Board Special Meeting 2445 – 3rd Avenue South, Seattle WA 98134
Operations Committee Thursday, April 20, 2017, 4:30pm Board Office Conference Room, John Stanford Center Agenda Call to Order
4:30pm
1. Roll Call 2. Approval of agenda 3. Approval of meeting minutes – March 16th Standing Agenda Items
4:35pm
1. Monthly Capital Financial Report – January 2017 (M. Coan) Special Attention Items 1. District-Wide Accessibility Audit of Curricular and Supplemental EIT and Digital Content Acquired From Third-Party Vendors – Information (M. Miller) Board Action Reports (Discussion and/or Action) 4:50pm 1. Approval of the 2016-19 collective bargaining agreement with King County Building and Construction Trades Council (S. Damas) 2. Acceptance of gift for Highland Park playground project (G. DeDecker) 3. Acceptance of gift for Madrona K-8 playground project (G. DeDecker) 4. Approval of the 2017 Summer Feeding Contract with the City of Seattle (F. Herndon) 5. Approval of annual PowerSchool maintenance and support and 1-year agreement for online registration forms license and support (N. Petersen) 6. Approval of contract for purchase of student and staff computers for new BEX IV schools and BTA III projects opening 2017 (R. Best) 7. Approval of Amendment No. 2 with Saxton Bradley for furniture procurement for schools opening 2017 (R. Best) 8. BTA III-BTA IV: Award construction contract to _______ for the athletic field improvements at Franklin High School (R. Best) 9. BEX IV: Resolution 2016/17-20, Acceptance of the building commissioning report for the Genesee Hill school Replacement project (R. Best) 10. BEX IV/BTA IV: Resolution 2016-17/21, Lincoln High School Intent to Construct (R. Best) 11. BEX IV-BTA IV: Approval of the site specific educational specifications for the Lincoln High School Project (R. Best) Board Policies and Procedures 1. Policy 3141, Nonresident Students (R. Boy)
Adjourn
5:50pm
(Please note that this is a working committee. Documents may change before the meeting and/or prior to introduction before the Board. Special meetings of the Board may contain discussion and/or action related to the items listed on the agenda).
Board Special Meeting 2445 – 3rd Avenue South, Seattle WA 98134
Operations Committee March 16, 2017, 4:00pm Board Office Conference Room, John Stanford Center Minutes Call to Order The meeting was called to order at 4:00pm by Director Stephan Blanford. Directors Jill Geary and Scott Pinkham were also in attendance. Associate Superintendent Flip Herndon, Assistant Superintendent Pegi McEvoy, and Chief Information Officer John Krull staffed the meeting. The agenda was re-ordered to move minutes approval to the end of the meeting. The BEX Oversight Committee semi-annual report was removed from the agenda. The committee approved the agend a as revised. Monthly Capital Financial Report Melissa Coan reviewed the December 2016 monthly report, noting that there will be a significant increase in encumbrances as the contracts for summer work are approved; everything is going as planned. She also pointed out the increase in investment earnings in the BTA II program, which prompted a discussion about when and how funds are closed. In response to questions, Dr. Herndon noted that the district has been following a plan to pull monies from ensuing funds to cover the costs of the BEX II Garfield project. The capital program would not let one project drain the entire contingency in a fund. The district will be closing old capital funds as quickly as they can, and it takes a board action to close a fund. Board Action Reports (Discussion and/or Action) Purchase of CISCO network switches: CISCO: John Krull reviewed the action to purchase network switches at the four new schools opening September 2017; he noted the district will be saving money this year because there is more time for network staff to do the work. Discussion followed on the 60% savings from e-rate and how the program works. The process is going to change in the near future. At this time the e-rate money goes back to the funding source, but there is consideration of having it returned to the general fund. Dr. Blanford cautioned about the potential of an audit finding waiting to happen. The committee then moved this item forward to the full board with a recommendation for approval. Microsoft Enrollment for Education Solutions contract: Jim Young explained this is a new 3-year contract to provide a site license for all software we use. The site license is based on FTE, with a flat fee providing full access to teachers, students, and added at home access. He said the return of the contract was delayed until the first of the week, and the committee moved this item forward to the full board for consideration. Award of construction contract for E.C. Hughes: Richard Best said the bids for this project were opened the day before. Two bidders were within budget and are currently being vetted by the architect. Page 1 of 5
The district has experience with both and is comfortable with this project. The committee moved this item forward to the full board for consideration. Award of contract for the Garfield HS roof replacement project: Richard Best said this bid will close March 29. He was encouraged by the interest in the pre-bid walk-through, as there is an abundance of work out there and it is getting harder to attract good contractors. He noted the board had approved the architect/engineering (A/E) contract the night before. The committee moved this item forward to the full board for consideration. Award contract for the Ballard-West Seattle high schools roof replacement project: Richard Best described the project and said both principals know they will be coordinating end-of-year activities around scaffolding erection so that work can get accomplished during the summer. Discussion followed about the A/E contract approval at the board meeting the night before and the A/E involvement in the contractor bid process. Director Geary expressed concern that the process and timeline do not appear to be real in terms of the board approval process. Discussion followed about the use of the declaration of an emergency process as an option so that current water issues are dealt with on a timely basis on projects like this that have been identified and scheduled for a long time. Dr. Herndon said that staff would look at the process to balance it with the need for student safety and protection of millions of dollars of district assets. Committee members also requested historical and background information in the board action reports on schools that have had several projects in recent history to give a view of the whole building. The committee then moved this item forward to the full board with a recommendation for approval. Award of contract for the Roosevelt High School turf replacement, track resurfacing, and field lighting infrastructure project: Richard Best said bids would be opened April 12th, and district staff was hoping for an April 19th introduction, May 3rd action for summer work scheduling. Discussion followed on the field availability and space requirements for the multiple bookings at this location. The committee moved this item forward to the full board for consideration. Award of contract for the Dearborn Park Elementary mechanical upgrade project: Richard Best said bids opened March 7th. Staff is vetting and checking references for the contractor; information will be complete for introduction to the full board. In response to committee questions, he said this high efficiency boiler will still require a certified person on staff every day for start-up. Code for that requirement is based on size of the boiler, and geothermal supports smaller boilers. Eventually this law will be reviewed. The committee moved this item forward to the full board for consideration. Award contract for the B.F. Day-Greenwood seismic project: Richard Best said this contract includes alternates 1 and 3. Committee members asked that the references to Garfield in the contracts be updated and moved this item forward to the full board for consideration. Award contract for the McGilvra new cafeteria building project: Richard Best said staff is recommending award of the contract to Lincoln Construction. The contract is not yet final, and the project will be slightly over budget but well within contingencies. He said in another year costs would have been substantially more. Several conversations have been held with the community. Committee members asked that the information provided be included in the board action report and moved the item forward to the full board for consideration. Acceptance of the value engineering report for the Lincoln High School modernization project: Richard Best said this action is necessary for the state D-5 form. He said there were 66 different recommendations; the district has implemented 10 with an additional 13 still under considerations. There Page 2 of 5
is a savings of $1,161,000 for the ten items. The committee moved this item forward to the full board with a recommendation for approval. Approval of the Lincoln High School educational specifications: Richard Best said this step was part of the D-5 form submittal and described the two-step process used on this building: staff held a large community meeting and then used a smaller School Design Advisory Team (SDAT) for educational continuity. Committee members asked that this item be delayed until the following month, as the educational specifications themselves had not been included. Acceptance of the constructability review for the Magnolia Elementary School renovation project: Richard Best said this document is part of the D-7 process with OSPI. The implementation plan will be included prior to introduction, as staff is still in the process of collecting information. There is an April 20th bid opening; staff has received the OSPI document necessary to open bids. Conversation followed regarding whether this school will be an attendance area or option school. Dr. Herndon said the first community meeting was held earlier in the week, and the district is receiving lots of divergent input. The school is needed for capacity, even with the other schools in close proximity. There will be continuing meetings as this project moves forward. The committee moved this item forward to the full board for consideration. Resolution 2016/17-14, Magnolia ES intent to construct: Richard Best said this resolution is one of the steps necessary to receive state funding. The committee moved this item forward to the full board with a recommendation for approval. Resolution 2016/17-15, Magnolia Elementary School 5-year/30-year building life: Richard Best said this resolution is also one of the steps necessary to receive state funding. The committee moved this item forward to the full board with a recommendation for approval. Final acceptance of Mike Werlach Construction contract for Broadview-Thompson, Laurelhurst, Sacajawea, and Whitman improvements project: Richard Best said this closeout is being brought forward as the district has received all documents from the contractor. The state will approve release of the retainage after board approval. The committee moved this item forward to the full board with a recommendation for approval. Board Policies and Procedures Policy 4200, and procedure update: Pegi McEvoy explained that this action is to continue the Phase II policy work and update old policies and procedures. The old “unauthorized persons on school district property” policy has been consolidated and reformatted into the current policy 4200, using the WSSDA language on the title, and then adding the old procedure as the third procedure to policy 4200. This also provides principals with one place where they can review policy on visitors. In response to questions, she explained that there is a separate policy that talks about relations with law enforcement, with procedures that speak specifically to ICE. Committee members asked that cross references be added to policy and procedure and said staff should anticipate questions from the dais on this topic. The committee then moved this item forward to the full board for consideration. Policy 3410, Student health records: Nate Van Duzer began the conversation, later joined by Pat Sander. He said there were two impetuses for change: to clean up old policies and include one new mandate from last year’s legislative session, ear and vision screening. This aligns with WSSDA recommendations and repeals a 30-year-old district policy. Director Pinkham asked about what staff requirements were for immunization; Pat replied that staff members are required to produce records and Page 3 of 5
are subject to the same protections as students, following state statutes. Records are protected under HIPPA and FERPA. Director Geary asked about the distinction between medical and health records; Ms. Sander said any documents would be treated as student health care records and are protected. Committee members expressed concern that in looking at new health electronic records systems, the district needed to ensure that any system the district has is as robust as other systems in that protection. They also asked that they be informed about how staff are trained in handling documents and to update all the cross references. They then moved this item forward to the full board for consideration. Special Attention Items SMART goal #3 quarterly update: Flip Herndon described some of the updates that have been made since the board retreat, showing a portfolio of programs and schools. He said the work on program placement involves professional development for everyone on effective programs and services, identifying what is working well, what can be replicated, and associated costs. He said it is important to be clear on the full scope of what it takes to sustain a program, i.e., FEL money, grant money, Title II, assuring attendance in new programs. He then described an RFP on the streets to develop an on-line program for families, new people in the district, and those looking for specific programs. He said it will be a dynamic website with data tied into the system so it does not need to be create more information. Committee questions included how much money the district has spent on this ($142,000 earmarked, with approximately $50-60,000 spent), whether it was a one-shot deal or periodic updates (initial costs with a subscription based on per pupil numbers thereafter). He said there will still be a need for someone who is responsible for the updating. BEX Oversight semi-annual report and committee charter: The oversight committee chair was unable to attend this meeting, so the report will be brought to next month’s meeting. Dr. Herndon said the change to the committee charter of adding BTA projects to their purview was being recommended by the committee and staff because of the size of the BTA projects. They could also look at capacity projects. Both he and Richard Best were clear in their respect for the committee, a good group of individuals that offer their professional knowledge and content expertise as a professional committee. They are both interested in clarity on the length of service and diversity of the committee and are looking to expand the pool of people who participate. Director Blanford spoke about having some people in waiting for the committee and about how these volunteer activities are a nice way to demonstrate leadership in their own organizations. Director Geary suggested that committee members could also look for their own replacements in their own organizations. As to which BTA projects would come to the committee, the committee suggested either a money break or a type of project list. They also expressed interest in having something in place that is independent of personalities there and from board director and staff changes. Dr. Herndon said the group itself is good at seeing their role as advisory, primarily interested in financial, costs associated with projects, emphasis on green projects. Staff is interested in the board goals for the committee, being intentional about what they want. Conversation ended with the thought of forming a five-member group (Flip, Richard, Jill and Rick and John Palewicz) talk about meetings, recruitment, diversity, and defining scope of what BTA/BEX projects are included. Construction change orders: Richard Best said that historically the department has had a practice of bringing individual change orders that exceed $250,000 to the board and then sharing the total change order percentages with the board during final acceptance. Internally, however, staff and district leadership have been discussing a way of daylighting the accumulation of change orders that in aggregate exceed the $250,000 threshold, and how to handle board awareness during construction. Two suggestions were made: this could be a standing agenda item for the Operations Committee or one of the board members on the oversight committee could come in early and meet with Richard and staff members and review. Page 4 of 5
(Director Leslie Harris joined the meeting at 6:10pm.) Director Geary said that as one of the board members currently on BEX Oversight, she could see coming in early to review change orders. Staff and other committee members agreed, noting the continuing practice of bringing any single change order exceeding $250,000 to the full board. Minutes approval The minutes of the January 19th Operations Committee meeting were approved. Director Harris requested a modification to the February minutes, and the minutes as amended were approved by Directors Pinkham and Harris, who were in attendance at the February meeting. Adjourn This meeting adjourned at 6:20pm.
Page 5 of 5
January 2016-17 Capital Programs Monthly Summary Report
Life to Date Capital Program Fund Balance ($millions) Intra Fund Inter Fund Current Fund Life To Date (1-31-16) Revenue Expenditures Transfers Transfers Balance FY09 - FY13 YTD Date thru (9/30/12) 434.7 436.0 1.9 0.0 0.7 182.0 169.5 (2.4 ) (9.9 ) 0.2 478.5 472.9 (2.2 ) 1.2 4.6 287.4 171.2 0.0 (44.2 ) 72.0 39.8 12.4 (2.0 ) (14.0 ) 11.4 36.0 36.0 0.0 0.0 0.0 651198 353.2 350.9 0.0 (22.9 ) (20.5 ) 0.0 2.7 2.5 (0.3 ) (0.5 ) 154.2 139.6 (6.0 ) (8.7 ) (0.0 ) Capital Fund Balance as of 1/31/17 67.8
BEX II BTA II BEX III BTA III CEP/CS Grant BEX IV BTA IV BTA I
* Transfer details on attached program sheets
Capital Program Fiscal Year-To-Date ($millions) FY 2016-17 Adopted Budget 0.0 1.4 2.3 32.8 0.5 156.7 55.8 25.0 274.5
Current Fiscal Year Program BEX II BTA II includes grants BEX III includes grants BTA III includes grants CEP/CS includes grants BEX IV includes grants BTA IV includes grants Capital Capacity Reserve Total Capital Program
FY 2016-17 FY 2016-17 % Budget Current Budget Committed * Committed Balance 0.0 0.0 0% 0.0 0.0 (0.2 ) 0% 0.2 2.3 0.2 8% 2.1 33.4 9.2 28% 24.2 0.5 0.1 27% 0.4 160.1 71.5 45% 88.5 57.8 8.7 15% 49.1 20.5 0.0 0% 20.5 274.5 89.6 33% 184.9
FY 2016-17 adopted budget, commitments and balance.
* Committed includes actual expenditures and encumbrances as of 1/31/17
Current Estimated Ending Fund Balance by Program ($millions) 8 7 6 5 4 3 2 1 0
Jan
Feb Mar April May June July Aug Sept Oct Nov Dec
Jan
BEX II
0.7
0.7
0.7
0.7
0.7
0.7
0.7
0.7
0.7
0.7
0.7
0.7
0.7
BEX III
0.2
0.2
0.2
0.2
0.2
0.3
0.3
0.3
0.3
0.3
0.3
0.3
0.3
BEX IV
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
BTA II
0.4
0.4
0.4
0.4
0.4
0.4
0.4
0.1
0.2
0.2
0.2
0.2
0.2
BTA III
1.5
1.5
1.6
1.6
1.7
1.7
1.8
1.8
1.9
2.0
2.0
2.1
2.1
BTA IV
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
CEP/CS
3.6
3.6
3.6
3.6
3.6
3.6
3.6
3.6
3.6
3.6
3.6
3.6
3.6
Total Program 6.4
6.4
6.5
6.5
6.6
6.7
6.8
6.5
6.7
6.8
6.8
6.9
6.9
Attached individual program sheets indicate information on any change to each program's estimated ending fund balance.
Note: Numbers presented may not add up precisely to the totals due to rounding
Operations Committee: April 20th 2017
1 of 8
January 2016-17 Capital Programs Monthly Summary Report
BUILDING EXCELLENCE II CAPITAL PROGRAM (Amounts in $ Millions)
Original Program Budget
Current Program Budget
Life To Date (1/31/17)
Remaining Change Program LTD from Budget 12/31/16
373.5 10.3 24.0 0.0
369.1 11.6 29.2 0.5
369.1 11.6 29.2 0.5
0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0
24.5 0.7 0.0 433.0
25.8 (1.5 ) 0.0 434.7
25.8 (1.5 ) 0.0 434.7
0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0
0.0
1.9
1.9
0.0
0.0
Construction Technology Total Expenditure Plan
396.2 26.0 422.2
410.2 25.7 436.0
410.2 25.7 436.0
0.0 0.0 0.0
0.0 0.0 0.0
Current Fund Balance
10.8
0.7
0.7
Revenue Construction Levy collections Investment Earnings State Match Other Technology Levy collections Investment Earnings Other Total Revenue Plan
Transfers Construction From CEP (Garfield)
Expenditures
Estimated Ending Fund Balance (Sept. 1, 2017)
0.7
Numbers presented may not add up precisely to the totals due to rounding
Prior Month Change to Ending Fund Balance: - No Change
Operations Committee: April 20th 2017
2 of 8
January 2016-17 Capital Programs Monthly Summary Report
BUILDING EXCELLENCE III CAPITAL PROGRAM (Amounts in $ Millions)
Original Program Budget
Current Program Budget
Life To Date (1/31/17)
Remaining Program Budget
Change LTD from 12/31/16
481.0
419.1 30.4 26.3 2.3 1.8 479.9
420.0 30.4 26.3 2.3 1.8 480.8
0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0
1.5 (2.2 ) (0.3 ) (1.0 )
1.5 (2.2 ) (0.3 ) (1.0 )
0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0
393.0 26.0 42.0 0.0 20.0 481.0
415.0 17.5 41.8 2.3 2.0 478.6
414.6 16.8 41.5 2.3 0.0 475.3
0.4 0.7 0.3 0.0 2.0 3.4
(0.1 ) 0.0 0.0 0.1 0.0 0.0
Revenue Combined Program Bond Sale Investment Earnings State Match Grant Other Total Revenue Plan
481.0
Transfers Construction From Debt Service (Sealth) To CEP (Garfield) To GF (Tech Salaries) Total Transfers Plan
Expenditures Construction Infrastructure Technology Grant Program Reserve Total Expenditure Plan
Current Fund Balance
0.0 282636.0 Current fund balance excluding Grant Current fund balance of Grant
4.6 4.6 0.0
Estimated Ending Fund Balance (Sept. 1, 2017)
0.3
Numbers presented may not add up precisely to the totals due to rounding Current Ending Fund Balance by Program ($millions)
Prior Month Change to Ending Fund Balance: - No Change
Notes: 1. 09/30/11 - estimated program ending fund balance change due to project savings reported. 2. As a result of additional project savings that were identified, FY13 Recommended Capital Budget is included in current program budget for BEX IV Design Reserve and Intermediate Term Capacity Management
Operations Committee: April 20th 2017
3 of 8
January 2016-17 Capital Programs Monthly Summary Report
BUILDING EXCELLENCE IV CAPITAL PROGRAM (Amounts in $ Millions)
Original Program Budget
Current Program Budget
Life To Date (1/31/17)
Remaining Program Budget
Change LTD from 12/31/16
688.0 0.7 35.1 0.0 723.8
688.0 0.7 36.3 9.6 734.7
344.5 0.7 7.9 9.6 362.8
343.5 0.0 28.4 0.0 371.9
0.3 (0.0 ) 0.5 0.0 0.8
(18.0 ) (18.0 )
(18.0 ) (15.4 ) (33.4 )
(7.5 ) (15.4 ) (22.9 )
(10.5 ) 0.0 (10.5 )
0.0 0.0 0.0
530.8 92.4 53.8 28.7 0.0 705.6
551.5 92.4 38.4 9.5 9.6 701.4
309.2 21.6 20.1 0.0 9.6 360.4
242.3 70.8 18.3 9.5 0.0 340.9
5.2 0.3 1.8 0.0 3.2 10.5
Revenue Combined Program Levy collections* Investment Earnings & Other State Assistance Grant Total Revenue Plan
Transfers To GF (Maintenance) To GF (Tech Reimbursable) Total Transfers Plan
Expenditures Construction Infrastructure Technology Pending Program Reserve Grant Total Expenditure Plan
Current Fund Balance
0.0 Current fund balance excluding Grant Current fund balance of Grant
(20.5 ) (20.5 ) 0.0
0.0
Estimated Ending Fund Balance (Sept. 1, 2020) Numbers presented may not add up precisely to the totals due to rounding Current Fund Balance by Program ($millions) Prior Month Change to Ending Fund Ending Balance: - No Change
Notes: * Reduced by 1% Est. Uncollectable Levy Collections
Operations Committee: April 20th 2017
4 of 8
January 2016-17 Capital Programs Monthly Summary Report
BUILDINGS, TECHNOLOGY, and ACADEMICS II CAPITAL PROGRAM (Amounts in $ Millions)
Original Program Budget
Current Program Budget
Life To Date (1/31/17)
Remaining Program Budget
Change LTD from 12/31/16
177.3 0.0 1.0 0.0 0.0 178.4
176.7 5.3 2.1 3.1 0.4 187.4
176.4 5.3 2.1 3.1 0.4 187.3
0.2 0.0 0.0 0.0 0.0 0.2
0.0 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0
(1.1 ) (6.0 ) (8.9 ) 3.6 (12.3 )
(1.1 ) (6.0 ) (8.9 ) 3.6 (12.3 )
0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0
95.5 39.8 0.0 42.8
102.9 31.4 5.3 35.3
102.8 31.4 5.3 35.3
0.1 0.0 0.0 0.0
0.1 0.0 0.0 0.0
178.0
174.9
174.8
0.1
0.1
0.4
0.2
0.2
Revenue Combined Program Levy Grant Investment Earnings QZAB Loan Other Total Revenue Plan
Transfers To Debt Service (QZAB) To BEX I (Close Out) To GF (Software Licenses) From CEP (Seattle WS Loan) Total Transfers Plan
Expenditures Buildings Academics Grant Technology Total Expenditure Plan
Current Fund Balance
Current fund balance excluding Grant
0.2
Current fund balance of Grant
0.0
Estimated Ending Fund Balance (Sept. 1, 2017)
0.2
Numbers presented may not add up precisely to the totals due to rounding
Prior Month Change to Ending Fund Balance: - No Change Notes: 1. The Current Program Budget includes $6M reserve for World School commitment. 2. All committed and approved projects are either completed or on schedule.
