APPROVE EMPLOYMENT of the following certificated staff to participate in Positive Behavior

Intervention Support Program Coaches’ Meetings effective February 5, 2016, through June 30, 2016, not to

exceed 10 hours per person; to be paid at the rate of $30.00 per hour from LCAP Funds

Becky Hum Calvin Ly Judie Berger

Teresa Rodriguez Kenneth Tang Karla Villarroel

Irma Salcedo Diana Rodriguez Michelle Venegas

Elizabeth Reyes-Aceytuno

APPROVE EMPLOYMENT of the following Substitute Teacher effective February 5, 2016, to be paid from

General, Special Education, Categorical and LCAP Funds

Winnie Bo Elizabeth Hurley Ashley Nava

Gladys Ann Samson

CLASSIFIED

APPROVE EMPLOYMENT of the following Attendance Technician to work on an extra assignment to assist with

clerical work from February 5, 2016 to March 25, 2016, 1 hour per day, Temple Intermediate; to be paid from General

Funds

Selena Giang

RATIFY EMPLOYMENT of the following Library Media Technician to work on an extra assignment for After

School Reading Intervention Program from January 7, 2016 to April 28, 2016, 1 hour per week, not to exceed 25

hours, Sanchez School; to be paid from LCAP Funds

Judith Fabian

RATIFY EMPLOYMENT of the following staff members to work on an extra assignment for Positive Behavior

Intervention and Support Professional Development from November 1, 2015 to June 30, 2016, not to exceed 10

hours per person, Dewey School; to be paid from LCAP Funds

Arisveth Alejandre Razo Geraldine Batalla Patricia Hernandez

Yvonne Ip James Salazar Alessandra Battaglia

Marlene Flores Melissa Torres Susan Hernandez

Margarita Lam Gilda Morales Carmen Sanchez

Olivia Sandoval

APPROVE EMPLOYMENT of the following Noon Yard Duty Aides to work on an as needed basis effective

February 8, 2016; to be paid from General Funds

Leticia Caraveo Maribel Pimienta

APPROVE EMPLOYMENT of the following Child Care Providers to work on an as needed basis effective

February 8, 2016; to be paid from Head Start/State Preschool Funds

Yesenia Gutierrez Desirae Sales Cristal Sanchez

APPROVE CHANGE OF POSITION of the following staff member from Food Service Assistant, 4 hours per day,

9.5 month position, Bitely, to Custodian I, 8 hours per day, 12 month position, Temple Intermediate effective


Phillip Mora

APPROVE CHANGE OF POSITION/STATUS of the following staff member from Substitute Custodian I, to

Custodian I, 6 hours per day, 12 month position, Head Start/State Pre School effective February 8, 2016; to be

paid from Head Start/State Preschool Funds

Jessica De Leon

APPROVE CHANGE OF POSITION/STATUS of the following staff member from Substitute Custodian I to

Custodian I, 6 hours per day, 12 month position, Rice School/ Head Start State Pre School effective February 8,

2016; to be paid from Head Start State Pre School/General Funds

Ramon Huizar

APPROVE CHANGE OF POSITION of the following staff member from Custodian II, 8 hours per day, Garvey

Intermediate, to Maintenance II, General Worker, 8 hours per day, 12 month position effective February 16, 2016;

to be paid from General Funds

Filimon Garcia

APPROVE EMPLOYMENT of the following Substitute Custodian to work on an as needed basis effective


Erika Gamboa

APPROVE EMPLOYMENT of the following Campus Supervisor to work on an extra assignment to attend

Professional Development on Search and Rescue Training, not to exceed 2 hours on February 11, 2016, to be paid

from General Funds

Elizabeth Mulero

APPROVE EMPLOYMENT of the following Library Media Technician to work on an extra assignment to attend

Professional Development on Search and Rescue Training, not to exceed 2 hours on February 11, 2016, to be paid

from General Funds

Rosa Wong

ACCEPT RESIGNATION

George Riestra Campus Security Supervisor February 6, 2016 Found other employment

Source of Funding

M & O

Budget

State

Grant

Federal

Grant

Capital

Other


ACTION AGENDA ITEM

AGENDA NO:

16.B.