Operations Committee: April 20th 2017
5 of 8
January 2016-17 Capital Programs Monthly Summary Report
BUILDINGS, TECHNOLOGY, and ACADEMICS III CAPITAL PROGRAM (Amounts in $ Millions)
Original Program Budget
Current Program Budget
Life To Date (1/31/17)
Remaining Program Budget
Change LTD from 12/31/16
266.6 0.0 1.4 0.0 0.0 0.0 268.1
267.8 17.7 1.6 17.5 (17.5 ) 1.2 288.3
267.7 17.7 1.6 17.5 (11.7 ) 0.6 293.5
0.0 0.0 0.0 0.0 (5.8 ) 0.6 (5.2 )
0.1 0.0 0.1 0.0 0.0 0.0 0.2
0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
7.1 (7.0 ) (17.5 ) (10.3 ) (2.6 ) (7.1 ) (0.2 ) (37.6 )
7.1 (2.6 ) (17.0 ) (10.3 ) (2.6 ) (7.1 ) (0.1 ) (32.5 )
0.0 (4.4 ) (0.5 ) 0.0 0.0 0.0 (0.1 ) (5.0 )
0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
Buildings Academics Grant Technology Total Expenditure Plan
126.6 94.6 0.0 34.9 256.1
107.4 97.1 17.7 26.3 248.6
66.8 79.6 17.7 24.8 188.9
40.6 17.5 0.0 1.6 59.6
1.6 0.2 0.0 0.1 1.8
Current Fund Balance
11.9
2.1
72.0
Revenue Combined Program Levy Grant Investment Earnings QSCB Loan * QSCB Loan * Other Total Revenue Plan
Transfers From CEP (BTA III) To Debt Service To GF (Maintenance) To GF (Tech/Computer Map) To GF (Software) To CEP (BTA III) To Debt Service (QSCB Interest) Total Transfers Plan
Expenditures
Current fund balance excluding Grant
72.0
Current fund balance of Grant
0.0
Estimated Ending Fund Balance (Sept. 1, 2018)
2.1
* QSCB Loan $17.5M paid back in full by end of FY17; First of three payments began FY15
Numbers presented may not add up precisely to the totals due to rounding
Prior Month Change to Ending Fund Balance: - Ending fund balance changed due to increased investment earnings Notes: 1. 09/30/11 - estimated program ending fund balance change due to project savings reported. 2. Construction escalation reduced from 4% to 2%. 3. All committed and approved projects are either completed or on schedule. 4. FY13 Recommended Capital Budget plus Intermediate Term Capacity Management plan included in Current Program Budget. 5. $7M of JSCEE Series A Bond Principal payments between FY15 - FY17 moved from CEP to BTA III program Operations Committee: April 20th 2017
6 of 8
January 2016-17 Capital Programs Monthly Summary Report
BUILDINGS, TECHNOLOGY, and ACADEMICS IV CAPITAL PROGRAM (Amounts in $ Millions)
Original Program Budget
Current Program Budget
Life To Date (1/31/17)
Remaining Program Budget
Change LTD from 12/31/16
460.6 0.0 4.7 10.0 475.3
456.0 0.4 4.7 10.0 471.2
0.0 0.0 0.0 0.0 0.0
456.0 0.4 4.7 10.0 471.1
0.0 0.0 0.0 0.0 0.0
(18.0 ) 0.0 0.0 0.0 (3.6 ) (8.1 ) (29.7 )
(18.0 ) (0.3 ) 2.5 (2.5 ) (3.6 ) (8.1 ) (30.0 )
0.0 (0.3 ) 2.5 0.0 0.0 0.0 2.2
(18.0 ) 0.0 0.0 (2.5 ) (3.6 ) (8.1 ) (27.8 )
0.0 0.0 0.0 0.0 0.0 0.0 0.0
291.0 104.7 35.2 4.7 10.0 445.6
286.8 104.4 35.2 4.7 10.0 441.1
1.5 1.2 0.0 0.0 0.0 2.7
285.3 103.2 35.2 4.7 10.0 438.4
0.4 0.2 0.0 0.0 0.0 0.6
Revenue Combined Program Levy collections* Investment Earnings & Other State Assistance Grant Total Revenue Plan
Transfers To GF (Maintenance) To GF (Tech Reimbursable) From CEP (Loan to begin Program) To CEP (Loan Payback) To CEP (World School Payback) To Debt Service (JSCEE Payment) Total Transfers Plan
Expenditures Buildings Technology Academics State Assistance Grant Total Expenditure Plan
Current Fund Balance
0.0 Current fund balance excluding Grant Current fund balance of Grant
(0.5 ) (0.5 ) 0.0
0.0
Estimated Ending Fund Balance (Sept. 1, 2023) Numbers presented may not add up precisely to the totals due to rounding Current Ending Fund Balance by Program ($millions) Prior Month Change to Ending Fund Balance: - No Change
Notes: * Reduced by 1% Est. Uncollectable Levy Collections
Operations Committee: April 20th 2017
7 of 8
January 2016-17 Capital Programs Monthly Summary Report
CAPITAL ELIGIBLE PROGRAM ("Other Capital") (Amounts in $ Millions)
19 Year Budget *
Beginning Balance
FY09 - FY17 Remaining Change From YTD Date thru Program Previous Month (1/31/17) Budget
1.8
Revenue Community Schools Sales Property Sales Surplus Prop. Rentals Investment Earnings Other Total Revenue Plan
22.2 4.7 22.9 6.6 1.6 59.7
22.2 3.4 9.2 1.2 3.9 39.8
0.0 1.3 13.7 5.4 0.0 19.9
0.0 0.0 0.1 0.0 0.2 0.3
7.1 (7.1 ) 2.2 (0.3 ) (42.9 ) (0.0 ) 2.0 (3.6 ) 3.6 (2.5 ) 2.5 (39.1 )
7.1 (7.1 ) 2.2 (0.3 ) (13.7 ) (0.0 ) 2.0 (3.6 ) 0.0 (2.5 ) 0.0 (16.0 )
0.0 0.0 0.0 0.0 (29.2 ) 0.0 0.0 0.0 3.6 0.0 2.5 (23.1 )
0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
17.0
6.9 5.5 12.4
4.6
0.0 0.0 0.0
Transfers From BTA III To Capital Fund (BTA III) From BEX III (Garfield) To General Fund (Technology) To Debt Service (JSCEE Series A) To Debt Service (QSCB Interest) From BTA I (Close out) To Seattle World School Loan (BTA II) From BTA IV (World School) To BTA IV (Technology Loan) From BTA IV (Technology Loan) Total Transfers Plan
Expenditures CEP Expenditures Eligible Community Schools Expenditures CEP Expenditure Plan
Current Fund Balance
3.6 11.4 Estimated Ending Fund Balance Community Schools (Sept. 1, 2027) Estimated Ending Fund Balance CEP (Sept. 1, 2027)
Estimated Ending Fund Balance (Sept. 1, 2027)
17.0 (13.5 ) 3.6
CEP is the continuation of previous "Other Capital" programs Numbers presented may not add up precisely to the totals due to rounding * Assumes: 19 years Series A Bond on John Stanford Center is funded by CEP/BTA III; all property sales revenue and rental/lease income fund CEP and Community Schools.
Prior Month Change to Ending Fund Balance: - No Change Notes: 1. The 19 Year Budget includes $2M reserve for World School commitment. 2. Assumes Debt Service payment for the JSCEE Series A Bond: FY12 - FY14. 3. $7M of JSCEE Series A Bond Principal payments between FY15 - FY17 moved to BTA III program underspend. Emergency and Unplanned Capital Eligible Projects rescheduled due to capacity. 4. BTA I closeout and BEX III Payback for Garfield have been moved from Revenue to Transfer Category in April, 2015
Operations Committee: April 20th 2017
8 of 8
Seattle Public Schools Office of Student Civil Rights Re:
District-Wide Accessibility Audit of Curricular and Supplemental EIT and Digital Content Acquired From Third-Party Vendors
To:
Dr. Larry Nyland, Superintendent Stephen Nielsen, Deputy Superintendent
From:
Michael Miller, Accessibility Coordinator
Date:
March 15, 2017
In compliance with the October 5, 2015 Consent Decree, Seattle Public Schools (SPS) staff has conducted a district-wide accessibility audit of curricular and supplemental electronic instructional technology and digital content acquired from third-party vendors. The Consent Decree requires the accessibility audit, which examines the accessibility and usability of these resources for students and prospective students who have disabilities. The Consent Decree also requires that the written findings of the audit be presented to the Superintendent and then to the appropriate committee of the School Board. This report must also contain recommendations on accessibility improvements to comply with the Decree. For the purposes of the audit, only software that was purchased by the individual schools and that is used building-wide for all grades was included. The audit was conducted during the period of February 2016 to June 2016. The results show there are 103 discrete software programs that are used school-wide by the district’s 97 schools. From July 2016 to October 2016, Office of Student Civil Rights (OSCR) staff contacted all of the software vendors and requested that the vendor: 1. Submit a completed Voluntary Product Accessibility Template (VPAT) outlining the accessible features of their software; or 2. Provide a narrative description of the accessibility features if a VPAT was not available. During the period November 2016 to January 2017, OSCR staff reviewed information submitted by the software vendors. The table below summarizes the results of the review.
Page 1 of 3
Total number of discrete software programs Number of vendors responding to request for information
103 82
Of the 82 responses Number of vendors who submitted VPATs or other narrative Number of vendors who responded but provided no accessibility verification
46 36
After reviewing all information submitted, OSCR staff determined (out of the total 103 software programs) Number of software programs that FULLY meet accessibility guidelines Number of software programs that PARTIALLY meet accessibility guidelines Number of software programs that DO NOT meet accessibility guidelines
26 20 57
OSCR and DoTS are working to verify and validate the inventory list of programs and apps currently being used. The attachment outlines the proposed corrective actions needed to insure that the District complies with the decree. The corrective action plan is a working document and will be modified and edited during the implementation process as new elements are identified.
Cc: John Cerqui, Deputy General Counsel Nancy Petersen, Director Enterprise Apps & Data Services Craig Murphy, Manager Purchasing and Small Works Eric Caldwell, Manager Library & Instr Tech Services Diane Navarro, Contracts Manager Nazik Youssef, Assistant General Counsel Tina Meade. OSCR
Page 2 of 3
ATTACHMENT Accessibility Audit Corrective Action Plan As of: 03/14/2017 The following actions are recommended to improve accessibility to comply with this element of the consent decree. This plan should be considered a draft. It will be revised as appropriate as the corrections are applied and new elements are identified. All elements must be completed by September 2018 to comply with the consent decree. Action Verify accuracy of application list, schools are still using subject software and the extent to which it is used Identify alternative access if product is deemed not accessible or identify a new software that is accessible and provides the same content. Publish software accessibility standards that schools must follow when purchasing school based software Establish deadlines by which schools must stop using software which does not meet accessibility guidelines Publish and maintain a list of software that meets accessibility guidelines Provide assistance to schools in evaluating accessibility of school based software.
Start Date 3/1/2017
End Date 10/31/2017
3/1/2017
10/31/2017
3/1/2017
7/31/2017
3/1/2017
10/31/2017
3/1/2017
9/30/2018
3/1/2017
9/30/2018
Page 3 of 3
SCHOOL BOARD ACTION REPORT DATE: FROM: LEAD STAFF:
April 6, 2017 Dr. Larry Nyland, Superintendent Stan Damas, Executive Director of Labor and Employee Relations, 206-252-0294, Clover Codd Assistant Superintendent of Human Resources
For Intro: For Action:
May 3, 2017 May 17, 2017
1.
TITLE
Approval of 2016 – 2019 Collective Bargaining Agreement between the Seattle School District No. 1 and Seattle/King County Building and Construction Trades Council effective September 1, 2016 2.
PURPOSE
This action would approve a successor Collective Bargaining Agreement (CBA) between the Seattle School District No. 1 (District) and the Seattle/King County Building and Construction Trades Council for the three-year period beginning September 1, 2016, as tentatively agreed to in negotiations between the parties. 3.
RECOMMENDED MOTION
I move that the School Board approve the attached 2016-2019 Collective Bargaining Agreement negotiated between representatives of the District and the Seattle/King County Building and Construction Trades Council. I authorize the Superintendent to execute the Collective Bargaining Agreement in the form attached to the Board Action Report, and to take any actions necessary to implement the rates of pay and provisions as specified in the Agreement, with any minor additions, deletions, and modifications deemed necessary by the Superintendent. 4.
BACKGROUND INFORMATION a. Background The previous CBA between the District and the Council expired on August 31, 2016. Representatives of the District and the Council commenced negotiations in July 2016 and were finally able to reach a mutually satisfactory agreement, which was ratified by the members of the trades Council on March 20, 2017. This agreement provides for clarification of language concerning working conditions, and operational procedures, provides premium pay for three (3) specific duties, and includes operational procedures. The CBA provides compensation increases for the three years ending on August 31, 2019. The compensation package provides for a 3% salary increase in 2016-17, 2017-18 and 2018-19 or the state funded pass-through, whichever is greater. Electricians covered by the agreement will receive an additional 1% increase in salary in 2016 – 17 and an additional .5% increase in salary for 2017 – 18. Finally, foreperson premium is increased from $2.00/hour to $3.00/hour. b. Alternatives 1
Failure to enter into an agreement would result in an impasse in negotiations leading to further expense in negotiations, mediation or other impasse resolution processes. The absence of an agreement would result in a strained relationship between the parties, resulting in an increase in the number of grievances or other workplace disagreements. c. Research The provisions in this agreement were negotiated mindful of increases in compensation occurring for like employees in the Seattle labor market while balancing District benefits with the District’s inability to exactly match private-sector construction pay scales. 5.
FISCAL IMPACT/REVENUE SOURCE
Fiscal impact to this action will be: 2016-17: $187,226 2017-18: $409,711 2018-19: $621,517 The revenue source for this motion is the general fund. Expenditure:
One-time
Annual
Multi-Year
N/A
Revenue:
One-time
Annual
Multi-Year
N/A
6.
COMMUNITY ENGAGEMENT
With guidance from the District’s Community Engagement tool, this action was determined to merit the following tier of community engagement: Not applicable Tier 1: Inform Tier 2: Consult/Involve Tier 3: Collaborate Pursuant to state law, collective bargaining between the school district and a union representing its employees is to be carried out by representatives of the district and the applicable union. 7.
EQUITY ANALYSIS
This agreement essentially maintains the status quo with inflation related adjustments to compensation. The Collective Bargaining Agreement (CBA) treats all employees in this bargaining group equally without regard to protected status. 8.
STUDENT BENEFIT
Employees covered by this agreement are instrumental in maintaining safe, healthy and appealing learning environments for students. 9.
WHY BOARD ACTION IS NECESSARY 2
Amount of contract initial value or contract amendment exceeds $250,000 (Policy No. 6220) Amount of grant exceeds $250,000 in a single fiscal year (Policy No. 6114) Adopting, amending, or repealing a Board policy Formally accepting the completion of a public works project and closing out the contract Legal requirement for the School Board to take action on this matter Board Policy No. 5020, Collective Bargaining, provides the Board shall approve this item Other: _____________________________________________________________________ 10.
POLICY IMPLICATION
Approval of this Agreement complies with Board Policy Number 5020, Collective Bargaining. 11.
BOARD COMMITTEE RECOMMENDATION
This motion was discussed at the Operations Committee meeting on April 20, 2017. The Committee reviewed the motion and _____________. 12. TIMELINE FOR IMPLEMENTATION Upon approval of this motion, pay raises will be implemented as shown on the schedules, including, where applicable, increases retroactive to September 1, 2016. It is anticipated that payments will be made on the June 1, 2017 payroll. 13.
ATTACHMENTS • •
2016 – 2019 Collective Bargaining Agreement between Seattle School District No. 1 and Seattle/King County Building and Construction Trades Council (for approval) Redline version, 2016 – 2019 Collective Bargaining Agreement between Seattle School District No. 1 and Seattle/King County Building and Construction Trades Council (for reference)
3
2016-2019 COLLECTIVE BARGAINING AGREEMENT between SEATTLE SCHOOL DISTRICT NO. 1 and SEATTLE/KING COUNTY BUILDING and CONSTRUCTION TRADES COUNCIL
*Includes: 2016-2019 Collective Bargaining Agreement 2016-2019 Salary Schedules Grievance Request Form 2016-2019 Memorandum of Understanding
In witness whereof, the parties hereto have executed this Agreement on this ____ day of ________, 2017.
FOR SEATTLE-KING COUNTY BUILDING AND CONSTRUCTION TRADES COUNCIL:
_____________________________________ Lee Newgent, Executive Secretary
___________________________________ Travis Lamoureux, Building Laborers, Local 242
_____________________________________ Robert Chiovarie, Heat & Frost Insulators and Allied Workers, Local 7
__________________________________ Fernando Arevalo, Intl Union of Painters and Allied Trades, District Council 5
____________________________________ Benny Wright, Bricklayers/Allied Crafts, Local 1
___________________________________ Sean Bagsby, Intl Brotherhood of Electrical Workers, Local 46
____________________________________ Steve Hurley, Roofers, Local 54
___________________________________ PJ Moss, Plumbers & Pipefitters, Local 32
___________________________________ Sam Hem, Sheet Metal Workers, Local 66
FOR SEATTLE SCHOOL DISTRICT NO. 1:
____________________________________ Dr. Larry Nyland, Superintendent Seattle School District No. 1
___________________________________ Stan Damas, Executive Director of Labor & Employee Relations
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
2016-2019 COLLECTIVE BARGAINING AGREEMENT TABLE OF CONTENTS COLLECTIVE BARGAINING AGREEMENT ARTICLE I: ARTICLE II: ARTICLE III: SECTION A: SECTION B: ARTICLE IV: ARTICLE V: ARTICLE VI: ARTICLE VII: SECTION A: SECTION B: SECTION C: SECTION D: ARTICLE VIII: SECTION A: SECTION B: SECTION C: SECTION D: SECTION E: SECTION F: SECTION G: SECTION H: SECTION I: ARTICLE IX: ARTICLE X: SECTION A: SECTION B: SECTION C: SECTION D: SECTION E: SECTION F: SECTION G: SECTION H: SECTION I: SECTION J: ARTICLE XI: ARTICLE XII: SECTION A: SECTION B: SECTION C: SECTION D: SECTION E: ARTICLE XIII: SECTION A: SECTION B: ARTICLE XIV: SECTION A: SECTION B:
PAGE
RECOGNITION………………………………………………………………………… AFFIRMATIVE ACTION/NON-DISCRIMINATION…………………………………. MANAGEMENT RIGHTS…………………………………………………….............. Subcontracting………………………………………………………………………….. Small Works Processes and Procedures…………………………………………… UNION SECURITY…………………………………………………………………..… DUES DEDUCTIONS…………………………………………………………………. REPRESENTATION…………………………………………………………………… DEFINITIONS…………………………………………………………………………... Employees………………………………………………………………………………. Regular Employees……………………………………………………………………. Temporary Employees………………………………………………………………… Apprentice Employees………………………………………………………………… HOURS AND OVERTIME…………………………………………………………….. General Expectations………………………………………………………………….. Normal Work Schedule……………………………………………………………….. Overtime………………………………………………………………………………… Special Premium Pay………………………………………………………………… Refusal of Assignment Outside Regular Hours…………………………………….. Call Back………………………………………………………………………………... Show Up Pay…………………………………………………………………………… Lunch Period……………………………………………………………………………. Four Ten Hour Day Shifts (4-10’s)…………………………………………………… HOLIDAYS……………………………………………………………………………… LEAVES…………………………………………………………………………………. Annual Leave…………………………………………………………………………… Sick Leave…………………………………………………………….………………… Personal Leave………………………………………………………………………… Bereavement Leave…………………………………………………………………… Jury Duty and Court Appearances…………………………………………………… Unpaid Leaves…………………………………………………………………………. Shared Leave…………………………………………………………………………… Military Leave…………………………………………………………………………… FMLA……………………………………………………………………………………... Work Availability Incentive…………………………………………………………….. INJURY WHILE ON DUTY……………………………………………………………. RATES OF PAY………………………………………………………………………… Payroll Schedules………………………………………………………………………. Rate Protection…………………………………………………………………………. Lead Rates………………………………………………………………………………. Rates of Pay…………………………………………………………………………….. Overpayment Retrieval………………………………………………………………… PENSION………………………………………………………………………………… Regular Employee………………………………………………………………………. Temporary Employee…………………………………………………………………... SENIORITY……………………………………………………………………………… Probationary Period…………………………………………………………………….. Determination of Seniority……………………………………………………………… 2
4 4 4 5 5 6 6 7 7 7 7 8 8 8 8 8 8 8 9 9 9 9 10 11 11 11 12 13 13 13 13 14 14 14 14 14 15 15 15 15 16 16 16 16 17 17 17 17
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
SECTION C: Loss of Seniority………………………………………………………………………… SECTION D: Layoff Notification……………………………………………………………………….. SECTION E: Short Calls……………………………………………………………………………….. SECTION F: Determination of Layoffs and Recalls………………………………………………… SECTION G: Military Service………………………………………………………………………….. SECTION H: Temporary Employees…………………………………………………………………. ARTICLE XV: PERFORMANCE EVALUATION……………………………………………………… ARTICLE XVI: DISCIPLINE AND DISCHARGE OF EMPLOYEES…….…………………………… ARTICLE XVII: GROUP INSURANCE…………………………………………………………………. ARTICLE XVIII: GRIEVANCE PROCEDURE………………………………………………………….. ARTICLE XIX: SAVINGS CLAUSE…………………………………………………………………….. ARTICLE XX: WORK STOPPAGE……………………………………………………………………. ARTICLE XXI: JURISDICTIONAL DISPUTES………………………………………………………... ARTICLE XXII: HIRING…………………………………………………………………………………… ARTICLE XXIII: TERM OF AGREEMENT………………………………………………………………. ARTICLE XXIV: PROTECTION OF EMPLOYEES AND PROPERTY……………………………...... ARTICLE XXV: APPRENTICESHIP PROGRAM………………………………………………………. APPENDIX: Appendix A: Salary Schedule 2016-2017…………………………………………………………… Appendix B: Grievance Request Form………………………………………………………………. Appendix C: Dues Deduction Settlement Agreement..……………………………………………. MEMORANDUM OF UNDERSTANDING
17 17 18 18 18 18 18 19 19 20 22 22 22 22 23 23 23
MOU ESSB 5940……………………………………………………………………………………………….