TOPIC:

Services Agreement – Isom Advisors (Bond Consultant)

SUBMITTED BY:


RECOMMENDED BY:



February 4, 2016

RECOMMENDATION:

It is recommended that the Board of Education approve the agreement with Isom

Advisors to conduct a bond community survey at a cost of $5,000 to be paid by General

Fund, and to provide financial advisory services subsequently upon passage of the Bond

at a cost of $65,000 $60,000 per series to be funded from Bond proceeds.

RATIONALE

Isom Advisors is a full service planning and financial advisory firm that serves California school districts on bond

programs. With over 50 years experience, Isom Advisors has been the leading financial advisor to school districts

and has assisted 37 school districts pass bond or tax measures in 2012 and 40 school districts in 2014. These

districts include: Azusa USD, Bassett USD, Whittier City ESD, Inglewood USD, Torrance USD, and Redondo

Beach USD.

In 2013, the District contracted Isom Advisors to conduct a bond survey and the results were presented to the

Board of Education indicating favorable community support. It is recommended that the Board of Education

approve the agreement with Isom Advisors to provide the following services:

1) Survey

The services include the creation of the survey instrument, the telephone calls, interpretation of the data

from the survey, and the presentation of survey results to the District.

The cost is not to exceed $5,000 to be paid from General Fund.

2) Financial Advisory Services

Primary services include: assist District in preparing a capital and financing plan based on District's

project needs; analyze the assessed valuation of District, calculate bonding capacity, and perform

financial analysis to determine possible bond proceeds; prepare tax rate statement and estimates of tax

rates for bond program; analyze the bond market to determine timing, credit enhancement requirements,

structure, bond amount, legal documentation requirements, rating requirements, and method of sale;

manage bond issuance process; prepare rating agency and insurer presentation; manage bond sale, pre-

closing and closing.

The fee of $65,000 $60,000 for each series of Bonds sold and the reimbursement of expenses (e.g.,

mileage and meals) not to exceed $550 will be on a contingent basis, to be funded from the Bond

proceeds.

Source of Funding

M & O

Budget

State

Grant

Federal

Grant

Capital

Other

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CONSULTING SERVICES AGREEMENT

This CONSULTING SERVICES AGREEMENT (this “Agreement”) is dated as of the

latest date set forth on the signature page hereto (the “Effective Date”) and is entered into by

and between Isom Advisors, a Division of Urban Futures Inc., a California corporation

(“Advisor”), and Garvey School District (“District”).

RECITALS

WHEREAS, District wishes to issue certain bonds (the “Bonds”) and desires that

Advisor provide to District certain Consulting Services (defined below) with respect to the

Bonds; and

WHEREAS, Advisor desires to provide to District certain Consulting Services with

respect to the Bonds on the terms and subject to the conditions set forth in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants, agreements,

representations, and warranties contained in this Agreement, the parties agree as follows:

AGREEMENT

1. STATUS OF ADVISOR. The parties intend that the Advisor, in performing

the services herein specified, shall act as an independent contractor and shall have control of the

work and the manner in which it is performed. The Advisor is not to be considered an agent or

employee of the District and is not entitled to participate in any pension plans, insurance, bonus

or similar benefits the District provides its employees.

2. CONSULTING SERVICES. District hereby retains Advisor to perform (i) the

financial advisory services set forth on Exhibit A hereto (the “Financial Advisory Services”),

and Advisor hereby agrees to perform the Consulting Services pursuant to the terms and

conditions of this Agreement.

3. EFFECTIVE DATE, TERM AND CONDITIONS. This Agreement shall be

effective as of the Effective Date and shall remain in effect (i) until the date of issuance of the

final series of Bonds, including any subsequent refinancings of Bonds or (ii) the later 5-year

(five-year) anniversary of the Effective Date (the “Term”). The parties may extend the Term for

successive 1-year (one-year) periods upon mutual agreement, or otherwise as the parties may

agree.

4. COMPENSATION. Compensation for the Consulting Services provided to

District pursuant to this Agreement shall be as set forth in this Section 4. All fees and expenses

are contingent on the success of the Bond and sale of Bonds with exception of Survey/Voter

Opinion Poll Services. Fees for Survey/Voter Opinion Poll Services shall be paid from the

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District’s general fund or other allowable sources. Fees for Financial Advisory Services shall be

paid out of proceeds received by the District resulting from the sale of Bonds.

a. Fees.

i. For Survey/Voter Opinion Poll Services. The fees for the survey

will not exceed Five Thousand Dollars ($5,000) and are to be paid upon presentation of results

to the District. This sum covers the expenses for the creation of the initial survey instrument,

cost of the telephone calls, interpretation of the data from the survey, and the presentation of

survey results to District.

ii. For Financial Advisory Services, District shall pay to Advisor a fee

of Sixty Thousand Dollars ($60,000) for each series of Bonds sold, payable upon the closing of

each series of Bonds (including, without limitation, the first).

b. Expenses.

i. District shall reimburse Advisor for out-of-pocket expenses

incurred by Advisor in the course of performance of Consulting Services at the actual cost of

such expenses, not to exceed Five Hundred and Fifty Dollars ($550). Payment for any expenses

pursuant to this Section 3(b) shall be made at the next following due date for payment of a fee

pursuant to Section 3(a).

5. COVENANTS.

a. District.

i. Access to Personnel. District will cooperate with Advisor by

providing opportunities to consult with District personnel as Advisor deems reasonably

necessary to perform the Consulting Services.

ii. Information. District agrees to provide on a timely, diligent and

accurate basis, and to the best extent possible, all necessary information reasonably requested

by Advisor for the purpose of performing the Consulting Services.

iii. Additional Professional Services. District agrees to provide or

authorize additional professional services (e.g., legal counsel, paying agent) as Advisor deems

reasonably necessary to complete the Consulting Services and the Bond issuance.

iv. Further Assurances. District agrees to take such further actions as

may be necessary or appropriate to effectuate, carry out and comply with all of the terms of this

Agreement and the transactions contemplated hereby.

b. Advisor.

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i. Compliance with Laws. Advisor shall, at all times, comply with

all laws, rules and regulations related to the subject matter of this Agreement and to which

Advisor is subject.

6. LIMITATION OF LIABILITY.

a. Advisor Liability. The parties agree that Advisor’s officers, directors,

agents and employees shall not be personally liable to District for any damages in connection

with this Agreement. Advisor shall be solely liable for any finally determined damages in

connection with this Agreement for which Advisor is deemed liable.

b. Limitation of Advisor Liability. Except to the extent finally determined

to have resulted from the gross negligence, fraud or willful misconduct of Advisor, Advisor’s

liability to pay damages for any damages, losses and claims incurred by District, regardless of

the theory of liability asserted, is limited to no more than an amount equal to the total amount

of fees paid to Advisor under this Agreement. In addition, Advisor shall not be liable in any

event for lost profits, revenue or goodwill, or any other consequential, indirect, incidental,

punitive, exemplary or special damages.

c. District Liability. The parties agree that District’s officers, directors,

agents, and employees shall not be personally liable to Advisor for any damages in connection

with this Agreement. District shall be solely liable for any finally determined damages in

connection with this Agreement for which District is deemed liable.

d. Limitation of District Liability. Except to the extent finally determined

to have resulted from the gross negligence, fraud or willful misconduct of District, District’s

liability to pay damages for any damages, losses and claims incurred by Advisor, regardless of

the theory of liability asserted, is limited to no more than an amount equal to the total amount

of fees to be paid to Advisor under this Agreement. In addition, District will not be liable in any

event for lost profits, revenue or goodwill, or any other consequential, indirect, incidental,

punitive, exemplary or special damages.

e. Survival of Liability. The provisions of this Section 6 shall survive the

expiration or termination of this agreement.