29
3
24 25 26
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
2016-2019 COLLECTIVE BARGAINING AGREEMENT Between the SEATTLE SCHOOL DISTRICT NO. 1 and the SEATTLE/KING COUNTY BUILDING and CONSTRUCTION TRADES COUNCIL ARTICLE I: RECOGNITION A. The Seattle School District No. 1, hereafter referred to as the District, recognizes the Seattle/King County Building and Construction Trades Council and its affiliate unions signatory hereto, and hereafter referred to as the Council, to be the sole and exclusive bargaining agent of those employees who are employed in classifications listed in Appendix A of this Agreement. B. In the event the District creates a new job classification for work covered by this Agreement, it will notify the Council who will have the opportunity to negotiate with the District over all mandatory subjects of bargaining. If there is a dispute as to whether the classification is covered by this Agreement, the matter shall be referred to the Washington State Public Employment Relations Commission Mediation Services for adjudication. C. The District and the Council recognize that it is in their best interest to develop good on-going working relationships, a collaborative problem-solving mechanism and a collaborative way to deal with problems as they arise. Therefore, the parties agree to meet and discuss subjects of respective and/or mutual interest. All or any subjects of discussion shall be deemed of interest worthy of pursuit D. If the District grants any other union that was formerly included in the Building Trades /SPS bargaining unit more favorable across-the-board wage increases, and/or benefit enhancement, than granted to the Building Trades, then the Building Trades affiliated unions shall be entitled to the same acrossthe-board wage increase and/or benefit enhancement to be implemented on the same date as negotiated with the other union formerly affiliated with the Building Trades/SPS bargaining unit ARTICLE II: AFFIRMATIVE ACTION/NON-DISCRIMINATION A. The District and the Council agree that they will not discriminate against any employee by reason of race, creed, age, color, gender, national origin, ancestry, economic status, pregnancy, physical appearance, religious belief, marital status, gender identity, sexual orientation, or mental, physical or sensory disability. B. The Council agrees with and supports the concept of Affirmative Action. Therefore, the parties mutually agree to use their best efforts to ensure that this Agreement will not be in conflict with, or inconsistent with Title VII, Title IX of the Civil Rights Act of 1964 and/or Washington State Statutes. ARTICLE III: MANAGEMENT RIGHTS The Council recognizes the District's inherent and traditional right to manage its business and operations. Accordingly, except to the extent specifically covered and controlled by the express terms of this Agreement, the Council recognizes the right of the District to hire, transfer, promote, demote, assign and retain employees and to discipline, suspend or discharge employees for just cause and to maintain the discipline and efficiency of its employees; the right to lay off; the right to establish, change and direct the methods and processes of doing work, to introduce new and improved work methods or equipment and to assign work to outside contractors; the right to determine the starting and quitting times and the number of hours to be worked; and the right to make and amend such reasonable rules and regulations as it may deem necessary for the conduct of its business and to require their observance. Except for emergency situations or matters involving safety, changes or additions to work rules promulgated by the Maintenance
4
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
Manager will be distributed to affected employees at least twenty four (24) hours before they become effective. A. SUBCONTRACTING The District shall retain its right to sub-contract work. However, the District shall not sub-contract work covered by the classifications included in this agreement unless the Core Group of employees are employed. The Core Group shall be 67 employees. After the adoption by the School District of the annual budget, the District shall meet annually with the Executive Secretary of the Seattle/King County Building and Construction Trades Council. The District shall inform the Executive Secretary of the number of Core Group employee positions that it will have for the following school year before the start of that school year as long as the School District Board of Directors has adopted the District budget for the ensuing school year. This is not a guarantee of employment, but rather it is a commitment to limit the use of outside contractors to times when the Core Group of employees are working. As an exception to the foregoing commitment not to subcontract unless all of the Core Group of employees are working, the District may still subcontract if any of the following conditions occur: 1. The required services are uncommon to District employees because they are special, highly technical, peculiar or unique in character. 2. The required services involve the use of equipment or materials not possessed by the District at the time and place required. 3. When the services of a contractor are necessary for health and safety reasons. There shall be no restriction on subcontracting any work at any time under any conditions which is above the bid threshold established by law or under any circumstance where the District is required to comply with applicable law. B. SMALL WORKS PROCESS AND PROCEDURES 1. All projects, at or below the self-performance threshold established by law and District policy (75K) in combined labor and material estimated costs (“Small Works”) will be presented to the Management for consideration of accomplishment by the Maintenance Section. If the project is work that can be accomplished without special tools or equipment, the Maintenance Section needs to rent or purchase and the current staff has the ability to complete the task or the Maintenance Section can hire itinerant staff with the requestor’s timeline and without expected overtime, the Maintenance Section will have the first right of refusal. Management will advise the requestor within twenty-four (24) hours whether the project can be done as presented or if additional information is needed to consider the project for completion. Upon presentation of the additional information this time period may be extended two (2) weeks. The proposed project must be specified to a point that it is possible to estimate resources and time necessary for completion of the project Management will discuss any project that he or she is considering rejecting with the Unit Foreperson before making a decision to pass over a project. Management reserves the right to retain Building Trades work to be performed by bargaining unit personnel when necessary for scheduling and/or cost efficiencies. 2. In compliance with The State of Washington’s requirement regarding prevailing wages and the District’s regular requirements for the safety and health of students and staff members all construction supervisors, construction personnel and contractors and all their subcontractors of whatever tier involved in small works shall be fingerprinted and submit to background checks. 3. The District Maintenance Manager will be advised on a weekly basis of all projects considered for Small Works assignment and receive copies of any specifications or instructions. The Maintenance Section will be provided with copies of purchase orders or contracts for Small Works
5
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
Projects. Upon completion of purchase orders or contracts for Small Works Projects, the Maintenance Manager will be notified of completion. The District will provide quarterly reports at the Labor Management Meetings. 4. Every project shall be subject to final inspection by the Project Manager or General Foreperson as appropriate. Final payment on the project will not be released until inspection is complete and all concerns are answered to the District’s satisfaction. 5. Contractors who receive a contract shall not sub-contract out their work unless the work being subbed out is directly specified as a specialty trade assignment, not to exceed forty (40%) of the project. All requests for subs shall be written and submitted to the HUBS/Small Works Manager for approval. The use of Labor Brokers shall not be permitted. 6. Responsible Small Works Contractors shall meet the following responsibility criteria at the time the quote/bid is submitted and before being awarded a Small Works contract: • • • • •
The contractor must be registered under RCW 18.27. The contractor must have a current state unified business identifier number. The contractor must have a worker’s compensation coverage. The contractor must have a Department of Employment Security number. The contractor must have a state excise tax registration number.
7. After being awarded a Small Works Contract, but prior to the beginning of work, the contractor must provide proof of a filing of a Washington State Intent to pay Prevailing Wage Report. ARTICLE IV: UNION SECURITY A. The District shall have the right to hire persons without regard to Union membership; provided, however, that the District and the Council shall abide by the following Union Security Clause which reads as follows: It shall be a condition of employment that all employees of the District covered by this Agreement who are members of an affiliated local union in good standing on the effective date of this Agreement shall remain members in good standing, and those who are not members on the effective date of this Agreement, shall, on or before the thirty-first (31st) day following the effective date of this Agreement, become and remain members in good standing in an affiliated local union of the Council. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its effective date shall, on or before the thirty-first (31st) day following the beginning of such employment become and remain members in good standing in an affiliated local union of the Council. B. The District will notify the Council of new hires and rehires who are to become members of an affiliated local by telephone or in writing on or before the first day of each month. C. It is also agreed that when an employee fails to fulfill the above obligation, the Council shall provide the employee and the District with notification of the Council's intent to request discharge in fifteen (15) days if compliance is not met by the employee. ARTICLE V: DUES DEDUCTIONS A. The District shall deduct union membership dues from the wages of each employee who has submitted a written authorization. Such deductions shall be transmitted monthly to the appropriate local union on behalf of the employees involved. All dues deduction authorizations, dues deductions and transmittal of dues to the appropriate local union shall be in accordance with the Settlement Agreement of Arbitration Case # 75-390-00269, in Appendix C of this Agreement.
6
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
B. The written authorization shall be irrevocable for a period of one (1) year, or until the termination of the collective bargaining agreement, whichever occurs sooner and shall be automatically renewed and shall be irrevocable for successive periods of one (1) year each, or for the period of each succeeding applicable collective bargaining agreement between the District and the Council, whichever shall be the shorter, unless written notice is given by the employee to the District, appropriate local union and Council not more than twenty (20) days and not less than ten (10) days prior to the expiration for each period of one (1) year, or of each applicable collective bargaining agreement between the District and the Council, whichever occurs sooner. C. The Union will indemnify, defend and hold the District harmless against any claims made, and against any suit instituted against the District on account of any check-off of dues. The Union agrees to refund to the District any amounts paid to it in error on account of the check-off provisions upon presentation of proper evidence thereof. ARTICLE VI: REPRESENTATION A. The Business Manager and/or Union Representative of a union signatory to this Agreement may appoint or elect a Steward among the employees that the union represents under this Agreement. The affected Local Union bylaws shall be the basis for the procedure of the election and/or appointment of the Union’s Steward. Each Local Union shall provide the Maintenance Manager with the name of its Steward. A Steward shall not be discriminated against for making a complaint or giving evidence with respect to an alleged violation of any provision of this Agreement, but under no circumstances shall a Steward interfere with orders of the District or change working conditions. B. The Council may elect two Employee Representatives from among the entire bargaining unit to attend regular Labor Management Committee meetings between the Council and the District. The election of the Employee Representatives shall be by secret ballot. The Labor Management Committee shall continue efforts to discourage and prevent harassing, abusive and/or disruptive behavior by and among employees at work. ARTICLE VII: DEFINITIONS A. Employees: For the purpose of this Agreement "Employee" shall mean a person employed by the District in one of the classifications listed in Appendix A. B. Regular Employees: 1. Employees who are actively on the payroll and normally assigned to work twelve (12) months per year, forty (40) hours per week and eight (8) hours per day. 2. A regular employee may be so designated at the time of hire or will become a regular employee upon successfully completing five (5) months of employment in any consecutive twelve (12) month period with a minimum of seventy (70) hours of regular time in each of those months. Upon becoming a regular employee such employee shall be awarded seniority rights retroactive to their original date of hire as a temporary employee. Such employee shall serve a probationary period as outlined in Article XIV-A. 3. Any employee hired as a regular employee who is laid off prior to completing the five (5) months/seventy (70) hours condition shall be granted health and welfare benefits as though such employee had initially been employed as described in Article VII-C. 4. Annual Leave and Sick/Emergency Leave rights shall be granted retroactive to the first date of the qualifying period for any/all employees achieving regular employee status.
7
Commented [GAR1]: TA
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
C. Temporary Employees: A temporary employee shall be hired on a short-term basis and shall only accrue health and welfare benefits as described in Article XVII-B (Group Insurance). All temporary employees hired by the District shall be paid an hourly rate as shown in Appendix A. Such temporary employees shall not acquire seniority and shall be subject to termination at any time without recourse to the grievance procedure. D. Apprentice Employees: Apprentices are those workers who are registered with the State of Washington according to RCW 49.04 and are participating in a State approved training program administered by a joint labor-management committee. E. Management as used in the CBA, refers to non-represented staff who have budget authority, responsibility to direct work to meet department goals, and are within the District’s direct line management structure. ARTICLE VIII: HOURS AND OVERTIME A. General Expectations: The ability to work regularly is a requirement of continued employment. Employees must report all absences to his or her supervisor before the beginning of the employee’s scheduled shift except in the case of an emergency. B. Normal Work Schedule: For regular employees, the normal work schedule Monday-Friday, will be forty (40) hours per week, eight (8) hours per day between the hours of 6:00 a.m. and 6:00 p.m., excluding a one-half (1/2) hour lunch period five (5) days per week. This shall not be construed as being a guarantee by the District of any particular number of hours. Commented [GAR2]: TA
C. Overtime: 1. When an employee is compensated in excess of eight (8) hours per day or in excess of forty (40) hours per week, the employee shall be compensated for the overtime at the rate of one and onehalf (1-1/2) times his/her regular rate of pay. 2. Work performed on Sundays and holidays shall be compensated at double time the employee's regular rate of pay. 3. No pyramiding of overtime shall be allowed. 4. All overtime must be authorized in advance by Management or the management-designated supervisor. 5. The Foreperson may assign mandatory overtime. 6. When an employee is called out to work without at least eight (8) hours off since his/her previous shift, all such call out time shall be paid at the overtime rate until he/she has had eight (8) hours off. 7. Employees on paid leave status do not qualify for the assignment of overtime work.
Commented [GAR3]: TA
D. Special Premium Pay: 1. A premium of two dollars ($2.00) shall be paid for employees that start work on a second shift after 11:00AM except for work performed on an overtime basis as an extension of a day shift employee. Employees assigned to work second shift will continue to receive the second shift two dollars ($2.00) premium for temporary day shift assignments of two (2) weeks or less. Those employees who are assigned a Monday through Friday shift shall receive time and one-half (11/2) for all Saturday work; those employees assigned a Tuesday through Saturday shift shall receive a premium of two dollars ($2.00) for all Saturday work. 8
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
2. The Sprinkler Fitter position requires a licensed Sprinkler Fitter and an AS1 Certification Test, and shall have a $4.00 an hour stipend, paid exclusively when performing Sprinkler Fitter duties, as long as the Sprinkler Fitter’s AS1 certification is current. If at any time AS1 Certification lapses, the stipend will be removed effective 30 calendar days from the date of license expiration. This stipend will not cascade to higher positions and will not be considered part of the rate for highest journeyperson supervised. Should the Seattle Fire Department standard with respect to AS1 certification cease to exist, such that certification is no longer required, the additional duties and stipend will cease upon written or electronic notification to the Sprinkler Fitter in the position at the time the requirement ceases. Duties of the Sprinkler Fitter position include quarterly and semiannual sprinkler inspections as required by the Seattle Fire Department. Added responsibilities include: • •
Installing, maintaining, and testing SPS sprinkler systems to assure they meet AS1 Certification requirements; After hours emergency response is required, as needed.
3. Two (2) District plumbers will be assigned the Backflow Assembly Tester (“BAT”) duties. The BAT positions will be offered to current FTE status District plumbers using district seniority in the plumbers as the selection criterion. An individual who does not want to be tested and certified as a BAT gives up the right to that opportunity, until a BAT position opens up in the future. Individuals who hold the required BAT certification and are selected to perform the BAT positions will receive a $4.00 per hour stipend. This stipend will not cascade to higher positions and will not be considered part of the rate for highest journeyperson supervised. If more than two (2) District plumbers have a BAT certification, only the two employees who designated to be part of the BAT position will receive the stipend. 4. One existing Electrician position within Electrician classification will be designated to complete additional duties that include annual maintenance and testing of emergency generator systems as required by the City of Seattle. This position requires a Washington State licensed (EL-01) Electrician and a current EG-1 Certification. The added responsibilities include: • •
Installation, Maintenance and confidence testing of electrical systems related to emergency generators EG-1 requirements; After hours emergency response as required.
Parties agree that I.B.E.W. 46 District Electricians be assigned the responsibility to repair and inspect electric generators installed in District buildings. The parties agree that the EG-1 Electrician shall receive an additional $4.00 an hour stipend for all hours performing emergency electric generator work. There shall be a minimum of two (2) hours per electric generator work assignment and stipend pay period. This stipend will not cascade to higher positions and will not be considered part of the rate for highest journeyperson supervised, nor shall it be subject to pyramiding for the purpose of overtime calculations. Should the City of Seattle standard be changed or modified to remove the annual maintenance and testing of emergency generators requirement, the additional duties and stipend will immediately cease upon notification to the current incumbent in the position. E. Refusal of Assignment Outside Regular Hours: In assigning work for swing shift, the employer will first ask for volunteers; if enough people do not volunteer, the employer will assign people in inverse seniority order. If a significant hardship is created by assigning an employee to swing shift, the employer will review and verify the circumstances with the Union, and where appropriate, the employer will pass over this employee and assign the next least senior employee. If there are more volunteers than available for swing shift positions for a particular craft, those volunteers with the most seniority within the craft and with the required skill within the craft shall be 9
Commented [LW4]: OK
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
assigned to the available positions except in situations where the more senior volunteer within the craft has a skill/expertise and/or performs a special function as part of his/her regular duties for which the District determines it will retain that employee on other than the swing shift. F. Call Back: Any employee who is required to return to work after the end of his/her regular shift shall be paid a minimum of four (4) hours pay at his/her appropriate rate. In situations where the employee does not have to return to work (work on line), the employee will be compensated for time worked at one and one-half (1 ½) times the individual employee’s hourly rate of pay for regular shift; time will be rounded up to the nearest 15 minute period with a 90 minute minimum. If called back by management while on approved vacation or personal leave the work time will be paid at double the employee’s regular rate of pay. G. Show Up Pay: Any employee called to work shall be paid a minimum of two (2) hours at appropriate rate of pay. H. Lunch Period: The District shall establish a regular non-paid lunch period for each employee. In the event an employee is required to perform work beyond five (5) hours without lunch the employee shall receive one-half (1/2) hour penalty pay at the applicable overtime rate and shall also receive time to eat. I.
Four Ten Hour Day Shifts (4-10's): 1. Four Ten Hour Shifts (4-10's) may be scheduled, so long as the District provides at least seven (7) days advance notice. Prior to termination of the four-ten hour shift schedule, the District shall provide at least seven (7) days advance notice. Management reserves the right to decline 4-10 shifts for positions required to work a traditional five day/8 hour day schedule due to coverage and/or operational needs. 2. The following conditions shall apply specifically to the four-ten hour shifts: a. Overtime shall be paid after ten (10) hours in a day or forty (40) in one week. b. Holidays: During a holiday week, the employees shall revert to an eight (8) hour day. Holiday pay shall be paid at eight (8) hours per day. c.
Leave Accruals: Employees who are working four-ten hour shifts (4X10's) shall earn (accrue) the same number of total annual hours for annual leave, sick leave, holiday pay, personal leave, and bereavement leave. Example: an employee working five (5) days per week and who has two (2) years service earns eighty (80) hours of annual leave. If that employee goes to work on a 4X10 schedule, he/she shall earn (accrue) eighty (80) hours of annual leave. Employees shall not earn (accrue) more leave or less leave than if they were on an eight (8) hour day schedule.
d. Taking Leave: Employees who work ten (10) hour days shall be paid and be charged ten (10) hours per day for sick leave, personal leave, annual leave, and bereavement leave. Employees shall not earn more leave or less leave than if they were on an eight (8) hour day schedule. 3. If enough volunteers cannot be found to work this 4-10 schedule, employees shall be assigned by reverse seniority within each craft and skill within a craft. If there are more volunteers than available 4-10’s position for a particular craft, those volunteers with the most seniority within the craft and with the required skill within the craft shall be assigned to the available positions except in situations where the more senior volunteer within the craft has
10
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
a skill/expertise and/or performs a special function as part of his/her regular duties for which the District determines it will retain that employee on other than the 4-10’s shift. J. Shift Change: The District shall give seven (7) days advance notice prior to changing a shift. The District shall be permitted, through mutual agreement, to adjust shifts. At the District’s discretion, employees requesting to adjust their start time may be granted with one (1) day notice. ARTICLE IX: HOLIDAYS A. The following are paid holidays for all regular employees regardless of the day of the week on which they fall: Labor Day Veterans' Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day Day After Christmas
New Years’ Eve New Year's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day
B. The District shall pay each regular employee at his/her straight-time hourly base rate not to exceed eight (8) hours for each of the above designated holidays when not worked. In order to qualify for holiday pay, an employee must have worked his/her last scheduled workday before and his/her first scheduled workday after the holiday. Exception will be made in cases where absence on the workday prior to or the workday following was due to annual leave, injury, bona fide illness covered by a doctor's certificate, or temporary layoff of less than thirty (30) days. C. The actual days observed shall be as designated on the calendar adopted by the School Board. ARTICLE X: LEAVES A. ANNUAL LEAVE: 1. Each year, regular employees, upon their employment anniversary dates, shall be entitled to paid Annual Leave corresponding to the following schedule: Years of Service 0-4 Years 5-14 Years 15- 18 Years 19+ Years
Annual Leave 13 Days or 104 Hours 18 Days or 144 Hours 23 Days or 184 Hours 28 Days or 224 Hours
2. Such Annual Leave entitlement shall be prorated where unpaid absences exceed thirty (30) days in the twelve (12) months preceding the anniversary date. 3. Current employees shall be credited with Annual Leave based on their length of service. 4. No Annual Leave can be taken before earned. 5. Annual Leave days to a limit of thirty (30) may be cashed out at time of termination. No employee or his/her estate shall receive reimbursement for more than thirty (30) Annual Leave days at time of termination. Any balance over thirty (30) days may be applied to scheduled Annual Leave prior to termination.
11
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
6. The scheduling of Annual Leave days shall be at the discretion of Management, and the employee, based on operational needs. a. In establishing vacation schedules, it is not possible to grant all employees the annual leave period requested. Each craft must retain enough staff to cover anticipated operational needs, as supporting District needs is of prime importance. Management will work with employees who are in a “use it or lose it” situation. b. An employee’s annual leave request will be provided to the direct supervisor and Management in writing thirty (30) days in advance for leaves three (3) days or longer in duration. Leaves that are submitted less than twenty-one (21) days in advance may not be granted. Leave approval or denial will be made by the district within five (5) working days. Vacation conflicts will initially be worked out between employees within the same unit. It may not be possible to grant all employees the annual leave they would prefer. If an agreement cannot be reached, information will be reviewed by their direct supervisor, senior General Foreperson, and Management to determine the schedule. 7. Maximum accumulation is limited to 240 hours. Employees must eliminate accumulated leave in excess of 240 hours each fiscal year (September-August). Such employees will be required to submit a plan for approval by their supervisor for eliminating excess leave by this deadline. Any unused leave in excess of 240 hours each fiscal year (September-August) will be reclaimed by the District. B. SICK LEAVE: 1. Each regular employee shall earn Sick Leave equivalent to one (1) day for each calendar month of service or major fraction thereof to be used for absences caused by non-occupational illness, non-occupational injury, medical disability (including childbearing), poor health, or child care to the extent required by law. Use of such leave shall be set forth in Items a and b below. In the event there is an emergency caused by family illness, where no reasonable alternative is available to the employee, Sick Leave may be used subject to the conditions set forth for Personal Leave (X-C). a. Use of Sick Leave shall be reported to the employee's supervisor prior to the start of the work shift and will become effective upon the first day of absence. b. A physician's certificate or other verification of illness or injury may be required for approval of Sick Leave, if the District has concerns regarding an employee’s attendance. c.
Commented [GAR5]: TA
After the fifth (5th) consecutive day of absence, a physician’s certification of illness will be required without diagnosis.
2. Accumulation: Employees shall be allowed to accumulate up to one hundred eighty (180) days of Sick Leave or as may be amended by State law. 3. Sick Leave Buy Back Program: a. At the time of eligible separation from District employment, an eligible employee or the employee's estate shall be entitled, upon written request to Human Resources, to compensation for all unused Sick Leave up to the one-thousand four-hundred and forty (1,440) hour maximum at the ratio of 4:1 at his/her straight time hourly rate. Alternatively, if/when the District offers VEBA III or other qualifying program; the District will discuss such programs with the Council. b. On or about January 15 of each year, employees may elect to be compensated at the ratio of a rate equal to one (1) day's monetary compensation of the employee for each four (4) full
12
Commented [GAR6]: TA
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
days of accrued Sick Leave in excess of sixty (60) days which was earned but unused during the previous calendar year. C. PERSONAL LEAVE: 1. Two (2) days [one (1) day if hired on or after March 1] of Personal Leave shall be available per fiscal year (September 1 through August 31) to regular employees for hardships or other pressing needs and will be granted in situations which require absence during working hours for purposes of transacting or attending to personal or legal business or family matters. Such days shall not accumulate from year to year. Commented [GAR7]: TA
2. Personal Leave should be used as follows: a. The situation must have been suddenly precipitated and must be of such nature that preplanning was not possible, or such that pre-planning could not have eliminated the need for the leave; and, b. The situation must be one which is serious and unavoidable and of major importance, not one of mere convenience. D. BEREAVEMENT LEAVE: 1. In cases of death in the immediate family the employee will be allowed up to three (3) days Bereavement Leave. In cases where emergency factors or long distances are involved, the employee may request up to two (2) additional days leave. a. Such requests should be sent to the employee's foreperson who shall submit it to the Maintenance Manager for approval. b. For the purpose of Bereavement Leave, immediate family is defined to include mother, father, sister, brother, husband, wife, son, daughter, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandchild, grandparent, aunt, uncle, or anyone who is living with, or considered part of, the family. 2. Bereavement Leave will be granted only for days immediately following the death and days directly linked to a formal observance of the death (e.g., a funeral or memorial service). 3. The employee requesting Bereavement Leave may be required to provide verification. E. JURY DUTY AND COURT APPEARANCES: 1. Employees may serve as jurors in accordance with State and Federal laws. 2. Requests for Jury Duty for the necessary temporary leave shall be made in writing to the employee's foreperson, who shall submit it to the Maintenance Manager for approval. 3. Employees who serve as jurors during the work year shall receive full pay. 4. When an employee is subpoenaed to appear as a witness in a court proceeding during a normal work day on the District’s behalf or as a witness in a proceeding in which the employee has no personal interest, the employee shall receive his/her regular pay for the day, provided that a copy of the subpoena is provided to the District. This provision does not apply where the employee’s appearance is adversarial to District interests. F. UNPAID LEAVES:
13
Commented [GAR8]: TA
Commented [GAR9]: TA
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
The District does not grant unpaid leaves of absence or voluntary days off without pay except in unusual circumstances. Requests must be submitted in writing to the department manager and be approved before any leave of absence begins. G. SHARED LEAVE: The District agrees to maintain a leave sharing plan that conforms to the law. H. MILITARY LEAVE: The District will comply with Federal and State statutes. I.
FAMILY AND MEDICAL LEAVE ACT (FMLA): The District will comply with current Federal and State statutes.
J.
Commented [GAR10]: TA
WORK AVAILABILITY INCENTIVE In order to maximize the availability of Building Trades employees during the period that schools are most accessible, a five hundred dollar ($500.00) peak workload availability incentive will be paid to all regular employees who do not use any leave during the period of August 1 through September 10. The incentive will be on the eligible employees’ November paycheck following the incentive period each year. To be eligible to receive this incentive, an employee must be employed with the District and be a regular status or full-time temporary employee prior to July 1 of the incentive period. Management agrees to review exceptional circumstances if an employee has taken leave during the eligibility period and requests review prior to taking leave if possible and no later than five (5) working days after returning to work. Management will provide notice within five (5) working days from the date request received if a requested exception is not approved. If Management does not provide notice within five (5) working days, the exception is approved. A list of employees who did not qualify for payment will be reviewed with the Union prior to the incentive payment.
ARTICLE XI: INJURY WHILE ON DUTY A. Absence due to an injury incurred on or around School District premises in the course of the employee's employment, or as a direct result of the employee performing his/her duty, shall be compensated as follows: 1. State Medical Aid and/or compensation shall be paid upon validation of a claim by the Washington State Department of Labor and Industries and the Seattle School District in accordance with the Industrial Insurance Laws of the State of Washington, provided: a. The employee shall promptly submit a Worker's Compensation Claim with the assistance of the designated District Office; and, b. The employee provides to the designated District office monthly physician reports verifying continuation of the disability which prevents the employee from performing his/her duties. c.
An employee who suffers an injury must report any injury, no matter how slight.
2. In the instance of an injury described above, an employee shall be entitled to such benefits in accordance with the Industrial Insurance Laws of the State of Washington. B. The employee may elect to exercise the option of not using earned Annual Leave or Sick Leave to supplement time loss payments. Employees may elect to utilize earned Annual Leave or Sick Leave, in hourly increments, to supplement time loss payments to ensure that the employee receives his/her regular net pay.
14
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
ARTICLE XII: RATES OF PAY A. Payroll Schedules: 1. Regular Employees shall be paid monthly. 2. Temporary Employees shall be paid twice per month. 3. If regular employees are laid off, they will be paid off within ten (10) days of the layoff date. 4. All employees will be required to have direct deposit. Extenuating circumstance exceptions will be made on a case by case basis.
Commented [GAR11]: TA
B. Rate Protection: As a result of signing this Agreement, no current employee shall have his/her hourly rate reduced below the level currently paid to a journeyperson. C. Lead Rates: 1. District Management shall appoint a Senior General Foreperson for Critical Maintenance. Senior General Foreperson pay shall be reflected in Appendix A. 2. The District shall appoint a General Foreperson when four (4) or more employees are. directly assigned to work for them and/or have the following responsibilities: supervision of the workers and or contractor, material requisition, planning and scheduling, approve employee payroll and work order item; provides electrical, structural, mechanical, etc. expertise; knowledge of codes. The General Foreperson pay shall be reflected in Appendix A. 3. District Management shall appoint a Foreperson for work orders and or projects requiring multiple employees and the duration of the work is estimated to exceed two (2) weeks and/or have the following responsibilities: supervision of the scope of work, material requisition, planning and scheduling. The Foreperson pay shall be reflected in Appendix A. In the event that mutual agreement on the need for supervisor staffing cannot be reached between the general foreperson and first-line management, the matter may be taken up by the Union with the Director of Facilities or designee. 4. If a Senior General Foreperson, General Foreperson, or Foreperson is absent for three (3) or more working days, District Management shall appoint a temporary Senior General Foreperson, General Foreperson or Foreperson to replace him/her. District Management may appoint a temporary Senior General Foreperson or General Foreperson or Foreperson for absences of less than three (3) days. 5. The Foreperson or General Foreperson or Senior General Foreperson will be compensated for all hours worked at the Foreperson’s, General Foreperson’s or Senior General Foreperson’s hourly rate of pay as assigned, including work during an overtime period and for any paid holidays occurring after the temporary assignment is made. Any other hours on a paid leave status occurring during the period of the temporary assignment will be compensated at the individual’s regular rate of pay. 6. If the temporary assignment is the result of a vacancy which the District intends to fill, the District barring unforeseen circumstances will make a good faith effort to make a selection and fill the vacancy via a regular appointment within thirty (30) working days. 7. The temporary Foreperson or General Foreperson or Senior General Foreperson will assume the same responsibilities of a regular Foreperson or General Foreperson or Senior General Foreperson and will be expected to establish work plans, dispatch individual workers and crews;
15
Commented [GAR12]: TA
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
review and sign timesheets, as appropriate; prepare requisitions and approve invoices, respond to emergencies as required of this position, keep good relations with schools and staff. A temporary Foreperson will not be assigned when the project or work order is less than required per C: Lead Rates. If a temporary Foreperson is to be reduced back to their regular position, notice will be given to them prior to reduction implementation. Commented [GAR13]: TA
D. Rates of Pay: 1. The 2016-2017 rates of pay shall be the same as the 2015-2016 rates of pay increased by three percent (3%), including the 1.8% state-funded pass through for classified staff. The increase shall be reflected in the salary schedule in Appendix A; provided however, employees in the following classification shall receive, in addition to the above increase, the additional increases specified here: • Electrician classification (not including FA1 Electrician classification), one percent (1.0%) 2. The 2017-2018 rates of pay shall be the 2016-2017 rates of pay increased by three percent (3%) including the state-funded pass through for classified staff, unless the state-funded increase exceeds three percent (3%) in which case rates of pay shall be increased by the full state-funded increase. The increase shall be reflected in the salary schedule in Appendix A; provided however, employees in the following classification shall receive, in addition to the above increase, the additional increases specified here: • Electrician classification (not including FA1 Electrician classification), half percent (0.5%). 3. The 2018-2019 rates of pay shall be the 2017-2018 rates of pay increased by three percent (3%) including the stated-funded pass through for classified staff, unless the state-funded increase exceeds three percent (3%) in which case rates of pay shall be increased by the full state-funded increase. The increase shall be reflected in the salary schedule in Appendix A. 4. The percentage increase will be designed to fully utilize the increased funding in accordance with legislative intent. Prior to the implementation of pass-through increases, the District will discuss with the Seattle/King County Building and Construction Trades Council/Union the appropriate amount and distribution of the funds. 5. In the event the State of Washington reduces salary or benefits for school district classified staff, the parties agree that reductions may be imposed. However, prior to the implementation of reductions, the District will discuss with the Seattle/King County Building and Construction Trades Council/Union the manner in which the reductions may be imposed. If the parties cannot agree, the subject of imposed decreases will be treated as a negotiable matter.
Commented [GAR14]: TA
E. Overpayment retrieval: 1. Salary overpayments due to error shall be repaid in accordance with RCW 49.48.200. RCW 49.48.200 incorporates RCW 49.48.210 for recoupment of overpayments. 2. When the District determines that a Union member was overpaid wages, the District shall notify the Union member’s Union representative of the amount believed to be overpaid, and provide any documentation supporting or establishing the overpayment. Before beginning the recoupment process set forth in RCW 49.48.200 and RCW 49.48.210, the District and the Union representative shall negotiate the amount of overpayment and repayment schedule. The District will not bargain directly with any Union members during the process. ARTICLE XIII: PENSION A. Regular Employees:
16
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
1. The District shall provide the required contributions to the Public Employees Retirement System or School Employee’s Retirement System, as appropriate, for regular employees only. 2. Regular employees shall not be eligible for District contribution to any other pension plan except as provided under Article VII-B-3. B. Temporary Employees: 1. The District may as a matter of the recruitment process extend pension contribution as needed or allowable by law. 2. The District shall not be obligated to provide Public Employees Retirement System or School Employees Retirement System contributions to temporary employees except when a temporary employee has attained regular employee status as provided in Article VII-B-2. ARTICLE XIV: SENIORITY A. Probationary Period: Newly hired employees to employment in the bargaining unit and/or employees who have been rehired to employment in the bargaining unit shall complete a five (5) month probationary period. At the conclusion of such probationary period, the employee will be considered a regular employee and credited with seniority for service time from his/her initial date of hire less any time not spent working in the bargaining unit.
Commented [GAR15]: TA – 8/25/20106
1. Temporary employment, worked without a break in service of no more than one hundred and eighty (180) calendar days prior to regular appointment, counts toward the five (5) month probationary period when the employee is hired into a regular position or attains regular employee status as provided in Article VII-B-2. 2. A break in service shall not be created for the sole purpose of creating an additional probationary period or to prevent a temporary employee from attaining regular employee status. B. Determination of Seniority: In determining seniority, no deductions shall be made because of illness, accident, layoff or leave of absence when such time off does not exceed twenty-four (24) months. C. Loss of Seniority: Any employee shall lose seniority under this Agreement for the following reasons:
Commented [GAR16]: TA
1. Voluntary termination as a member of the bargaining unit. 2. Discharge for cause. 3. Failure to return to work within five (5) days after receipt of written notice of recall from layoff. The District shall be responsible to provide such written notice to the employee with a copy to the Council. Receipt of notice by the Council begins the five (5) working day recall period. 4. Failure to return to work promptly after an unauthorized leave of absence. 5. Layoff for a period of twenty-four (24) months or longer, less time not spent working for the District. 6. It shall be the employee’s responsibility to keep the union and District informed of current address and telephone numbers. Commented [GAR17]: TA
D. Layoff Notification:
17
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
1. Employees with three (3) years of continuous service shall be given two (2) week’s notice prior to layoff. Other employees shall be notified one (1) hour prior to layoff. 2. Employees acting in a Foreperson/General Foreperson role and shop stewards for the specific craft shall be advised of layoffs of supervised employees at the start of shifts in which the layoffs will take effect. E. Short Calls: The Union's signatory hereto shall allow the District, if it chooses, to use short calls of ten (10) days or less for the purpose of eliminating the waiting period created by a seniority recall order. F. Determination of Layoffs and Recalls: The District and the Council agree that length of service and skills required shall determine layoffs and recalls. G. Military Service: An employee called into military service shall not lose any seniority to which entitled under the law. H. Temporary Employees: Temporary employees shall not be used to replace regular employees with seniority unless those regular employees with seniority are unavailable as defined in Article XIV-C. ARTICLE XV: PERFORMANCE EVALUATION AND PERFORMANCE IMPROVEMENT PLAN A. Performance evaluations will be conducted as follows: 1. All new hires will receive performance expectations at the start of their probationary period.
2. It is expected that each Each employee shall be evaluated at least once prior to a successful completion of the probationary period. The appropriate union representative may request feedback on any employee discharged prior to the conclusion of the probationary period. 3. Regular employees shall be evaluated annually on or before the employee’s anniversary date and will be provided a copy of their evaluation; employees will review performance expectations as part of the annual performance evaluation process. 4. Employee’s direct supervisor will be responsible for completing the evaluation. All evaluations will be reviewed by the direct supervisor and management prior to issuance. 5. Employees who disagree with their evaluation may provide a written rebuttal, arrange to meet with the direct supervisor, Senior General Foreperson and Management for discussion or file a grievance if it pertains to process only. B. The performance evaluation will be developed and/or updated through the Labor/Management Committee. C. The Maintenance Manager will be responsible for implementing and carrying out a performance improvement plan for employees who have been placed on said improvement plan through the regular evaluation process. D. When an employee is placed on a performance improvement plan, he/she will receive a letter which will identify the specific: 1. Issues which necessitated implementation of a performance improvement plan;
18
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
2. Areas in which the employee must demonstrate sustained improvement; and consequences for failure to do so; 3. Time period by which the employee will demonstrate improvement and 4. The process for monitoring performance during that period. E. The Council will receive quarterly reports on performance improvement plans through the Labor/Management Committee. ARTICLE XVI: DISCIPLINE AND DISCHARGE OF EMPLOYEES A. Employees and supervisors are encouraged to resolve matters concerning discipline through informal processes. Employees are entitled to Union Representation at meetings which may result in disciplinary action. B. No regular (non-probationary) employee shall be disciplined except for just cause. Generally, discipline shall be progressive in nature. Examples of discipline include, but are not limited to, oral and written reprimands, suspensions and termination.
C. Prior to suspensions or terminations, Management shall demonstrate to the appropriate Union representative any previous discipline or direction given to the employee taken and timelines given to employees. ARTICLE XVII: GROUP INSURANCE The District shall make available funds to contribute toward premiums of District-approved or union group insurance programs. A. For each year of the agreement, the District shall contribute the classified State allocation for insurance per regular FTE employee. The District shall also pay the State the retiree carve-out above this amount. B. Temporary Employees: 1. The District shall provide health and welfare contributions for temporary employees based upon the same hourly equivalent as those contributions made for the externally employed members of their respective craft or the amount specified by each health and welfare trust. Any District contribution in excess of the group insurance premium charged by the respective union health and welfare trust shall to allocate to the temporary employees union pension fund account. The rates shall be effective September 1 of each year and shall be in effect for that fiscal year. 2. In the event that a trust fund refuses to accept the health and welfare contribution on behalf of a temporary employee, then such temporary employee shall be paid an hourly premium in lieu of health and welfare benefits. Such premium shall be equal to the hourly contribution for the respective craft. 3. For temporary employees attaining regular employee status as provided in Article VII-B-2, enrollment in the benefit program for regular employees shall occur within the first thirty-one (31) days after attaining regular employee status. The District will continue to pay the employee’s applicable union Health & Welfare contribution for any period prior to the effective date of medical coverage as a regular employee.
19
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
C. Enrollment of New Employees: The enrollment of new employees in the benefit program shall begin with their employment and shall occur within the first thirty-one (31) days after the beginning of service. 1. Those regular craft employees, on a craft-by-craft basis, who desire to opt out of the District's plan may elect to participate in their respective crafts health benefit plan, subject to the following conditions: a. The monthly contribution shall be the same as for other classified employees as outlined in paragraph A, above. b. The respective trust funds agree to accept the monthly contribution as the extent of the District's obligation for all health benefits, including life insurance, disability, etc. However, if the monthly contribution required by the trust fund exceeds the monthly allotment paid by the District, all affected employees shall have the difference deducted from their paychecks and remitted to the trust fund. c.
Such participation in these trust funds is allowed under and complies with applicable law.
d. Excess medical premiums of those employees not participating in the District sponsored medical plan shall go into the classified medical pool. The business representative for the craft(s) with excess medical premiums shall notify the Payroll Manager and the Department of Labor Relations by December 1 of each year of the excess medical premium amount to be credited to the classified medical pool. Such amount shall be in effect for one year. D. Benefits Committee: The District will, with the participation of all employee groups, establish a Joint Committee to review the delivery of District-sponsored insurance benefits. This committee shall meet no later than October 31 of each school year. 1. The Committee shall study and make recommendations for consideration by the District and all involved employee groups concerning: b. Self-insurance of insurance benefits. c.
The selection process for District-sponsored plans.
d. The use of excess reserves which may exist with insurance providers. e. Surveying District employees to determine employee preference regarding insurance benefits. 2. This Committee shall prepare its reports by the end of March of each school year for District and employee group(s) review. 3. The parties have further agreed that it is their intent to comply with any limitations imposed by State laws. No provision of this agreement shall be interpreted or applied so as to place the District in breach of State law or subject the District to a State funding penalty. ARTICLE XVIII: GRIEVANCE PROCEDURE A. The purpose of this procedure is to provide a means for the orderly and expeditious adjustment of grievances. B. Any dispute between the District and the Council concerning the interpretation, application or violation of the express terms of this Agreement shall be deemed a contract grievance.
20
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
C. A contract grievance on behalf of a majority of the employees in the bargaining unit shall be reduced to writing by the Union and may be introduced at Step 3 of the contract grievance procedure and be processed with the time limits set forth herein. D. Any time limits stipulated in the grievance procedure may be extended for stated periods of time by the appropriate parties by mutual agreement in writing. E. Failure of the District to respond within the time limits, as specified, allows for the grievant or the Council to proceed to the next step. F. Arbitration awards or grievance settlements shall not be made retroactive beyond the date of the occurrence or non-occurrence upon which the grievance is based; that date being thirty (30) calendar days or less prior to the initial filing of the grievance. G. A contract grievance shall be processed in accordance with the following procedure: Informal Step: A grievant shall first take up a complaint or problem with the appropriate supervisor in a private informal conference. Every effort should be made by the grievant and the appropriate supervisor to settle the grievance at this level. Step 1: If the grievant is dissatisfied with the results of the informal conference with the appropriate supervisor, a contract grievance shall be presented by the Union Representative on a Grievance Review Request Form (See Appendix B) to the immediate supervisor of the aggrieved employee within ten (10) working days of the alleged contract violation. The parties shall make every effort to settle the contract grievance at this stage promptly. The immediate supervisor shall consult with and/or meet with the Union Representative, and respond to the grievance in writing within ten (10) working days. Step 2: If the contract grievance is not resolved as provided in Step 1, the Union Representative shall forward the grievance to the Director of Facilities or designee within ten (10) working days after receipt of the Step 1 answer. The Director of Facilities or designee shall thereafter convene a meeting within ten (10) working days between the Union Representative and aggrieved employee, together with the designated supervisor, the Section Manager and any other members of management whose presence is deemed necessary by the District to a fair consideration of the alleged contract grievance. The Director of Facilities or designee shall give a written answer to the Union within ten (10) working days after the contract grievance meeting. Step 3: If the contract grievance is not settled in Step 2, the Union may refer the issue to the American Arbitration Association for arbitration to be conducted under its voluntary labor arbitration regulations. Such reference to arbitration shall be made within thirty (30) calendar days after the answer in Step 2, and shall be accompanied by the following information: 1. Identification of section(s) of Agreement allegedly violated as presented in Step 2 or mutually amended; 2. Nature of the alleged violation as presented in Step 3 or mutually amended; 3. Question(s) which the arbitrator is being asked to decide; and 4. Remedy sought. H. The parties shall abide by the award made in connection with any arbitral difference. There shall be no suspension of work, slowdown or curtailment of services while any difference is in process of adjustment or arbitration. I.
In connection with any arbitration proceeding held pursuant to this Agreement, it is understood that:
21
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
1. The arbitrator shall have no power to render a decision that will add to, subtract from or alter, change or modify the terms of this Agreement, and his/her power shall be limited to interpretation or application of the express terms of this Agreement, and all other matters shall be excluded from arbitration. 2. The decision of the arbitrator shall be final, conclusive and binding upon the District, the Union and the employees involved. 3. The cost of the arbitrator shall be borne equally by the District and the Union and each party shall bear the cost of presenting its own case. 4. The arbitrator's decision shall be made in writing and shall be issued to the parties within thirty (30) days after the case is submitted to the arbitrator. ARTICLE XIX: SAVINGS CLAUSE If any provision(s) or any application(s) of this Agreement to any employee or group of employees shall be found contrary to law, then such provision(s) or application(s) shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect for the term of this Agreement, and the parties shall thereupon seek to negotiate substitute provisions which are in conformity with the applicable laws.
ARTICLE XX: WORK STOPPAGE A. The Union agrees not to cause any strikes or stoppages of work, and the District agrees not to engage in any lockouts during the life of this Agreement. B. It shall not be a violation of this Agreement or cause for discipline or discharge for any employee to refuse to cross a legal picket line (endorsed by the Seattle/King County Building and Construction Trades Council) in the performance of his/her duties, as provided under this Article. ARTICLE XXI: JURISDICTIONAL DISPUTES Any jurisdictional dispute which may arise between any two (2) or more labor organizations signatory to this collective bargaining agreement with the District shall be settled in the following manner: A. A Union which contends a jurisdictional dispute exists shall file a written statement with the District and other affected Unions describing the substance of the dispute. 1. During the thirty (30) day period following the written statement described in Article XXI-A, the Unions along with representatives of the District shall attempt to settle the dispute among themselves with the assistance of the Washington State Public Employment Relations Commission Mediation Service, if needed. 2. If the dispute is not settled by the means provided in Article XXI-B, either of the disputing Unions or the District may refer said dispute to the American Arbitration Association for arbitration to be conducted under its voluntary labor arbitration regulations. B. The District shall not assign work customarily performed by members of the Bargaining Unit to other District employees. Claims of violation of this understanding shall not be subject to the grievance and arbitration provisions of this agreement, but rather shall be processed in accordance with applicable law. ARTICLE XXII: HIRING
22
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
A. The District will call upon the appropriate local union to refer qualified applicants for work in the classifications herein contained. B. Selection and referral of applicants for jobs shall be on a non-discriminatory basis and shall in no way be affected by race, color, age, gender, creed, national origin, ancestry, economic status, pregnancy, physical appearance, religious belief, marital status, gender identity, sexual orientation or mental, physical or sensory disability, nor by Union membership, bylaws, rules, regulations, constitutional provisions, or any other aspect or obligation of Union membership, policies or requirements. Shop stewards shall be notified of new hires before the beginning of the shift in which the new employee begins work. C. When the District has placed an oral or written order for referral of workers from the Local Union and should a shortage of applicants exist, and they cannot be supplied by the Local Union within forty-eight (48) hours from the time workers ordered are required to report to the job, Saturdays, Sundays and holidays excluded, the District may then seek applicants from other sources. When the District so hires workers from sources other than the Local Union, the District shall notify the Council in accordance with Article IV-B. ARTICLE XXIII: TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and will run through August 31, 2019. Written notice of intent to terminate or modify this Agreement must be served by the requesting party at least sixty (60), but no more than ninety (90), days prior to the expiration date of the Agreement. ARTICLE XXIV: PROTECTION OF EMPLOYEES AND PROPERTY The District or its insurer shall reimburse an employee for any certified loss of or damage to personal property necessarily used in the course of duty or in transporting him/her to or from his/her place of assignment when such loss or damage is willfully and maliciously inflicted by students or persons known or unknown on District premises or while the employee is on duty, subject to the following conditions: A. The District shall reimburse first-dollar losses up to the limit of the employee's insurance deductible not to exceed five hundred ($500) dollars. B. There shall be no reimbursement for loss of cash. C. The use of personal equipment at work must have the prior approval of the supervisor, and a current inventory must be on file. D. There must be proof submitted that the employee either has no insurance or that his/her insurance does not cover the damage or loss in question. An employee must exhaust his/her own insurance recovery possibilities before being eligible for reimbursement under this Article. E. A Notice of Loss and Claim Reimbursement Form must be filed with the District’s General Counsel’s Office within twenty (20) days after the damage or loss occurs. ARTICLE XXV: APPRENTICESHIP PROGRAM A. The District and the Council agree to form a committee to review the feasibility of implementing an apprenticeship program. The Apprenticeship Committee will be composed of up to three (3) District representatives and three (3) Council representatives. The Committee will meet within 60 days of ratification with the contract by both parties. The Committee will design a proposed State- approved training program and will only implement if it is agreed to by both parties. The Committee will conform to the standard of the Apprenticeship Rules, Chapter 296-05 Washington Administrative Code (WAC) and RCW 49.04.