7. CONFIDENTIALITY OF INFORMATION. It is mutually agreed that

Advisor shall regard all information received during the performance of services pursuant to

this Agreement (“Confidential Information”) as confidential and shall not disclose Confidential

Information to any other person without prior consent of District. Confidential Information

shall not include information that: (i) is, as of the time of its disclosure, or thereafter becomes,

part of the public domain through a source other than Advisor; (ii) was known to Advisor as of

the time of its disclosure; (iii) is independently developed by Advisor; or (iv) is subsequently

learned from a third party not under a confidentiality obligation to District. In addition,

Advisor shall be entitled to disclose Confidential Information to the extent such disclosure is

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requested by the order of a court of competent jurisdiction, administrative agency, or other

governmental body, provided that Advisor shall provide prompt, advance notice thereof to

enable District to seek a protective order or otherwise prevent such disclosure. The

confidentiality obligations of Advisor shall survive the expiration or termination of this

Agreement.

8. INDEMNIFICATION.

a. Advisor agrees to accept all responsibility for loss or damage to any

person or entity, and to defend, indemnify, hold harmless and release District, its officers,

agents and employees, from and against any and all actions, claims, damages, disabilities or

expenses including attorney’s fees and witness costs that may be asserted by any person or

entity, arising out of or in connection with the negligent acts or errors or omissions of Advisor

hereunder, whether or not there is concurrent passive or active negligence on the part of

District, but excluding liability due to the sole negligence or willful misconduct of District. This

indemnification obligation is not limited in any way by any limitation on the amount or type of

damages or compensation payable to or for Advisor or its agents under worker’s compensation

acts, disability benefit acts, or other employee benefit acts.

b. Advisor shall be liable to District for any loss or damage to District

property arising from or in connection with Advisor’s performance hereunder.

9. INSURANCE. With respect to the performance of work under this

Agreement, Advisor shall maintain and shall require all of its subcontractors to maintain

insurance as described below:

a. Worker’s compensation insurance with statutory limits as required by the

Labor Code of the State of California. Said policy shall be endorsed with the following specific

language: “This policy shall not be canceled or materially changed without first giving thirty

(30) days prior written notice to the Garvey School District”.

b. Commercial or Comprehensive General Liability insurance covering

bodily injury and property damage utilizing an occurrence policy form, in an amount no less

than $1,000,000 combined single limit for each occurrence. Said insurance shall include, but not

be limited to: premises and operations liability, independent contractors liability, professional

liability (errors and omissions) insurance, and personal injury liability. Professional Liability

(Errors and Omissions) Insurance for all activities of the Advisor arising out of or in connection

with this Agreement is an amount no less than $1,000,000 combined single limit for each

occurrence endorsed with the following specific language: “This policy shall not be canceled or

materially changed without first giving thirty (30) days prior written notice to DISTRICT”.

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10. ADDITIONAL MATTERS.

a. Governing Law; Jurisdiction. It is expressly understood and agreed that

this Agreement and all questions arising hereunder shall be construed according to the laws of

the State of California, without giving effect to conflicts of law principles. All actions or

proceedings arising directly or indirectly from this Agreement shall be litigated in courts

located within Contra Costa County, California. The parties consent to the jurisdiction thereof

and the parties further agree not to disturb such choice of forum.

b. Political Contributions: Isom Advisors may choose of its own free will

to contribute time, money, or resources to political campaigns associated with the passage of a

bond measure. Prior to signing this agreement, Advisor has not made, considered, or discussed

a contribution to any campaign connected with the referenced bonds. This agreement does not

obligate Advisor to contribute to any particular campaign or election. Advisor has in no way

committed to or indicated a willingness to contribute time, money, or resources to any

campaign, or to make any other contribution.

c. Successors and Assigns. Except as otherwise provided herein, this

Agreement shall not be assignable by either party without the express written consent of the

other party hereto. Nothing in this Agreement, express or implied, is intended to confer upon

any party other than the parties hereto or their respective successors and assigns any rights,

remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly

provided in this Agreement.

d. Attorneys’ Fees. In the event of any action to enforce or interpret this

Agreement, including without limitation the recovery of damages for its breach, the prevailing

party shall be entitled to recover from the other party its reasonable attorneys’ fees and costs.