23
Commented [GAR18]: TA
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
1. Council recommends the District become a training agent for existing BTC apprenticeship training programs. 2. Council recommends to exclude this from the CBA; instead, do an MOU after committee meets.
24
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
2016-17 CRAFTS & TRADES SALARY SCHEDULE (CT3, CT6 & CT8) Effective 9/1/2016 Trade Asbestos Worker Electrician FA1 Electrician Electronic Tech Plumber/Steamfitter Glazier Bricklayer Roofer Sheet Metal Painter Laborer Equipment Operator Carpet Layer Drywall Taper General Foreperson Senior General Foreperson
Hourly $34.88 $33.12 $37.18 $30.66 $35.99 $31.07 $31.85 $32.33 $35.12 $30.19 $26.67 $28.70 $29.81 $30.60 $40.89 $44.98
APPENDIX A
Monthly $6,046.48 $5,740.90 $6,443.86 $5,314.11 $6,237.76 $5,386.06 $5,520.97 $5,604.16 $6,086.75 $5,233.04 $4,622.95 $4,974.82 $5,166.59 $5,303.51 $7,088.25 $7,797.07
Annual $72,558 $68,891 $77,326 $63,769 $74,853 $64,633 $66,252 $67,250 $73,041 $62,796 $55,475 $59,698 $61,999 $63,642 $85,059 $93,565
1. Forepersons shall be paid a $3.00 premium in addition to their regular hourly rate. 2. General Forepersons shall be paid 10% higher than the highest paid rate. (FA1 Electrician) 3. Senior General Foreperson shall be paid 10% higher than the General Foreperson. 4. Laborers assigned to work as equipment operators shall be paid a $1.00 premium in addition to the regular Laborer rate. 5. Any employee who has current certification as a rigger, and who is assigned rigging duties, will be paid a $4.00 premium when performing such duties. 6. The parties to this agreement agree to the addition of the FA-1 Electrician as a classification and rates in this Appendix, in lieu of a continued premium. This determination is a result of collective bargaining.
2016-17 Trades Salary Schedule w/3.0% increase effective 9/1/2016.
25
Commented [GAR19]: Need to update
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
APPENDIX B: GRIEVANCE REVIEW REQUEST TRADES GRIEVANCE REVIEW REQUEST DESTINATION: □ Human Resources □ Facilities Supervisor/Director □ Grievant □ SKCBCTC □ Specific Trade
GRIEVANCE NUMBER: TRADES UNIT: Trades#: District#:
Grievant:
Name
Job Title
Location
Date Submitted
Supervisor:
Name
Job Title
Location
Date Resolved
Grievance: 1. Describe fully when, where and how the grievance took place (attach additional information as necessary):
2. State specific provision(s) of the Agreement which is alleged to have been violated, misinterpreted or misapplied:
3. Remedy requested:
Grievant’s Signature:
Date:
Informal Step
Did the informal Step occur? Name of Supervisor: Date: □ Yes □ No Step 1 Hearing Was Union Rep present at If yes, Union Rep’s Name Response Date Date: Hearing? (copy attached): □ Yes □ No Supervisor’s Signature: Is answer satisfactory Union Representative’s Signature Date: to Grievant? □ Yes □ No Step 2 Hearing Was Union Rep present If yes, Union Rep’s Name Response Date (copy Date: at Hearing? attached): □ Yes □ No Director’s/Designee’s Signature: Is answer satisfactory Union Representative’s Signature Date: to Grievant? □ Yes □ No Step 3 AAA AAA Participants: Name of Arbitrator: Response Date: Date:
26
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
27
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
APPENDIX C: DUES DEDUCTION SETTLEMENT AGREEMENT This Settlement Agreement (“Agreement”) is entered into between the Seattle/King County Building and Construction Trades Council (“Building Trades”), the Building Laborers, Local 242 (“Laborers”), and the Seattle School District No. 1 (“District”) to fully and finally resolve a grievance filed by the Laborers on or about April 14, 2009. RECITALS A. On or about April 14, 2009, the Laborers filed a grievance with the District claiming that working dues or union dues were not paid to the Laborers in compliance with the 2007-2010 Collective Bargaining Agreement between the Building Trades and the District. The parties moved this dispute to arbitration, Case No. 75 390 00269 09. B. In order to avoid the expense and uncertainty were the parties to continue to litigate or administratively challenge this dispute, and in an effort to work more collaboratively in the future, the parties now desire to settle and forever resolve said disputes upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The District agrees to submit to the Building Trades a list of all full-time, part-time, and temporary employees currently working for the District and represented by the Building Trades. The District will submit this list to the Building Trades within one week after this Agreement is signed by both parties. 2. The Building Trades warrants and represents to the District that they have written authorization from all District employees on whose behalf they request dues deductions from the District. The Building Trades also warrants and represents to the District that all future individuals dispatched to the District from the Building Trades, and on whose behalf the Building Trades request dues deductions, will have provided written authorization for such deductions. 3. For all future dispatched individuals sent to work at the District by the Building Trades for all trades/locals except for the Laborers, all such individuals will bring with them on their first day of work a form, created by their respective local, indicating whether union dues are to be withheld by the District and the amount for that particular employee. For current employees represented by the Building Trades, the District will continue to withhold union dues unless the District is told to stop by the Building Trades. For current employees represented by the Building Trades, who self-pay union dues, the District will not withhold union dues for those employees, unless a form is turned in by the Building Trades indicating that union dues are to be withheld by the District and the amount for that particular employee. 4. For all future dispatched individuals sent to work at the District by the building Trades who are part of the Laborers, the District will withhold union dues for all such employees assigned to the District in the amount provided to the District under paragraph 6. For current employees represented by the Laborers, the District will continue to withhold union dues in the same amount, until that amount is changed under paragraph 6. 5. The Building Trades and District agree that it will be the responsibility of the Building Trades or individual locals to obtain written dues check-off authorizations for all future dispatched individuals sent to work at the District by the Building Trades. The District has no responsibility to ask any employee represented by the Building Trades to sign a dues check-off authorization document. It is the sole responsibility of the Building Trades to get a dues check-off authorization form signed. 6. The Building Trades agrees that it will be the responsibility of the Building Trades to provide written notice to the District of the dues amounts to be withheld for all employees when the dues amount is
28
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
changed. It is the further responsibility of the Building Trades to submit any change in the amount of the dues to be withheld to the District at least 30 days in advance of the requested change date. 7. The District agrees to pay the Laborers $3,900 to resolve all issues related to improperly withheld or paid union dues, including all working dues and union dues. 8. The Laborers agree to withdraw its grievance and its request for arbitration related to the dues dispute (Case No. 75 390 00269 09). 9. The Building Trades and Laborers agree to not file any future grievances, claims, or lawsuits for any unpaid dues, including working dues or union dues, from all past dates until the date this agreement is signed. 10. This Agreement is for settlement purposes only and does not constitute an admission of any wrongful act or omission by any party. This Agreement is non-precedent setting. 11. Each party is responsible for paying their own costs and fees related to this dispute, including but not limited to arbitrator fees and attorney fees. 12. This two-page Agreement constitutes the entire understanding between the Building Trades, the Laborers, and the District.
29
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
2016-2019 MEMORANDUM OF UNDERSTANDING between SEATTLE SCHOOL DISTRICT NO. 1 and SEATTLE/KING COUNTY BUILDING AND CONSTRUCTION TRADES COUNCIL
30
2016-2019 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
MEMORANDUM OF UNDERSTANDING BY AND BETWEEN SEATTLE SCHOOL DISTRICT NO. 1 AND SEATTLE/KING COUNTY BUILDING AND CONSTRUCTION TRADES COUNCIL ESSB 5940 Seattle Public Schools (SPS) and the Seattle/King County Building and Construction Trades Council (the Union), mutually acknowledge that, among other things, Section 3 of HSSB 5940, which took effect on July 11, 2012, directs Washington state school districts to make progress: (a) on “promoting health care innovations and cost savings and significantly reducing administrative costs;” (b) “toward employee premiums that are established to ensure that full family coverage premiums are not more than three times the premiums for employees purchasing single coverage for the same coverage plan, unless a subsequent premium differential target is defined as a result of the review and subsequent actions described in section 6 of this act;” and (c) to “offer employees at least one health benefit plan that is a high deductible health plan offered in conjunction with a health savings account in which the employee share of the premium cost for a full-time employee, regardless of whether the employee chooses employee-only coverage or coverage that includes dependents, does not exceed the share of premium cost paid by state employees during the state employee benefits year that started immediately prior to the school year.” Therefore, SPS and the Union mutually agree to make good faith efforts to work together during the term of this agreement to make progress as directed by this law.
Note. This Memorandum is considered signed when the Agreement is signed.
31
20136-20169 COLLECTIVE BARGAINING AGREEMENT between SEATTLE SCHOOL DISTRICT NO. 1 and SEATTLE/KING COUNTY BUILDING and CONSTRUCTION TRADES COUNCIL
*Includes: 20136-20169 Collective Bargaining Agreement 20136-20169 Salary Schedules Grievance Request Form 20136-20196 Memorandum of Understanding
In witness whereof, the parties hereto have executed this Agreement on this ____ day of ________, 20164.
FOR SEATTLE-KING COUNTY BUILDING AND CONSTRUCTION TRADES COUNCIL:
_____________________________________ Lee Newgent, Executive Secretary
___________________________________ Travis Lamoureux, Building Laborers, Local 242
_____________________________________ Robert Chiovarie, Heat & Frost Insulators and
__________________________________ Fernando Arevalo, Intl Union of Brotherhood of Painters and Allied Trades, District Council Local 7 5
Allied Workers, Local 7
____________________________________ Benny Wright, Bricklayers/Allied Crafts, Local 1
___________________________________ Sean Bagsby, Intl Brotherhood of Electrical Workers, Local 46
____________________________________ Steve Hurley, Roofers, Local 54
___________________________________ PJ Moss, Plumbers & Pipefitters, Local 32
___________________________________ Sam Hem, Sheet Metal Workers, Local 66
FOR SEATTLE SCHOOL DISTRICT NO. 1:
____________________________________ Dr. Larry Nyland, Superintendent of Labor Seattle School District No. 1 Seattle School District No. 1
___________________________________ Geoff D. MillerStan Damas, Executive Director & Employee Relations
Formatted: Indent: Left: 0", First line: 0"
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
20136-20169 COLLECTIVE BARGAINING AGREEMENT TABLE OF CONTENTS COLLECTIVE BARGAINING AGREEMENT ARTICLE I: ARTICLE II: ARTICLE III: SECTION A: SECTION B: ARTICLE IV: ARTICLE V: ARTICLE VI: ARTICLE VII: SECTION A: SECTION B: SECTION C: SECTION D: ARTICLE VIII: SECTION A: SECTION B: SECTION C: SECTION D: SECTION E: SECTION F: SECTION G: SECTION H: SECTION I: ARTICLE IX: ARTICLE X: SECTION A: SECTION B: SECTION C: SECTION D: SECTION E: SECTION F: SECTION G: SECTION H: SECTION I: SECTION J: ARTICLE XI: ARTICLE XII: SECTION A: SECTION B: SECTION C: SECTION D: SECTION E: ARTICLE XIII: SECTION A:
PAGE
RECOGNITION………………………………………………………………………… AFFIRMATIVE ACTION/NON-DISCRIMINATION…………………………………. MANAGEMENT RIGHTS…………………………………………………….............. Subcontracting………………………………………………………………………….. Small Works Processes and Procedures…………………………………………… UNION SECURITY…………………………………………………………………..… DUES DEDUCTIONS…………………………………………………………………. REPRESENTATION…………………………………………………………………… DEFINITIONS…………………………………………………………………………... Employees………………………………………………………………………………. Regular Employees……………………………………………………………………. Temporary Employees………………………………………………………………… Apprentice Employees………………………………………………………………… HOURS AND OVERTIME…………………………………………………………….. General Expectations………………………………………………………………….. Normal Work Schedule……………………………………………………………….. Overtime………………………………………………………………………………… Special Premium Pay………………………………………………………………… Refusal of Assignment Outside Regular Hours…………………………………….. Call Back………………………………………………………………………………... Show Up Pay…………………………………………………………………………… Lunch Period……………………………………………………………………………. Four Ten Hour Day Shifts (4-10’s)…………………………………………………… HOLIDAYS……………………………………………………………………………… LEAVES…………………………………………………………………………………. Annual Leave…………………………………………………………………………… Sick Leave…………………………………………………………….………………… Personal Leave………………………………………………………………………… Bereavement Leave…………………………………………………………………… Jury Duty and Court Appearances…………………………………………………… Unpaid Leaves…………………………………………………………………………. Shared Leave…………………………………………………………………………… Military Leave…………………………………………………………………………… FMLA……………………………………………………………………………………... Work Availability Incentive…………………………………………………………….. INJURY WHILE ON DUTY……………………………………………………………. RATES OF PAY………………………………………………………………………… Payroll Schedules………………………………………………………………………. Rate Protection…………………………………………………………………………. Lead Rates………………………………………………………………………………. Rates of Pay…………………………………………………………………………….. Overpayment Retrieval………………………………………………………………… PENSION………………………………………………………………………………… Regular Employee………………………………………………………………………. 2
4 4 4 5 5 6 6 7 7 7 7 8 8 8 8 8 8 8 89 98 9 9 109 110 110 110 121 123 123 13 13 143 143 143 14 143 154 154 154 154 165 165 165 165
Formatted Table
Formatted Table
Formatted Table
Formatted Table
Formatted Table
Formatted Table
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
SECTION B: ARTICLE XIV: SECTION A: SECTION B: SECTION C: SECTION D: SECTION E: SECTION F: SECTION G: SECTION H: ARTICLE XV: ARTICLE XVI: ARTICLE XVII: ARTICLE XVIII: ARTICLE XIX: ARTICLE XX: ARTICLE XXI: ARTICLE XXII: ARTICLE XXIII: ARTICLE XXIV: ARTICLE XXV: APPENDIX: Appendix A:
Temporary Employee…………………………………………………………………... SENIORITY……………………………………………………………………………… Probationary Period…………………………………………………………………….. Determination of Seniority……………………………………………………………… Loss of Seniority………………………………………………………………………… Layoff Notification……………………………………………………………………….. Short Calls……………………………………………………………………………….. Determination of Layoffs and Recalls………………………………………………… Military Service………………………………………………………………………….. Temporary Employees…………………………………………………………………. PERFORMANCE EVALUATION……………………………………………………… DISCIPLINE AND DISCHARGE………………………… OF EMPLOYEES…….…………………………… GROUP INSURANCE…………………………………………………………………. GRIEVANCE PROCEDURE………………………………………………………….. SAVINGS CLAUSE…………………………………………………………………….. WORK STOPPAGE……………………………………………………………………. JURISDICTIONAL DISPUTES………………………………………………………... HIRING…………………………………………………………………………………… TERM OF AGREEMENT………………………………………………………………. PROTECTION OF EMPLOYEES AND PROPERTY……………………………...... APPRENTICESHIP PROGRAM……………………………………………………….
176 176 176 176 176 176 187 187 187 187 187 198
Formatted Table
198 2109 202 221 221 221 232 232 232
Salary Schedule 2013620147…………………………………………………………… Appendix A: Salary Schedule 2014-2015…………………………………………………………… Appendix A: Salary Schedule 2015-2016…………………………………………………………… Appendix B: Grievance Request Form………………………………………………………………. Appendix BC: Grievance Request FormDues Deduction Settlement Agreement…………………..……………………………………………. MEMORANDUM OF UNDERSTANDING
243
Workplace Behavior…………………………………………………………………………………………… MOU ESSB 5940……………………………………………………………………………………………….
28 29
Formatted Table
24 25 25 266 Formatted Table
3
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
20136-20169 COLLECTIVE BARGAINING AGREEMENT Between the SEATTLE SCHOOL DISTRICT NO. 1 and the SEATTLE/KING COUNTY BUILDING and CONSTRUCTION TRADES COUNCIL ARTICLE I: RECOGNITION A. The Seattle School District No. 1, hereafter referred to as the District, recognizes the Seattle/King County Building and Construction Trades Council and its affiliate unions signatory hereto, and hereafter referred to as the Council, to be the sole and exclusive bargaining agent of those employees who are employed in classifications listed in Appendix A of this Agreement. B. In the event the District creates a new job classification for work covered by this Agreement, it will notify the Council who will have the opportunity to negotiate with the District over all mandatory subjects of bargaining. If there is a dispute as to whether the classification is covered by this Agreement, the matter shall be referred to the Washington State Public Employment Relations Commission Mediation Services for adjudication. C. The District and the Council recognize that it is in their best interest to develop good on-going working relationships, a collaborative problem-solving mechanism and a collaborative way to deal with problems as they arise. Therefore, the parties agree to meet and discuss subjects of respective and/or mutual interest. All or any subjects of discussion shall be deemed of interest worthy of pursuit D. If the District grants any other union that was formerly included in the Building Trades /SPS bargaining unit more favorable across-the-board wage increases, and/or benefit enhancement, than granted to the Building Trades, then the Building Trades affiliated unions shall be entitled to the same acrossthe-board wage increase and/or benefit enhancement to be implemented on the same date as negotiated with the other union formerly affiliated with the Building Trades/SPS bargaining unit ARTICLE II: AFFIRMATIVE ACTION/NON-DISCRIMINATION Formatted: Font: 12 pt
A. The District and the Council agree that they will not discriminate against any employee by reason of race, creed, age, color, gender, national origin, ancestry, economic status, pregnancy, physical appearance, religious belief, marital status, gender identity, sexual orientation, or mental, physical or sensory disability. B. The Council agrees with and supports the concept of Affirmative Action. Therefore, the parties mutually agree to use their best efforts to ensure that this Agreement will not be in conflict with, or inconsistent with Title VII, Title IX of the Civil Rights Act of 1964 and/or Washington State Statutes. ARTICLE III: MANAGEMENT RIGHTS The Council recognizes the District's inherent and traditional right to manage its business and operations. Accordingly, except to the extent specifically covered and controlled by the express terms of this Agreement, the Council recognizes the right of the District to hire, transfer, promote, demote, assign and retain employees and to discipline, suspend or discharge employees for just cause and to maintain the discipline and efficiency of its employees; the right to lay off; the right to establish, change and direct the methods and processes of doing work, to introduce new and improved work methods or equipment and to assign work to outside contractors; the right to determine the starting and quitting times and the number of hours to be worked; and the right to make and amend such reasonable rules and regulations as it may deem necessary for the conduct of its business and to require their observance. Except for emergency situations or matters involving safety, changes or additions to work rules promulgated by the Maintenance
4
Formatted: Normal
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
Manager will be distributed to affected employees at least twenty four (24) hours before they become effective. A. SUBCONTRACTING The District shall retain its right to sub-contract work. However, the District shall not sub-contract work covered by the classifications included in this agreement unless the Core Group of employees are employed. The Core Group shall be 67 employees. After the adoption by the School District of the annual budget, the District shall meet annually with the Executive Secretary of the Seattle/King County Building and Construction Trades Council. The District shall inform the Executive Secretary of the number of Core Group employee positions that it will have for the following school year before the start of that school year as long as the School District Board of Directors has adopted the District budget for the ensuing school year. This is not a guarantee of employment, but rather it is a commitment to limit the use of outside contractors to times when the Core Group of employees are working. As an exception to the foregoing commitment not to subcontract unless all of the Core Group of employees are working, the District may still subcontract if any of the following conditions occur: 1. The required services are uncommon to District employees because they are special, highly technical, peculiar or unique in character. 2. The required services involve the use of equipment or materials not possessed by the District at the time and place required. 3. When the services of a contractor are necessary for health and safety reasons. There shall be no restriction on subcontracting any work at any time under any conditions which is above the bid threshold established by law or under any circumstance where the District is required to comply with applicable law. B. SMALL WORKS PROCESS AND PROCEDURES 1. All projects, at or below the self-performance threshold established by law and District policy (75K) in combined labor and material estimated costs (“Small Works”) will be presented to the Management for consideration of accomplishment by the Maintenance Section. If the project is work that can be accomplished without special tools or equipment, the Maintenance Section needs to rent or purchase and the current staff has the ability to complete the task or the Maintenance Section can hire itinerant staff with the requestor’s timeline and without expected overtime, the Maintenance Section will have the first right of refusal. Management will advise the requestor within twenty-four (24) hours whether the project can be done as presented or if additional information is needed to consider the project for completion. Upon presentation of the additional information this time period may be extended two (2) weeks. The proposed project must be specified to a point that it is possible to estimate resources and time necessary for completion of the project Management will discuss any project that he or she is considering rejecting with the Unit Foreperson before making a decision to pass over a project. Management reserves the right to retain Building Trades work to be performed by bargaining unit personnel when necessary for scheduling and/or cost efficiencies. 2. In compliance with The State of Washington’s requirement regarding prevailing wages and the District’s regular requirements for the safety and health of students and staff members all construction supervisors, construction personnel and contractors and all their subcontractors of whatever tier involved in small works shall be fingerprinted and submit to background checks. 3. The District Maintenance Manager will be advised on a weekly basis of all projects considered for Small Works assignment and receive copies of any specifications or instructions. The Maintenance Section will be provided with copies of purchase orders or contracts for Small Works
5
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
Projects. Upon completion of purchase orders or contracts for Small Works Projects, the Maintenance Manager will be notified of completion. The District will provide quarterly reports at the Labor Management Meetings. 4. Every project shall be subject to final inspection by the Project Manager or General Foreperson as appropriate. Final payment on the project will not be released until inspection is complete and all concerns are answered to the District’s satisfaction. 5. Contractors who receive a contract shall not sub-contract out their work unless the work being subbed out is directly specified as a specialty trade assignment, not to exceed forty (40%) of the project. All requests for subs shall be written and submitted to the HUBS/Small Works Manager for approval. The use of Labor Brokers shall not be permitted. 6. Responsible Small Works Contractors shall meet the following responsibility criteria at the time the quote/bid is submitted and before being awarded a Small Works contract: • • • • •
The contractor must be registered under RCW 18.27. The contractor must have a current state unified business identifier number. The contractor must have a worker’s compensation coverage. The contractor must have a Department of Employment Security number. The contractor must have a state excise tax registration number.
7. After being awarded a Small Works Contract, but prior to the beginning of work, the contractor must provide proof of a filing of a Washington State Intent to pay Prevailing Wage Report. ARTICLE IV: UNION SECURITY A. The District shall have the right to hire persons without regard to Union membership; provided, however, that the District and the Council shall abide by the following Union Security Clause which reads as follows: It shall be a condition of employment that all employees of the District covered by this Agreement who are members of an affiliated local union in good standing on the effective date of this Agreement shall remain members in good standing, and those who are not members on the effective date of this Agreement, shall, on or before the thirty-first (31st) day following the effective date of this Agreement, become and remain members in good standing in an affiliated local union of the Council. It shall also be a condition of employment that all employees covered by this Agreement and hired on or after its effective date shall, on or before the thirty-first (31st) day following the beginning of such employment become and remain members in good standing in an affiliated local union of the Council. B. The District will notify the Council of new hires and rehires who are to become members of an affiliated local by telephone or in writing on or before the first day of each month. C. It is also agreed that when an employee fails to fulfill the above obligation, the Council shall provide the employee and the District with notification of the Council's intent to request discharge in fifteen (15) days if compliance is not met by the employee. ARTICLE V: DUES DEDUCTIONS A. The District shall deduct union membership dues from the wages of each employee who has submitted a written authorization. Such deductions shall be transmitted monthly to the appropriate local union on behalf of the employees involved. All dues deduction authorizations, dues deductions and transmittal of dues to the appropriate local union shall be in accordance with the Settlement Agreement of Arbitration Case # 75-390-00269, in Appendix C of this Agreement.
6
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
B. The written authorization shall be irrevocable for a period of one (1) year, or until the termination of the collective bargaining agreement, whichever occurs sooner and shall be automatically renewed and shall be irrevocable for successive periods of one (1) year each, or for the period of each succeeding applicable collective bargaining agreement between the District and the Council, whichever shall be the shorter, unless written notice is given by the employee to the District, appropriate local union and Council not more than twenty (20) days and not less than ten (10) days prior to the expiration for each period of one (1) year, or of each applicable collective bargaining agreement between the District and the Council, whichever occurs sooner. C. The Union will indemnify, defend and hold the District harmless against any claims made, and against any suit instituted against the District on account of any check-off of dues. The Union agrees to refund to the District any amounts paid to it in error on account of the check-off provisions upon presentation of proper evidence thereof.
ARTICLE VI: REPRESENTATION A. The Business Manager and/or Union Representative of a union signatory to this Agreement may appoint or elect a Steward among the employees that the union represents under this Agreement. The affected Local Union bylaws shall be the basis for the procedure of the election and/or appointment of the Union’s Steward. Each Local Union shall provide the Maintenance Manager with the name of its Steward. A Steward shall not be discriminated against for making a complaint or giving evidence with respect to an alleged violation of any provision of this Agreement, but under no circumstances shall a Steward interfere with orders of the District or change working conditions. B. The Council may elect two Employee Representatives from among the entire bargaining unit to attend regular Labor Management Committee meetings between the Council and the District. The election of the Employee Representatives shall be by secret ballot. The Labor Management Committee shall continue efforts to discourage and prevent harassing, abusive and/or disruptive behavior by and among employees at work.
ARTICLE VII: DEFINITIONS A. Employees: For the purpose of this Agreement "Employee" shall mean a person employed by the District in one of the classifications listed in Appendix A. B. Regular Employees: 1. Employees who are actively on the payroll and normally assigned to work twelve (12) months per year, forty (40) hours per week and eight (8) hours per day. 2. A regular employee may be so designated at the time of hire or will become a regular employee upon successfully completing five (5) months of employment in any consecutive twelve (12) month period with a minimum of seventy (70) hours of regular time in each of those months. Upon becoming a regular employee such employee shall be awarded seniority rights retroactive to their original date of hire as a temporary employee. Such employee shall serve a probationary period as outlined in Article XIV-A. 3. Any employee hired as a regular employee who is laid off prior to completing the five (5) months/seventy (70) hours condition shall be granted health and welfare benefits as though such employee had initially been employed as described in Article VII-C. 4. Annual Leave and Sick/Emergency Leave rights shall be granted retroactive to the first date of the qualifying period for any/all employees achieving regular employee status.
7
Commented [GAR1]: TA
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
C. Temporary Employees: A temporary employee shall be hired on a short-term basis and shall only accrue health and welfare benefits as described in Article XVII-B (Group Insurance). All temporary employees hired by the District shall be paid an hourly rate as shown in Appendix A. Such temporary employees shall not acquire seniority and shall be subject to termination at any time without recourse to the grievance procedure. D. Apprentice Employees: Apprentices are those workers who are registered with the State of Washington according to RCW 49.04 and are participating in a State approved training program administered by a joint labor-management committee. E. Management as used in the CBA, refers to non-represented staff who have budget authority, responsibility to direct work to meet department goals, and are within the District’s direct line management structure. ARTICLE VIII: HOURS AND OVERTIME A. General Expectations: The ability to work regularly is a requirement of continued employment. Employees must report all absences to his or her supervisor before the beginning of the employee’s scheduled shift except in the case of an emergency. B. Normal Work Schedule: For regular employees, the normal work schedule Monday-Friday, will be forty (40) hours per week, eight (8) hours per day between the hours of 6:00 a.m. and 6:00 p.m., excluding a one-half (1/2) hour lunch period five (5) days per week. This shall not be construed as being a guarantee by the District of any particular number of hours. Commented [GAR2]: TA
C. Overtime: 1. When an employee is compensated authorized to work in excess of eight (8) hours per day or in excess of forty (40) hours per week, the employee shall be compensated for the overtime at the rate of one and one-half (1-1/2) times his/her regular rate of pay. 2. Work performed on Sundays and holidays shall be compensated at double time the employee's regular rate of pay. 3. No pyramiding of overtime shall be allowed. 4. All overtime must be authorized in advance(this is in the previous TA document!!), in advance, by Management or the appropriatemanagement-designated supervisor. 5. The Foreperson may assign mandatory overtime.
Commented [LW3]: OK
Formatted: Font: Not Bold, No underline Formatted: Font: 10 pt Formatted: Font: Not Bold, No underline
6. When an employee is called out to work without at least eight (8) hours off since his/her previous shift, all such call out time shall be paid at the overtime rate until he/she has had eight (8) hours off. 7. Employees on paid leave status do not qualify for the assignment of overtime work. pay.
Commented [LW4]: Ok, but needs “of” as indicated
Formatted: Font: Not Bold, No underline
D. Special Premium Pay:
Formatted: Strikethrough
1. A premium of two dollars ($2.00) shall be paid for employees that start work on a second shift after 11:00AM except for work performed on an overtime basis as an extension of a day shift employee. Employees assigned to work second shift will continue to receive the second shift two dollars ($2.00) premium for temporary day shift assignments of two (2) weeks or less. Those employees who are assigned a Monday through Friday shift shall receive time and one-half (1-
8
Formatted: Strikethrough Commented [GAR5]: TA
Formatted: Indent: Left: 0.25", No bullets or numbering Formatted: Tab stops: Not at 0.25"
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
1/2) for all Saturday work; those employees assigned a Tuesday through Saturday shift shall receive a premium of two dollars ($2.00) for all Saturday work. 2. The Sprinkler Fitter position requires a licensed Sprinkler Fitter and an AS1 Certification Test, and shall have a $4.00 an hour stipend, paid exclusively when performing Sprinkler Fitter duties, as long as the Sprinkler Fitter’s AS1 certification is current. If at any time AS1 Certification lapses, the stipend will be removed effective 30 calendar days from the date of license expiration. This stipend will not cascade to higher positions and will not be considered part of the rate for highest journeyperson supervised. Should the Seattle Fire Department standard with respect to AS1 certification cease to exist, such that certification is no longer required, the additional duties and stipend will cease upon written or electronic notification to the Sprinkler Fitter in the position at the time the requirement ceases. Duties of the Sprinkler Fitter position include quarterly and semiannual sprinkler inspections as required by the Seattle Fire Department. Added responsibilities include: • •
Formatted: Indent: Left: 0.5", No bullets or numbering, Tab stops: Not at 0.25"
Formatted: List Paragraph, No bullets or numbering
Installing, maintaining, and testing SPS sprinkler systems to assure they meet AS1 Certification requirements; After hours emergency response is required, as needed.
Formatted: Bulleted + Level: 1 + Aligned at: 0.75" + Indent at: 1" Formatted: List Paragraph, No bullets or numbering
3. Two (2) District plumbers will be assigned the Backflow Assembly Tester (“BAT”) duties. The BAT positions will be offered to current FTE status District plumbers using district seniority in the plumbers as the selection criterion. An individual who does not want to be tested and certified as a BAT gives up the right to that opportunity, until a BAT position opens up in the future. Individuals who hold the required BAT certification and are selected to perform the BAT positions will receive a $4.00 per hour stipend. This stipend will not cascade to higher positions and will not be considered part of the rate for highest journeyperson supervised. If more than two (2) District plumbers have a BAT certification, only the two employees who designated to be part of the BAT position will receive the stipend.
Formatted: Left, No widow/orphan control, Tab stops: Not at 0.25"
4. One existing Electrician position within eElectrician classification will be designated to complete additional duties that include annual maintenance and testing of emergency generator systems as required by the City of Seattle. This position requires a Washington State licensed (EL-01) Electrician and a current EG-1 Certification. The added responsibilities include:
Commented [LW6]: OK
• •
Formatted: List Paragraph, No bullets or numbering
Installation, Maintenance and confidence testing of electrical systems related to emergency generators EG-1 requirements; After hours emergency response as required.
Parties agree that I.B.E.W. 46 District Electricians be assigned the responsibility to repair and inspect electric generators installed in District buildings. D. The parties agree that the EG-1 Electrician shall receive an additional $4.00 an hour stipend for all hours performing emergency electric generator work. There shall be a minimum of two (2) hours per electric generator work assignment and stipend pay period. This stipend will not cascade to higher positions and will not be considered part of the rate for highest journeyperson supervised, nor shall it be subject to pyramiding for the purpose of overtime calculations. Should the City of Seattle standard be changed or modified to remove the annual maintenance and testing of emergency generators requirement, the additional duties and stipend will immediately cease upon notification to the current incumbent in the position. E. Refusal of Assignment Outside Regular Hours: In assigning work for swing shift, the employer will first ask for volunteers; if enough people do not volunteer, the employer will assign people in inverse seniority order. If a significant hardship is created by assigning an employee to swing shift, the employer will review and verify the circumstances with the Union, and where appropriate, the employer will pass over this employee and assign the next least senior employee.
9
Formatted: Left, Bulleted + Level: 1 + Aligned at: 0.75" + Indent at: 1", No widow/orphan control, Tab stops: Not at 0.25"
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
If there are more volunteers than available for swing shift positions for a particular craft, those volunteers with the most seniority within the craft and with the required skill within the craft shall be assigned to the available positions except in situations where the more senior volunteer within the craft has a skill/expertise and/or performs a special function as part of his/her regular duties for which the District determines it will retain that employee on other than the swing shift. F. Call Back: Any employee who is required to return to work after the end of his/her regular shift shall be paid a minimum of four (4) hours pay at his/her appropriate rate. In situations where the employee does not have to return to work (work on line), the employee will be compensated for time worked at one and one-half (1 ½) times the individual employee’s hourly rate of pay for regular shift; time will be rounded up to the nearest 15 minute period with a 90 minute minimum. If called back by management while on approved vacation or personal leave the work time will be paid at double the employee’s regular rate of pay. G. Show Up Pay: Any employee called to work shall be paid a minimum of two (2) hours at appropriate rate of pay. H. Lunch Period: The District shall establish a regular non-paid lunch period for each employee. In the event an employee is required to perform work beyond five (5) hours without lunch the employee shall receive one-half (1/2) hour penalty pay at the applicable overtime rate and shall also receive time to eat. I.
Four Ten Hour Day Shifts (4-10's): 1. Four Ten Hour Shifts (4-10's) may be scheduled, so long as the District provides at least seven (7) days advance notice. Prior to termination of the four-ten hour shift schedule, the District shall provide at least seven (7) days advance notice. Management reserves the right to decline 4-10 shifts for positions required to work a traditional five day/8 hour day schedule due to coverage and/or operational needs. 2. The following conditions shall apply specifically to the four-ten hour shifts: a. Overtime shall be paid after ten (10) hours in a day or forty (40) in one week. b. Holidays: During a holiday week, the employees shall revert to an eight (8) hour day. Holiday pay shall be paid at eight (8) hours per day. c.
Leave Accruals: Employees who are working four-ten hour shifts (4X10's) shall earn (accrue) the same number of total annual hours for annual leave, sick leave, holiday pay, personal leave, and bereavement leave. Example: an employee working five (5) days per week and who has two (2) years service earns eighty (80) hours of annual leave. If that employee goes to work on a 4X10 schedule, he/she shall earn (accrue) eighty (80) hours of annual leave. Employees shall not earn (accrue) more leave or less leave than if they were on an eight (8) hour day schedule.
d. Taking Leave: Employees who work ten (10) hour days shall be paid and be charged ten (10) hours per day for sick leave, personal leave, annual leave, and bereavement leave. Employees shall not earn more leave or less leave than if they were on an eight (8) hour day schedule. 3. If enough volunteers cannot be found to work this 4-10 schedule, employees shall be assigned by reverse seniority within each craft and skill within a craft. If there are more volunteers than available 4-10’s position for a particular craft, those volunteers with the most seniority within the craft and with the required skill within the craft shall be assigned
10
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
to the available positions except in situations where the more senior volunteer within the craft has a skill/expertise and/or performs a special function as part of his/her regular duties for which the District determines it will retain that employee on other than the 4-10’s shift. J. Shift Change: The District shall give seven (7) days advance notice prior to changing a shift. The District shall be permitted, through mutual agreement, to adjust shifts. At the District’s discretion, employees requesting to adjust their start time may be granted with one (1) day notice. ARTICLE IX: HOLIDAYS A. The following are paid holidays for all regular employees regardless of the day of the week on which they fall: Labor Day Veterans' Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day Day After Christmas
New Years’ Eve New Year's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day
B. The District shall pay each regular employee at his/her straight-time hourly base rate not to exceed eight (8) hours for each of the above designated holidays when not worked. In order to qualify for holiday pay, an employee must have worked his/her last scheduled workday before and his/her first scheduled workday after the holiday. Exception will be made in cases where absence on the workday prior to or the workday following was due to annual leave, injury, bona fide illness covered by a doctor's certificate, or temporary layoff of less than thirty (30) days. C. The actual days observed shall be as designated on the calendar adopted by the School Board. ARTICLE X: LEAVES A. ANNUAL LEAVE: 1. Each year, regular employees, upon their employment anniversary dates, shall be entitled to paid Annual Leave corresponding to the following schedule: Years of Service 0-4 Years 5-14 Years 15- 18 Years 19+ Years
Annual Leave 13 Days or 104 Hours 18 Days or 144 Hours 23 Days or 184 Hours 28 Days or 224 Hours
2. Such Annual Leave entitlement shall be prorated where unpaid absences exceed thirty (30) days in the twelve (12) months preceding the anniversary date. 3. Current employees shall be credited with Annual Leave based on their length of service. 4. No Annual Leave can be taken before earned. 5. Annual Leave days to a limit of thirty (30) may be cashed out at time of termination. No employee or his/her estate shall receive reimbursement for more than thirty (30) Annual Leave days at time of termination. Any balance over thirty (30) days may be applied to scheduled Annual Leave prior to termination.
11
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
6. The scheduling of Annual Leave days shall be at the discretion of Management, and the employee, based on operational needs. a. In establishing vacation schedules, it is not possible to grant all employees the annual leave period requested. Each craft must retain enough staff to cover anticipated operational needs, as supporting District needs is of prime importance. Management will work with employees who are in a “use it or lose it” situation. b. An employee’s annual leave request will be provided to the direct supervisor and Management in writing thirty (30) days in advance for leaves three (3) days or longer in duration. Leaves that are submitted less than twenty-one (21) days in advance may not be granted. Leave approval or denial will be made by the district within five (5) working days. Vacation conflicts will initially be worked out between employees within the same unit. It may not be possible to grant all employees the annual leave they would prefer. If an agreement cannot be reached, information will be reviewed by their direct supervisor, senior General Foreperson, and Management to determine the schedule. c.b. In order to maximize the availability of Building Trades employees during the period that schools are most accessible, a five hundred dollar ($500.00) peak workload availability incentive will be paid to all regular employees who do not use leave during the months of August 1 through September 10. The incentive will be on the eligible employees’ October paycheck following the incentive period each year. To be eligible to receive this incentive, an employee must be employed with the district and a regular status employee prior to August 1 of the incentive period. Management agrees to review exceptional circumstances for an employee if they have taken leave during the eligibility period. A list of employees who did not qualify for payment will be reviewed with the Union prior to the incentive payment.
Formatted: Indent: Left: 0.5", Numbered + Level: 2 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.75" + Indent at: 1"
Commented [GAR7]: TA
7. Maximum accumulation is limited to 240 hours. Employees must eliminate accumulated leave in excess of 240 hours each fiscal year (September-August). Such employees will be required to submit a plan for approval by their supervisor for eliminating excess leave by this deadline. Any unused leave in excess of 240 hours each fiscal year (September-August) will be reclaimed by the District. B. SICK LEAVE: 1. Each regular employee shall earn Sick Leave equivalent to one (1) day for each calendar month of service or major fraction thereof to be used for absences caused by non-occupational illness, non-occupational injury, medical disability (including childbearing), poor health, or child care to the extent required by law. Use of such leave shall be set forth in Items a and b below. In the event there is an emergency caused by family illness, where no reasonable alternative is available to the employee, Sick Leave may be used subject to the conditions set forth for Personal Leave (X-C). a. Use of Sick Leave shall be reported to the employee's supervisor prior to the start of the work shift and will become effective upon the first day of absence. b. A physician's certificate or other verification of illness or injury may be required for approval of Sick Leave, if the District has concerns regarding an employee’s attendance. c.
After the fifth (5th) consecutive day of absence, a physician’s certification of illness will be required without diagnosis.
2. Accumulation: Employees shall be allowed to accumulate up to one hundred eighty (180) days of Sick Leave or as may be amended by State law. 3. Sick Leave Buy Back Program:
12
Commented [GAR8]: TA
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
a. At the time of eligible separation from District employment due to retirement or death, an eligible employee or the employee's estate shall be entitled, upon written request to Human Resources, to compensation for all unused Sick Leave up to the one-thousand four-hundred and forty (1,440) hour maximum at the ratio of 4:1 at his/her straight time hourly rate. Alternatively, if/when the District offers VEBA III or other qualifying program; the District will discuss such programs with the Council.
Commented [GAR9]: TA
b. On or about January 15 of each year, employees may elect to be compensated at the ratio of a rate equal to one (1) day's monetary compensation of the employee for each four (4) full days of accrued Sick Leave in excess of sixty (60) days which was earned but unused during the previous calendar year. C. PERSONAL LEAVE: 1. Two (2) days [one (1) day if hired on or after March 1] of Personal Leave shall be available per fiscal year (September 1 through August 31) to regular employees for hardships or other pressing needs and will be granted in situations which require absence during working hours for purposes of transacting or attending to personal or legal business or family matters. Such days shall not accumulate from year to year. 2. Personal Leave should be used as follows:The conditions for granting Personal Leave are as follows: a. The situation must have been suddenly precipitated and must be of such nature that preplanning was not possible, or such that pre-planning could not have eliminated the need for the leave; and, b. The situation must be one which is serious and unavoidable and of major importance, not one of mere convenience. D. BEREAVEMENT LEAVE: 1. In cases of death in the immediate family the employee will be allowed up to three (3) days Bereavement Leave. In cases where emergency factors or long distances are involved, the employee may request up to two (2) additional days leave. a. Such requests should be sent to the employee's foreperson who shall submit it to the Maintenance Manager for approval. b. For the purpose of Bereavement Leave, immediate family is defined to include mother, father, sister, brother, husband, wife, son, daughter, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandchild, grandparent, aunt, uncle, or anyone who is living with, or considered part of, the family. 2. Bereavement Leave will be granted only for days immediately following the death and days directly linked to a formal observance of the death (e.g., a funeral or memorial service). 3. The employee requesting Bereavement Leave may be required to provide verification. E. JURY DUTY AND COURT APPEARANCES: 1. Employees may serve as jurors in accordance with State and Federal laws. 2. Requests for Jury Duty for the necessary temporary leave shall be made in writing to the employee's foreperson, who shall submit it to the Maintenance Manager for approval.
13
Commented [GAR10]: TA
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
3. Employees who serve as jurors during the work year shall receive full pay., provided that any/all compensation received for such service is remitted to the District upon receipt. 4. When an employee is subpoenaed to appear as a witness in a court proceeding during a normal work day on the District’s behalf or as a witness in a proceeding in which the employee has no personal interest, the employee shall receive his/her regular pay for the day, provided that a copy of the subpoena is providedand any/all witness fees are surrendered to the District. This provision does not apply where the employee’s appearance is adversarial to District interests.
Commented [GAR11]: TA
Commented [GAR12]: TA
F. UNPAID LEAVES: The District does not grant unpaid leaves of absence or voluntary days off without pay except in unusual circumstances. Requests must be submitted in writing to the department manager and be approved before any leave of absence begins. G. SHARED LEAVE: The District agrees to maintain a leave sharing plan that conforms to the law. H. MILITARY LEAVE: The District will comply with Federal and State statutes. I.
FAMILY AND MEDICAL LEAVE ACT (FMLA): The District will comply with current Federal and State statutes. Formatted: Indent: Left: 0"
J.
WORK AVAILABILITY INCENTIVE
Commented [GAR13]: TA
In order to maximize the availability of Building Trades employees during the period that schools are most accessible, a five hundred dollar ($500.00) peak workload availability incentive will be paid to all regular employees who do not use any leave during the period of August 1 through September 10. The incentive will be on the eligible employees’ November paycheck following the incentive period each year. To be eligible to receive this incentive, an employee must be employed with the District and be a regular status or full-time temporary employee prior to July 1 of the incentive period. Management agrees to review exceptional circumstances if an employee has taken leave during the eligibility period and requests review prior to taking leave if possible and no later than five (5) working days after returning to work. Management will provide notice within five (5) working days from the date request received if a requested exception is not approved. If Management does not provide notice within five (5) working days, the exception is approved. A list of employees who did not qualify for payment will be reviewed with the Union prior to the incentive payment. ARTICLE XI: INJURY WHILE ON DUTY A. Absence due to an injury incurred on or around School District premises in the course of the employee's employment, or as a direct result of the employee performing his/her duty, shall be compensated as follows: 1. State Medical Aid and/or compensation shall be paid upon validation of a claim by the Washington State Department of Labor and Industries and the Seattle School District in accordance with the Industrial Insurance Laws of the State of Washington, provided: a. The employee shall promptly submit a Worker's Compensation Claim with the assistance of the designated District Office; and,
14
Formatted: Indent: Left: 0", Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: 0.25", Left + Not at 0.24" Formatted: Tab stops: 0.25", Left + Not at 0.24"
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
b. The employee provides to the designated District office monthly physician reports verifying continuation of the disability which prevents the employee from performing his/her duties. c.