Any judgment or order entered in such action shall contain a specific provision providing for

the recovery of attorneys’ fees and costs incurred in enforcing such judgment.

e. Amendments to Agreement. This Agreement may not be modified,

amended or supplemented except by written instrument executed by all parties hereto.

f. Notice. All notices to be given by the parties hereto and other

communications hereunder shall be in writing and shall be deemed effectively given: (i) upon

personal delivery to the party to be notified; (ii) when sent by confirmed telex, electronic mail or

facsimile if sent during normal business hours of the recipient, if not, then on the next business

day; (iii) one (1) day after deposit with a nationally recognized overnight courier, specifying

next day delivery, with written verification of receipt; or (iv) four days after deposit with a

United States Post Office, first class postage prepaid and registered. All communications shall

be sent as follows:

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To Advisor:

Isom Advisors,

a Division of Urban Futures Inc.

1470 Maria Lane, Ste. 315

Walnut Creek, CA 94596

Attn.: Jonathan Isom, Managing Principal

Telephone: (925) 478-7450

E-mail: [email protected]

To District:

Garvey School District

2730 N. Del Mar Avenue

Rosemead, CA 91770

Attn.: Anita Chu, Superintendent

Telephone: (626) 307-3400

E-mail: [email protected]

g. Severability. If one or more provisions of this Agreement are held to be

unenforceable under applicable law, such provision shall be excluded from this Agreement and

the balance of the Agreement shall be interpreted as if such provision were so excluded and

shall be enforceable in accordance with its terms.

h. Entire Agreement. This Agreement (including the Exhibits attached

hereto) contains the entire understanding of the parties in respect of its subject matter and

supersedes all prior agreements and understandings (oral or written) between the parties with

respect to such subject matter. The Exhibits attached hereto constitute a part hereof as though

set forth in full herein.

i. Counterparts. This Agreement may be executed in any number of

counterparts, each of which shall be deemed an original, but all of which together shall

constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the dates

set forth below.

ADVISOR:

Isom Advisors,

A Division of Urban Futures Inc.

By:

Name: Jonathan Isom

Title: Managing Principal

Dated: _____________, 2016

DISTRICT:

Garvey School District

By:

Name: Anita Chu

Title: Superintendent

Dated: _____________, 2016

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EXHIBIT A

FINANCIAL ADVISORY SERVICES

Review District project list and assist District in preparing a capital and financing plan

Analyze the assessed valuation of District, calculate bonding capacity, and perform

financial analysis to determine possible bond proceeds

Create a timeline; coordinate same with bond counsel, District and County

Recommend proposed bond amount, issuance schedule, and projects to be funded by

bond program

Assist bond counsel in the preparation of a bond resolution including preparing ballot

language and detailed bond project list

Prepare tax rate statement and estimates of tax rates for bond program

Assist District, as needed, to assemble bond finance team members including bond

counsel and underwriter; negotiate fees for same as needed

Analyze the bond market to determine timing, credit enhancement requirements,

structure, bond amount, legal documentation requirements, rating requirements, and

method of sale

Assist District, as needed, to assemble bond finance team members including bond

counsel, paying agent, trustee, and underwriter

Prepare timeline, distribution lists, and term sheets to manage financing

Manage bond issuance process including the coordination with other finance team

members (bond counsel, paying agent, trustee, and underwriter, if needed)

Define the proposed structure including sizing, call provisions, amortization schedule,

and phasing of debt service repayment

Review legal documents including district and county resolutions, bond purchase

agreements, Preliminary Official Statement, and Official Statement

Prepare rating agency and insurer presentation; negotiate with analysts of same

Assist in preparation and train District members for rating agency meetings

Analyze tax base and recommend appropriate tax structure

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For competitive sale, review Notice of Sale and Bid Form, distribute bid documents to

qualified underwriters and post bid documents, monitor and verify bids on day of sale,

and coordinate award of winning bid

For negotiated sale, discuss structure and tax rate objectives with underwriter, review

proposed structure and scale and make recommendations as appropriate, review fees,

and review final pricing

Review closing documents including tax opinion, arbitrage certificate, and continuing

disclosure certificate

Prepare wrap up presentation booklets to summarize bond sale

Manage pre-closing and closing

Attend board meetings as needed to explain bond sale, legal documents, and pricing

summary

garvey school district - edl€¦ · 19. future meetings a list of future meetings and potential...

Documents