An employee who suffers an injury must report any injury, no matter how slight.
2. In the instance of an injury described above, an employee shall be entitled to such benefits in accordance with the Industrial Insurance Laws of the State of Washington. B. The employee may elect to exercise the option of not using earned Annual Leave or Sick Leave to supplement time loss payments. Employees may elect to utilize earned Annual Leave or Sick Leave, in hourly increments, to supplement time loss payments to ensure that the employee receives his/her regular net pay. ARTICLE XII: RATES OF PAY A. Payroll Schedules: 1. Regular Employees shall be paid monthly. 2. Temporary Employees shall be paid twice per month. 3. If regular employees are laid off, they will be paid off within ten (10) days of the layoff date. 4. Effective September 1, 2008, aAll employees will be required to have direct deposit. Extenuating circumstance exceptions will be made on a case by case basis.
Commented [GAR14]: TA
B. Rate Protection: As a result of signing this Agreement, no current employee shall have his/her hourly rate reduced below the level currently paid to a journeyperson. C. Lead Rates: 1. District Management shall appoint a Senior General Foreperson for Critical Maintenance. Senior General Foreperson pay shall be reflected in Appendix A. 2. The District shall appoint a General Foreperson when four (4) or more employees are. directly assigned to work for them and/or have the following responsibilities: supervision of the workers and or contractor, material requisition, planning and scheduling, approve employee payroll and work order item; provides electrical, structural, mechanical, etc. expertise; knowledge of codes. The General Foreperson pay shall be reflected in Appendix A. The parties agree that one year after the ratification of the contract, Labor Management Committee will review the effectiveness of the $2.00/hour foreperson structure at the request by either party. Prior to the one year review, monthly Labor Management Committee meetings will include a discussion of the implementation. Should the parties fail to reach agreement on new language; the parties agree to rely on the contract language from the 2011-2014 collective bargaining agreement replaced by this section. 3. District Management shall appoint a Foreperson for work orders and or projects requiring multiple employees and the duration of the work is estimated to exceed two (2) weeks and/or have the following responsibilities: supervision of the scope of work, material requisition, planning and scheduling. The Foreperson pay shall be reflected in Appendix A. In the event that mutual agreement on the need for supervisor staffing cannot be reached between the general foreperson and first-line management, the matter may be taken up by the Union with the Director of Facilities or designee. 4. If a Senior General Foreperson, General Foreperson, or Foreperson is absent for three (3) or more working days, District Management shall appoint a temporary Senior General Foreperson, General Foreperson or Foreperson to replace him/her. District Management may appoint a
15
Commented [GAR15]: TA
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
temporary Senior General Foreperson or General Foreperson or Foreperson for absences of less than three (3) days. 5. The Foreperson or General Foreperson or Senior General Foreperson will be compensated for all hours worked at the Foreperson’s, General Foreperson’s or Senior General Foreperson’s hourly rate of pay as assigned, including work during an overtime period and for any paid holidays occurring after the temporary assignment is made. Any other hours on a paid leave status occurring during the period of the temporary assignment will be compensated at the individual’s regular rate of pay. 6. If the temporary assignment is the result of a vacancy which the District intends to fill, the District barring unforeseen circumstances will make a good faith effort to make a selection and fill the vacancy via a regular appointment within thirty (30) working days. 7. The temporary Foreperson or General Foreperson or Senior General Foreperson will assume the same responsibilities of a regular Foreperson or General Foreperson or Senior General Foreperson and will be expected to establish work plans, dispatch individual workers and crews; review and sign timesheets, as appropriate; prepare requisitions and approve invoices, respond to emergencies as required of this position, keep good relations with schools and staff. A temporary Foreperson will not be assigned when the project or work order is less than required per C: Lead Rates. If a temporary Foreperson is to be reduced back to their regular position, notice will be given to them prior to reduction implementation. Commented [GAR16]: TA
D. Rates of Pay: 1. The 2013-20142016-2017 rates of pay shall be the same as the 2012-20132015-2016 rates of pay increased by three percent (3%), including the 1.8%1.45% unless there is state-funded pass through for classified staff. The increase shall be reflected in the salary schedule in Appendix A; provided however, employees in the following classification shall receive, in addition to the above increase, the additional increases specified here:. 1.• Electrician classification (not including FA1 Electrician classification), one percent (1.0%) 2. The 2014-20152017-2018 rates of pay shall be the 2013-20142016-2017 rates of pay increased by three percent (3%) including the 1.82% or state-funded pass through for classified staff, unless the state-funded increase exceeds three percent (3%) in which case rates of pay shall be increased by the full state-funded increase whichever is greater. The increase shall be reflected in the salary schedule in Appendix A; provided however, employees in the following classification shall receive, in addition to the above increase, the additional increases specified here: 2.• Electrician classification (not including FA1 Electrician classification), half percent (0.5%).. 3. The 2015-20162018-2019 rates of pay shall be the 2014-20152017-2018 rates of pay increased by three percent (3%) including the 1.0% or stated-funded pass through for classified staff, unless the state-funded increase exceeds three percent (3%) in which case rates of pay shall be increased by the full state-funded increase. whichever is greater. The increase shall be reflected in the salary schedule in Appendix A. 4. The percentage increase will be designed to fully utilize the increased funding in accordance with legislative intent. Prior to the implementation of pass-through increases, the District will discuss with the Seattle/King County Building and Construction Trades Council/Union the appropriate amount and distribution of the funds. 5. In the event the State of Washington reduces salary or benefits for school district classified staff, the parties agree that reductions may be imposed. However, prior to the implementation of reductions, the District will discuss with the Seattle/King County Building and Construction Trades Council/Union the manner in which the reductions may be imposed. If the parties cannot agree, the subject of imposed decreases will be treated as a negotiable matter. 16
Formatted: Bulleted + Level: 1 + Aligned at: 0.75" + Indent at: 1"
Formatted: Bulleted + Level: 1 + Aligned at: 0.75" + Indent at: 1"
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
Commented [GAR17]: TA
E. Overpayment retrieval: 1. Salary overpayments due to error shall be repaid in accordance with RCW 49.48.200. RCW 49.48.200 incorporates RCW 49.48.210 for recoupment of overpayments. E.2. When the District determines that a Union member was overpaid wages, the District shall notify the Union member’s Union representative of the amount believed to be overpaid, and provide any documentation supporting or establishing the overpayment. Before beginning the recoupment process set forth in RCW 49.48.200 and RCW 49.48.210, the District and the Union representative shall negotiate the amount of overpayment and repayment schedule. The District will not bargain directly with any Union members during the process.Salary overpayments due to error shall be repaid to the District in accordance with State law.
Formatted: Font: Not Bold Formatted: Indent: Left: 0.25", No bullets or numbering Formatted: Numbered + Level: 3 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 0.5", No bullets or numbering Formatted: Numbered + Level: 3 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5"
ARTICLE XIII: PENSION A. Regular Employees: 1. The District shall provide the required contributions to the Public Employees Retirement System or School Employee’s Retirement System, as appropriate, for regular employees only. 2. Regular employees shall not be eligible for District contribution to any other pension plan except as provided under Article VII-B-3. B. Temporary Employees: 1. The District may as a matter of the recruitment process extend pension contribution as needed or allowable by law. 2. The District shall not be obligated to provide Public Employees Retirement System or School Employees Retirement System contributions to temporary employees except when a temporary employee has attained regular employee status as provided in Article VII-B-2. ARTICLE XIV: SENIORITY A. Probationary Period: Newly hired employees to employment in the bargaining unit and/or employees who have been rehired to employment in the bargaining unit shall complete a five (5) month probationary period. At the conclusion of such probationary period, the employee will be considered a regular employee and credited with seniority for service time from his/her initial date of hire less any time not spent working in the bargaining unit.
Commented [GAR18]: TA – 8/25/20106
1. Temporary employment, worked without a break in service of no more than one hundred and eighty (180) calendar days prior to regular appointment, counts toward the five (5) month probationary period when the employee is hired into a regular position or attains regular employee status as provided in Article VII-B-2. 2. A break in service shall not be created for the sole purpose of creating an additional probationary period or to prevent a temporary employee from attaining regular employee status. B. Determination of Seniority: In determining seniority, no deductions shall be made because of illness, accident, layoff or leave of absence when such time off does not exceed twenty-four (24) months. C. Loss of Seniority: Any employee shall lose seniority under this Agreement for the following reasons:
17
Commented [GAR19]: TA
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
1. Voluntary termination as a member of the bargaining unit. 2. Discharge for cause. 3. Failure to return to work within five (5) days after receipt of written notice of recall from layoff. The District shall be responsible to provide such written notice to the employee with a copy to the Council. Receipt of notice by the Council begins the five (5) working day recall period. 4. Failure to return to work promptly after an unauthorized leave of absence. 5. Layoff for a period of twenty-four (24) months or longer, less time not spent working for the District. 6. It shall be the employee’s responsibility to keep the union and District informed of current address and telephone numbers. Commented [GAR20]: TA
D. Layoff Notification: 1. Employees with three (3) years of continuous service shall be given two (2) week’s notice prior to layoff. Other employees shall be notified one (1) hour prior to layoff. 2. Employees acting in a Foreperson/General Foreperson role and shop stewards for the specific craft shall be advised of layoffs of supervised employees at the start of shifts in which the layoffs will take effecttaking place. E. Short Calls: The Union's signatory hereto shall allow the District, if it chooses, to use short calls of ten (10) days or less for the purpose of eliminating the waiting period created by a seniority recall order. F. Determination of Layoffs and Recalls: The District and the Council agree that length of service and skills required shall determine layoffs and recalls. G. Military Service: An employee called into military service shall not lose any seniority to which entitled under the law. H. Temporary Employees: Temporary employees shall not be used to replace regular employees with seniority unless those regular employees with seniority are unavailable as defined in Article XIV-C. ARTICLE XV: PERFORMANCE EVALUATION AND PERFORMANCE IMPROVEMENT PLAN A. Performance evaluations will be conducted as follows: 1. All new hires will receive performance expectations at the start of their probationary period.
2. It is expected that each Each employee shall be evaluated at least once prior to a successful completion of the probationary period. The appropriate union representative may request feedback on any employee discharged prior to the conclusion of the probationary period. 2.3. Regular employees shall be evaluated annually on or before the employee’s anniversary date and will be provided a copy of their evaluation; employees will review performance expectations as part of the annual performance evaluation process. 3.4. Employee’s direct supervisor will be responsible for completing the evaluation. All evaluations will be reviewed by the direct supervisor and management prior to issuance. 18
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
4.5. Employees who disagree with their evaluation may provide a written rebuttal, arrange to meet with the direct supervisor, Senior General Foreperson and Management for discussion or file a grievance if it pertains to process only. B. The performance evaluation will be developed and/or updated through the Labor/Management Committee. C. The Maintenance Manager will be responsible for implementing and carrying out a performance improvement plan for employees who have been placed on said improvement plan through the regular evaluation process. D. When an employee is placed on a performance improvement plan, he/she will receive a letter which will identify the specific: 1. Issues which necessitated implementation of a performance improvement plan; 2. Areas in which the employee must demonstrate sustained improvement; and consequences for failure to do so; 3. Time period by which the employee will demonstrate improvement and 4. The process for monitoring performance during that period. E. The Council will receive quarterly reports on performance improvement plans through the Labor/Management Committee. ARTICLE XVI: DISCIPLINE AND DISCHARGE OF EMPLOYEES A. Employees and supervisors are encouraged to resolve matters concerning discipline through informal processes. Employees are entitled to Union Representation at meetings which may result in disciplinary action. B. No regular (non-probationary) employee shall be disciplined except for just cause. Generally, discipline shall be progressive in nature. Examples of discipline include, but are not limited to, oral and written reprimands, suspensions and termination.
C. Prior to suspensions or terminations, Management shall demonstrate to the appropriate Union representative any previous discipline or direction given to the employee taken and timelines given to employees. ARTICLE XVII: GROUP INSURANCE The District shall make available funds to contribute toward premiums of District-approved or union group insurance programs. A. For each year of the agreement, the District shall contribute the classified State allocation for insurance per regular FTE employee. The District shall also pay the State the retiree carve-out above this amount. B. Temporary Employees: 1. The District shall provide health and welfare contributions for temporary employees based upon the same hourly equivalent as those contributions made for the externally employed members of their respective craft or the amount specified by each health and welfare trust. Any District
19
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
contribution in excess of the group insurance premium charged by the respective union health and welfare trust shall to allocate to the temporary employees union pension fund account. The rates shall be effective September 1 of each year and shall be in effect for that fiscal year. 2. In the event that a trust fund refuses to accept the health and welfare contribution on behalf of a temporary employee, then such temporary employee shall be paid an hourly premium in lieu of health and welfare benefits. Such premium shall be equal to the hourly contribution for the respective craft. 3. For temporary employees attaining regular employee status as provided in Article VII-B-2, enrollment in the benefit program for regular employees shall occur within the first thirty-one (31) days after attaining regular employee status. The District will continue to pay the employee’s applicable union Health & Welfare contribution for any period prior to the effective date of medical coverage as a regular employee. C. Enrollment of New Employees: The enrollment of new employees in the benefit program shall begin with their employment and shall occur within the first thirty-one (31) days after the beginning of service. 1. Those regular craft employees, on a craft-by-craft basis, who desire to opt out of the District's plan may elect to participate in their respective crafts health benefit plan, subject to the following conditions: a. The monthly contribution shall be the same as for other classified employees as outlined in paragraph A, above. b. The respective trust funds agree to accept the monthly contribution as the extent of the District's obligation for all health benefits, including life insurance, disability, etc. However, if the monthly contribution required by the trust fund exceeds the monthly allotment paid by the District, all affected employees shall have the difference deducted from their paychecks and remitted to the trust fund. c.
Such participation in these trust funds is allowed under and complies with applicable law.
d. Excess medical premiums of those employees not participating in the District sponsored medical plan shall go into the classified medical pool. The business representative for the craft(s) with excess medical premiums shall notify the Payroll Manager and the Department of Labor Relations by December 1 of each year of the excess medical premium amount to be credited to the classified medical pool. Such amount shall be in effect for one year. D. Benefits Committee: The District will, with the participation of all employee groups, establish a Joint Committee to review the delivery of District-sponsored insurance benefits. This committee shall meet no later than October 31 of each school year. 1. The Committee shall study and make recommendations for consideration by the District and all involved employee groups concerning: a.b. Self-insurance of insurance benefits. b.c. The selection process for District-sponsored plans. c.d. The use of excess reserves which may exist with insurance providers. d.e. Surveying District employees to determine employee preference regarding insurance benefits.
20
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
2. This Committee shall prepare its reports by the end of March of each school year for District and employee group(s) review. 3. The parties have further agreed that it is their intent to comply with any limitations imposed by State laws. No provision of this agreement shall be interpreted or applied so as to place the District in breach of State law or subject the District to a State funding penalty. ARTICLE XVIII: GRIEVANCE PROCEDURE A. The purpose of this procedure is to provide a means for the orderly and expeditious adjustment of grievances. B. Any dispute between the District and the Council concerning the interpretation, application or violation of the express terms of this Agreement shall be deemed a contract grievance. C. A contract grievance on behalf of a majority of the employees in the bargaining unit shall be reduced to writing by the Union and may be introduced at Step 3 of the contract grievance procedure and be processed with the time limits set forth herein. D. Any time limits stipulated in the grievance procedure may be extended for stated periods of time by the appropriate parties by mutual agreement in writing. E. Failure of the District to respond within the time limits, as specified, allows for the grievant or the Council to proceed to the next step. F. Arbitration awards or grievance settlements shall not be made retroactive beyond the date of the occurrence or non-occurrence upon which the grievance is based; that date being thirty (30) calendar days or less prior to the initial filing of the grievance. G. A contract grievance shall be processed in accordance with the following procedure: Informal Step: A grievant shall first take up a complaint or problem with the appropriate supervisor in a private informal conference. Every effort should be made by the grievant and the appropriate supervisor to settle the grievance at this level. Step 1: If the grievant is dissatisfied with the results of the informal conference with the appropriate supervisor, a contract grievance shall be presented by the Union Representative on a Grievance Review Request Form (See Appendix B) to the immediate supervisor of the aggrieved employee within ten (10) working days of the alleged contract violation. The parties shall make every effort to settle the contract grievance at this stage promptly. The immediate supervisor shall consult with and/or meet with the Union Representative, and respond to the grievance in writing within ten (10) working days. Step 2: If the contract grievance is not resolved as provided in Step 1, the Union Representative shall forward the grievance to the Director of Facilities or designee within ten (10) working days after receipt of the Step 1 answer. The Director of Facilities or designee shall thereafter convene a meeting within ten (10) working days between the Union Representative and aggrieved employee, together with the designated supervisor, the Section Manager and any other members of management whose presence is deemed necessary by the District to a fair consideration of the alleged contract grievance. The Director of Facilities or designee shall give a written answer to the Union within ten (10) working days after the contract grievance meeting. Step 3: If the contract grievance is not settled in Step 2, the Union may refer the issue to the American Arbitration Association for arbitration to be conducted under its voluntary labor arbitration regulations. Such reference to arbitration shall be made within thirty (30) calendar days after the answer in Step 2, and shall be accompanied by the following information: 21
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
1. Identification of section(s) of Agreement allegedly violated as presented in Step 2 or mutually amended; 2. Nature of the alleged violation as presented in Step 3 or mutually amended; 3. Question(s) which the arbitrator is being asked to decide; and 4. Remedy sought. H. The parties shall abide by the award made in connection with any arbitral difference. There shall be no suspension of work, slowdown or curtailment of services while any difference is in process of adjustment or arbitration. I.
In connection with any arbitration proceeding held pursuant to this Agreement, it is understood that: 1. The arbitrator shall have no power to render a decision that will add to, subtract from or alter, change or modify the terms of this Agreement, and his/her power shall be limited to interpretation or application of the express terms of this Agreement, and all other matters shall be excluded from arbitration. 2. The decision of the arbitrator shall be final, conclusive and binding upon the District, the Union and the employees involved. 3. The cost of the arbitrator shall be borne equally by the District and the Union and each party shall bear the cost of presenting its own case. 4. The arbitrator's decision shall be made in writing and shall be issued to the parties within thirty (30) days after the case is submitted to the arbitrator.
ARTICLE XIX: SAVINGS CLAUSE If any provision(s) or any application(s) of this Agreement to any employee or group of employees shall be found contrary to law, then such provision(s) or application(s) shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect for the term of this Agreement, and the parties shall thereupon seek to negotiate substitute provisions which are in conformity with the applicable laws.
ARTICLE XX: WORK STOPPAGE A. The Union agrees not to cause any strikes or stoppages of work, and the District agrees not to engage in any lockouts during the life of this Agreement. B. It shall not be a violation of this Agreement or cause for discipline or discharge for any employee to refuse to cross a legal picket line (endorsed by the Seattle/King County Building and Construction Trades Council) in the performance of his/her duties, as provided under this Article. ARTICLE XXI: JURISDICTIONAL DISPUTES Any jurisdictional dispute which may arise between any two (2) or more labor organizations signatory to this collective bargaining agreement with the District shall be settled in the following manner: A. A Union which contends a jurisdictional dispute exists shall file a written statement with the District and other affected Unions describing the substance of the dispute.
22
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
1. During the thirty (30) day period following the written statement described in Article XXI-A, the Unions along with representatives of the District shall attempt to settle the dispute among themselves with the assistance of the Washington State Public Employment Relations Commission Mediation Service, if needed. 2. If the dispute is not settled by the means provided in Article XXI-B, either of the disputing Unions or the District may refer said dispute to the American Arbitration Association for arbitration to be conducted under its voluntary labor arbitration regulations. B. The District shall not assign work customarily performed by members of the Bargaining Unit to other District employees. Claims of violation of this understanding shall not be subject to the grievance and arbitration provisions of this agreement, but rather shall be processed in accordance with applicable law. ARTICLE XXII: HIRING A. The District will call upon the appropriate local union to refer qualified applicants for work in the classifications herein contained. B. Selection and referral of applicants for jobs shall be on a non-discriminatory basis and shall in no way be affected by race, color, age, gender, creed, national origin, ancestry, economic status, pregnancy, physical appearance, religious belief, marital status, gender identity, sexual orientation or mental, physical or sensory disability, nor by Union membership, bylaws, rules, regulations, constitutional provisions, or any other aspect or obligation of Union membership, policies or requirements. Shop stewards shall be notified of new hires before the beginning of the shift in which the new employee begins work. C. When the District has placed an oral or written order for referral of workers from the Local Union and should a shortage of applicants exist, and they cannot be supplied by the Local Union within forty-eight (48) hours from the time workers ordered are required to report to the job, Saturdays, Sundays and holidays excluded, the District may then seek applicants from other sources. When the District so hires workers from sources other than the Local Union, the District shall notify the Council in accordance with Article IV-B. ARTICLE XXIII: TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and will run through August 31, 20169. subject to an annual reopener on wage rates as provided in Article XII, Section D.2. and D.3. The Union’s written notice of intent to reopen on wages shall be provided to the District on or before May 1, 2014 and May 1, 2015, respectively. Written notice of intent to terminate or modify this Agreement must be served by the requesting party at least sixty (60), but no more than ninety (90), days prior to the expiration date of the Agreement. ARTICLE XXIV: PROTECTION OF EMPLOYEES AND PROPERTY The District or its insurer shall reimburse an employee for any certified loss of or damage to personal property necessarily used in the course of duty or in transporting him/her to or from his/her place of assignment when such loss or damage is willfully and maliciously inflicted by students or persons known or unknown on District premises or while the employee is on duty, subject to the following conditions: A. The District shall reimburse first-dollar losses up to the limit of the employee's insurance deductible not to exceed five hundred ($500) dollars. B. There shall be no reimbursement for loss of cash.
23
Commented [GAR21]: TA
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
C. The use of personal equipment at work must have the prior approval of the supervisor, and a current inventory must be on file. D. There must be proof submitted that the employee either has no insurance or that his/her insurance does not cover the damage or loss in question. An employee must exhaust his/her own insurance recovery possibilities before being eligible for reimbursement under this Article. E. A Notice of Loss and Claim Reimbursement Form must be filed with the District’s General Counsel’s Office within twenty (20) days after the damage or loss occurs. ARTICLE XXV: APPRENTICESHIP PROGRAM A. The District and the Council agree to form a committee to review the feasibility of implementing an apprenticeship program. The Apprenticeship Committee will be composed of up to three (3) District representatives and three (3) Council representatives. The Committee will meet within 60 days of ratification with the contract by both parties. The Committee will design a proposed State- approved training program and will only implement if it is agreed to by both parties. The Committee will conform to the standard of the Apprenticeship Rules, Chapter 296-05 Washington Administrative Code (WAC) and RCW 49.04. 1. Council recommends the District become a training agent for existing BTC apprenticeship training programs. 2. Council recommends to exclude this from the CBA; instead, do an MOU after committee meets.
24
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
2016-17 CRAFTS & TRADES SALARY SCHEDULE (CT3, CT6 & CT8) Effective 9/1/2016 Trade Asbestos Worker Electrician FA1 Electrician Electronic Tech Plumber/Steamfitter Glazier Bricklayer Roofer Sheet Metal Painter Laborer Equipment Operator Carpet Layer Drywall Taper General Foreperson Senior General Foreperson
Hourly $34.88 $33.12 $37.18 $30.66 $35.99 $31.07 $31.85 $32.33 $35.12 $30.19 $26.67 $28.70 $29.81 $30.60 $40.89 $44.98
APPENDIX A
Commented [GAR22]: Need to update
Formatted: Right
Monthly $6,046.48 $5,740.90 $6,443.86 $5,314.11 $6,237.76 $5,386.06 $5,520.97 $5,604.16 $6,086.75 $5,233.04 $4,622.95 $4,974.82 $5,166.59 $5,303.51 $7,088.25 $7,797.07
Annual $72,558 $68,891 $77,326 $63,769 $74,853 $64,633 $66,252 $67,250 $73,041 $62,796 $55,475 $59,698 $61,999 $63,642 $85,059 $93,565
1. Forepersons shall be paid a $3.00 premium in addition to their regular hourly rate. 2. General Forepersons shall be paid 10% higher than the highest paid rate. (FA1 Electrician) 3. Senior General Foreperson shall be paid 10% higher than the General Foreperson. 4. Laborers assigned to work as equipment operators shall be paid a $1.00 premium in addition to the regular Laborer rate. 5. Any employee who has current certification as a rigger, and who is assigned rigging duties, will be paid a $4.00 premium when performing such duties. 6. The parties to this agreement agree to the addition of the FA-1 Electrician as a classification and rates in this Appendix, in lieu of a continued premium. This determination is a result of collective bargaining.
2016-17 Trades Salary Schedule w/3.0% increase effective 9/1/2016.
Formatted: Font: Not Bold Formatted: Font: 12 pt, Not Bold Formatted: Centered Formatted Table Formatted: Font: Not Bold Formatted: Font: 12 pt, Not Bold Formatted: Centered Formatted: Font: 12 pt, Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Left Formatted Table Formatted: Font: Not Bold
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25", Tab stops: 0.19", Left Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25", Tab stops: 0.19", Left Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25", Tab stops: 0.19", Left Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25", Tab stops: 0.19", Left Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25", Tab stops: 0.19", Left Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0" + Indent at: 0.25", Tab stops: 0.19", Left Formatted: Font: 14 pt, Not Bold
2013-14 CRAFTS & TRADES SALARY SCHEDULE (CT3, CT4, CT6, CT7 & CT8) Effective 9/1/2013
APPENDIX A
Commented [GAR23]: Need to update
Formatted: Font: (Default) Arial Formatted Table Formatted: Font: (Default) Arial
25
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
Trade
Hourly
Monthly
Annual
Asbestos Worker Electrician FA1 Electrician Electronic Tech Plumber/Steamfitter Glazier Bricklayer Roofer Sheet Metal Painter Laborer Equipment Operator Carpet Layer Taper General Foreperson Senior General Foreperson
$32.28 $30.34 $34.40 $26.79 $33.30 $28.75 $29.47 $29.92 $32.49 $27.94 $24.68 $25.68 $27.58 $28.31 $37.85 $41.64
$5,594.76 $5,259.41 $5,962.45 $4,643.85 $5,771.75 $4,983.67 $5,108.50 $5,186.75 $5,632.02 $4,842.08 $4,277.58 $4,450.91 $4,780.60 $4,907.29 $6,560.84 $7,216.92
$67,137 $63,113 $71,549 $55,726 $69,261 $59,804 $61,302 $62,241 $67,584 $58,105 $51,331 $53,411 $57,367 $58,887 $78,730 $86,603
1. Forepersons shall be paid a $2.00 premium in addition to their regular hourly rate. 2. General Forepersons shall be paid 10% higher than the highest paid rate. (FA1 Electrician) 3. Senior General Foreperson shall be paid 10% higher than the General Foreperson. 4. Laborers assigned to work as equipment operators shall be paid a $1.00 premium in addition to the regular Laborer rate. 5. Any employee who has current certification as a rigger, and who is assigned rigging duties, will be paid a $4.00 premium when performing such duties.
Formatted: Font: (Default) Arial
2013-14 Trades Salary Schedule w/1.40% increase effective 9/1/2013 Additionally Electronic Tech will receive 3.0% increase. Formatted: Left
26
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
Formatted: Font: (Default) Arial
2014-15 CRAFTS & TRADES SALARY SCHEDULE (CT3, CT4, CT6, CT7 & CT8) Effective 9/1/2014
APPENDIX A
Trade
Hourly
Monthly
Annual
Asbestos Worker Electrician FA1 Electrician Electronic Tech Plumber/Steamfitter Glazier Bricklayer Roofer Sheet Metal Painter Laborer Equipment Operator Carpet Layer Taper General Foreperson Senior General Foreperson
$32.86 $30.89 $35.02 $28.06 $33.90 $29.27 $30.00 $30.46 $33.08 $28.44 $25.12 $26.12 $28.08 $28.82 $38.54 $42.39
$5,695.46 $5,354.08 $6,069.77 $4,864.54 $5,875.64 $5,073.38 $5,200.45 $5,280.11 $5,733.39 $4,929.24 $4,354.57 $4,527.91 $4,866.65 $4,995.62 $6,680.27 $7,346.83
$68,346 $64,249 $72,837 $58,374 $70,508 $60,881 $62,405 $63,361 $68,801 $59,151 $52,255 $54,335 $58,400 $59,947 $80,163 $88,162
1. Forepersons shall be paid a $2.00 premium in addition to their regular hourly rate. 2. General Forepersons shall be paid 10% higher than the highest paid rate. (FA1 Electrician) 3. Senior General Foreperson shall be paid 10% higher than the General Foreperson. 4. Laborers assigned to work as equipment operators shall be paid a $1.00 premium in addition to the regular Laborer rate. 5. Any employee who has current certification as a rigger, and who is assigned rigging duties, will be paid a $4.00 premium when performing such duties.
27
Formatted: Font: (Default) Arial
Formatted: Font: (Default) Arial
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
2014-15 Trades Salary Schedule w/1.80% increase effective 9/1/2014 Additionally Electronic Tech will receive 2.9% increase.
2015-16 CRAFTS & TRADES SALARY SCHEDULE (CT3, CT4, CT6, CT7 & CT8) Effective 9/1/2015
APPENDIX A
Trade
Hourly
Monthly
Annual
Asbestos Worker Electrician FA1 Electrician Electronic Tech Plumber/Steamfitter Glazier Bricklayer Roofer Sheet Metal Painter Laborer Equipment Operator Carpet Layer Drywall Taper General Foreperson Senior General Foreperson
$33.21 $31.22 $35.39 $29.17 $34.27 $29.58 $30.32 $30.79 $33.43 $28.74 $25.39 $26.39 $28.38 $29.13 $38.93 $42.82
$5,756.38 $5,411.35 $6,134.70 $5,059.15 $5,938.49 $5,127.65 $5,256.08 $5,336.59 $5,794.72 $4,981.97 $4,401.15 $4,574.49 $4,918.71 $5,049.06 $6,748.17 $7,422.98
$69,077 $64,936 $73,616 $60,710 $71,262 $61,532 $63,073 $64,039 $69,537 $59,784 $52,814 $54,894 $59,025 $60,589 $80,978 $89,076
1. Forepersons shall be paid a $2.00 premium in addition to their regular hourly rate. 2. General Forepersons shall be paid 10% higher than the highest paid rate. (FA1 Electrician) 3. Senior General Foreperson shall be paid 10% higher than the General Foreperson. 4. Laborers assigned to work as equipment operators shall be paid a $1.00 premium in 28
Formatted: Font: (Default) Arial
Formatted: Font: (Default) Arial
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
addition to the regular Laborer rate. 5. Any employee who has current certification as a rigger, and who is assigned rigging duties, will be paid a $4.00 premium when performing such duties.
2015-16 Trades Salary Schedule w/1.0% increase effective 9/1/2015 Additionally Electronic Tech will receive 2.9% increase.
29
Formatted: Font: (Default) Arial Formatted Table
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
Formatted: Font: (Default) Arial
APPENDIX B: GRIEVANCE REVIEW REQUEST TRADES GRIEVANCE REVIEW REQUEST DESTINATION: □ Human Resources □ Facilities Supervisor/Director □ Grievant □ SKCBCTC □ Specific Trade
Formatted: Font: (Default) Arial
GRIEVANCE NUMBER: TRADES UNIT: Trades#:
Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial
District#:
Grievant:
Name
Job Title
Location
Date Submitted
Supervisor:
Name
Job Title
Location
Date Resolved
Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial
Grievance: 1. Describe fully when, where and how the grievance took place (attach additional information as necessary):
Formatted: Font: (Default) Arial
2. State specific provision(s) of the Agreement which is alleged to have been violated, misinterpreted or misapplied:
Formatted: Font: (Default) Arial
3. Remedy requested:
Formatted: Font: (Default) Arial
Grievant’s Signature:
Date:
Did the informal Step occur? Name of Supervisor: Date: □ Yes □ No Step 1 Hearing Was Union Rep present at If yes, Union Rep’s Name Response Date Date: Hearing? (copy attached): □ Yes □ No Supervisor’s Signature: Is answer satisfactory Union Representative’s Signature Date: to Grievant? □ Yes □ No Step 2 Hearing Was Union Rep present If yes, Union Rep’s Name Response Date (copy Date: at Hearing? attached): □ Yes □ No Director’s/Designee’s Signature: Is answer satisfactory Union Representative’s Signature Date: to Grievant? □ Yes □ No Step 3 AAA AAA Participants: Name of Arbitrator: Response Date: Date:
Formatted: Font: (Default) Arial
Informal Step
30
Formatted: Font: (Default) Arial
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
Formatted: Font: Bold
APPENDIX C: DUES DEDUCTION SETTLEMENT AGREEMENT This Settlement Agreement (“Agreement”) is entered into between the Seattle/King County Building and Construction Trades Council (“Building Trades”), the Building Laborers, Local 242 (“Laborers”), and the Seattle School District No. 1 (“District”) to fully and finally resolve a grievance filed by the Laborers on or about April 14, 2009.
Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, English (United States) Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial, English (United States) Formatted: Left Formatted: English (United States)
RECITALS Formatted: Left
A. On or about April 14, 2009, the Laborers filed a grievance with the District claiming that working dues or union dues were not paid to the Laborers in compliance with the 2007-2010 Collective Bargaining Agreement between the Building Trades and the District. The parties moved this dispute to arbitration, Case No. 75 390 00269 09.
Formatted: Left, Indent: Left: 0", Numbered + Level: 3 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 1.38" + Indent at: 1.63", Tab stops: 0.25", Left + Not at -0.5" + 0.24" + 0.48" + 0.73" + 0.97" + 1.01" + 1.21" + 1.45" + 1.69" + 1.93" + 2.18"
B. In order to avoid the expense and uncertainty were the parties to continue to litigate or administratively challenge this dispute, and in an effort to work more collaboratively in the future, the parties now desire to settle and forever resolve said disputes upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. The District agrees to submit to the Building Trades a list of all full-time, part-time, and temporary employees currently working for the District and represented by the Building Trades. The District will submit this list to the Building Trades within one week after this Agreement is signed by both parties.
Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at 0.25" Formatted: Left, Tab stops: 0.25", Left + Not at -0.5" + 0.24" + 0.48" + 0.73" + 0.97" + 1.01" + 1.21" + 1.45" + 1.69" + 1.93" + 2.18"
2. The Building Trades warrants and represents to the District that they have written authorization from all District employees on whose behalf they request dues deductions from the District. The Building Trades also warrants and represents to the District that all future individuals dispatched to the District from the Building Trades, and on whose behalf the Building Trades request dues deductions, will have provided written authorization for such deductions. 3. For all future dispatched individuals sent to work at the District by the Building Trades for all trades/locals except for the Laborers, all such individuals will bring with them on their first day of work a form, created by their respective local, indicating whether union dues are to be withheld by the District and the amount for that particular employee. For current employees represented by the Building Trades, the District will continue to withhold union dues unless the District is told to stop by the Building Trades. For current employees represented by the Building Trades, who self-pay union dues, the District will not withhold union dues for those employees, unless a form is turned in by the Building Trades indicating that union dues are to be withheld by the District and the amount for that particular employee. 4. For all future dispatched individuals sent to work at the District by the building Trades who are part of the Laborers, the District will withhold union dues for all such employees assigned to the District in the amount provided to the District under paragraph 6. For current employees represented by the Laborers, the District will continue to withhold union dues in the same amount, until that amount is changed under paragraph 6. 5. The Building Trades and District agree that it will be the responsibility of the Building Trades or individual locals to obtain written dues check-off authorizations for all future dispatched individuals sent to work at the District by the Building Trades. The District has no responsibility to ask any employee represented by the Building Trades to sign a dues check-off authorization document. It is the sole responsibility of the Building Trades to get a dues check-off authorization form signed.
Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at 0.25" Formatted: Left, Indent: Left: 0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: 0.25", Left + Not at -0.5" + 0.24" + 0.48" + 0.73" + 0.97" + 1.01" + 1.21" + 1.45" + 1.69" + 1.93" + 2.18" Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at 0.25" Formatted: Left, Indent: Left: 0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: 0.25", Left + Not at -0.5" + 0.24" + 0.48" + 0.73" + 0.97" + 1.01" + 1.21" + 1.45" + 1.69" + 1.93" + 2.18" Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at 0.25" Formatted: Left, Indent: Left: 0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: 0.25", Left + Not at -0.5" + 0.24" + 0.48" + 0.73" + 0.97" + 1.01" + 1.21" + 1.45" + 1.69" + 1.93" + 2.18" Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at 0.25"
31
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
6. The Building Trades agrees that it will be the responsibility of the Building Trades to provide written notice to the District of the dues amounts to be withheld for all employees when the dues amount is changed. It is the further responsibility of the Building Trades to submit any change in the amount of the dues to be withheld to the District at least 30 days in advance of the requested change date.
Formatted: Left, Indent: Left: 0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: 0.25", Left + Not at -0.5" + 0.24" + 0.48" + 0.73" + 0.97" + 1.01" + 1.21" + 1.45" + 1.69" + 1.93" + 2.18"
7. The District agrees to pay the Laborers $3,900 to resolve all issues related to improperly withheld or paid union dues, including all working dues and union dues.
Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at 0.25"
8. The Laborers agree to withdraw its grievance and its request for arbitration related to the dues dispute (Case No. 75 390 00269 09). 9. The Building Trades and Laborers agree to not file any future grievances, claims, or lawsuits for any unpaid dues, including working dues or union dues, from all past dates until the date this agreement is signed. 10. This Agreement is for settlement purposes only and does not constitute an admission of any wrongful act or omission by any party. This Agreement is non-precedent setting. 11. Each party is responsible for paying their own costs and fees related to this dispute, including but not limited to arbitrator fees and attorney fees. 12. This two-page Agreement constitutes the entire understanding between the Building Trades, the Laborers, and the District.
Formatted: Left, Indent: Left: 0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: 0.25", Left + Not at -0.5" + 0.24" + 0.48" + 0.73" + 0.97" + 1.01" + 1.21" + 1.45" + 1.69" + 1.93" + 2.18" Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at 0.25" Formatted: Left, Indent: Left: 0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: 0.25", Left + Not at -0.5" + 0.24" + 0.48" + 0.73" + 0.97" + 1.01" + 1.21" + 1.45" + 1.69" + 1.93" + 2.18" Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at 0.25" Formatted: Left, Indent: Left: 0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: 0.25", Left + Not at -0.5" + 0.24" + 0.48" + 0.73" + 0.97" + 1.01" + 1.21" + 1.45" + 1.69" + 1.93" + 2.18" Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at 0.25" Formatted: Left, Indent: Left: 0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: 0.25", Left + Not at -0.5" + 0.24" + 0.48" + 0.73" + 0.97" + 1.01" + 1.21" + 1.45" + 1.69" + 1.93" + 2.18" Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at 0.25" Formatted: Left, Indent: Left: 0", Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: 0.25", Left + Not at -0.5" + 0.24" + 0.48" + 0.73" + 0.97" + 1.01" + 1.21" + 1.45" + 1.69" + 1.93" + 2.18" Formatted: List Paragraph, No bullets or numbering, Tab stops: Not at 0.25"
32
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
20136-20196 MEMORANDUM OF UNDERSTANDING between SEATTLE SCHOOL DISTRICT NO. 1 and SEATTLE/KING COUNTY BUILDING AND CONSTRUCTION TRADES COUNCIL
33
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
MEMORANDUM OF UNDERSTANDING CONCERNING WORKPLACE BEHAVIOR BETWEEN SEATTLE SCHOOL DISTRICT NO. 1 & SEATTLE/KING COUNTY BUILDING AND CONSTRUCTION TRADES COUNCIL 2013-2016
Formatted: Centered, Indent: Left: 0", First line: 0"
This Memorandum of Understanding (MOU) is entered into by the Seattle School District No. 1 and the Seattle/King County Building and Construction Trades Council (Council or SKCBCTC). The parties have agreed that the provisions set forth herein shall expire August 31, 2016. The agreements between the parties are as follows: The District and the Council agree that it is to their mutual advantage to and recognize that each has an affirmative obligation to discourage and work towards preventing harassing, abusive and/or disruptive behavior by and among employees at their workplace. To this end, the District and Council Labor Management Committee (LMC) will undertake discussions about: 1.
Familiarizing LMC members and employees with existing District policies and procedures concerning Anti-Harassment and Acts of Hostility, Defamation, or Discrimination. At the request of the LMC, this could include requesting the District’s Manager of Equity and Compliance to attend a LMC meeting to discuss said policies;
2.
Identifying “harassing, abusive, and/or disruptive” behaviors as it relates to workplace behavior;
3.
Distinguishing unacceptable behaviors from acceptable worksite banter and interaction;
4.
Identifying standards of workplace behavior that apply to employees involving their interactions among one another; and,
5.
Identifying means by which to address unacceptable workplace behavior.
The effort espoused herein shall be undertaken in a good faith, collaborative manner to enhance day-today behavior and interaction among employees at their workplace. However, nothing herein or any product developed by the LMC concerning the topic described herein shall, in any way, interfere with or obviate District policies and procedures relative to this topic including the District’s policies and procedures concerning Anti-Harassment and Acts of Hostility, Defamation, or Discrimination. In addition, this MOU in general or any of its terms in particular shall not be subject to the Grievance Procedure contained in the parties’ collective bargaining agreement nor shall same interfere, in any way, with the District’s right to discipline employees for just cause. *This MOU is considered signed when the cover page of the Agreement is signed. Formatted: Indent: Left: 0"
34
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
MEMORANDUM OF UNDERSTANDING BY AND BETWEEN SEATTLE SCHOOL DISTRICT NO. 1 AND SEATTLE/KING COUNTY BUILDING AND CONSTRUCTION TRADES COUNCIL ESSB 5940 Seattle Public Schools (SPS) and the Seattle/King County Building and Construction Trades Council (the Union), mutually acknowledge that, among other things, Section 3 of HSSB 5940, which took effect on July 11, 2012, directs Washington state school districts to make progress: (a) on “promoting health care innovations and cost savings and significantly reducing administrative costs;” (b) “toward employee premiums that are established to ensure that full family coverage premiums are not more than three times the premiums for employees purchasing single coverage for the same coverage plan, unless a subsequent premium differential target is defined as a result of the review and subsequent actions described in section 6 of this act;” and (c) to “offer employees at least one health benefit plan that is a high deductible health plan offered in conjunction with a health savings account in which the employee share of the premium cost for a full-time employee, regardless of whether the employee chooses employee-only coverage or coverage that includes dependents, does not exceed the share of premium cost paid by state employees during the state employee benefits year that started immediately prior to the school year.” Therefore, SPS and the Union mutually agree to make good faith efforts to work together during the term of this agreement to make progress as directed by this law.
Note. This Memorandum is considered signed when the Agreement is signed. 35
Formatted: Font: (Default) Arial
20136-20169 Collective Bargaining Agreement between Seattle Public Schools and Seattle/King County Building and Construction Trades Council
36
SCHOOL BOARD ACTION REPORT DATE: FROM: LEAD STAFF:
April 7, 2017 Dr. Larry Nyland, Superintendent Gretchen DeDecker/Self Help Projects /
[email protected]; Flip Herndon/ Associate Superintendent for Facilities & Operations, 206-252-0644
For Introduction: May 3, 2017 For Action: May 17, 2017 1.
TITLE
Acceptance of Gift of Highland Park Elementary Playground Improvement Project 2.
PURPOSE
This Board Action Report details a Self Help Project playground improvement gift at Highland Park Elementary that may exceed $250,000. 3.
RECOMMENDED MOTION
I move that the School Board accept the gift of the Highland Park Elementary Playground Improvement Project from the Friends of Highland Park Elementary, as described in the Board Action Report. 4.
BACKGROUND INFORMATION a. Background The Self Help Projects Program, administered within the Facilities Department, has been a mechanism for volunteer initiated and implemented facility improvements at our District schools since the mid-1970s. Annually, approximately 450 projects are introduced, with 80% to 90% of the projects reaching fruition. About two years ago, the Friends of Highland Park Elementary (FHPE) initiated an effort to plan, design, and construct a playground improvement project at Highland Park Elementary School. Currently, the Highland Park Elementary School playground has limited play value: six basketball hoops, five tether ball poles, and painted gamelines for kickball, four-square, and hopscotch, plus a US and World map. There is no play structure on the main playground. (The separate kindergarten play yard includes a play structure intended for younger grades, but the play yard is too small to accommodate the entire kindergarten at recess; therefore, the kindergarten play yard is 1
used only by the preschool program and by the on-site childcare.) The Park immediately adjacent to Highland Park Elementary is owned by the Seattle Parks Department. The Park includes a play structure; however, Highland Park students are allowed to use the Park only when there is adequate supervision to take students to the unfenced Park, which occurs only rarely. The Park is currently undergoing a major renovation, and Parks’ new equipment will move even further from the school premises. The Phase 1 improvements at Highland Park Elementary School playground (see attached Site Plan) will include: An improved entry at the northwest corner of the playground to provide a more welcoming and inviting presence for the school and playground, as well as increasing safety for student drop-off and pick-up. A revised ADA ramp and complementing steps leading to the playground. Relocation and installation of the net climber play equipment, which will be surplus from the Lincoln High School site. The play equipment at Lincoln will no longer be relevant when Lincoln is renovated for use as a high school. Site infrastructure, including curbing, drainage, safety surface and ADA access, and seat walls. Additional play components including a hillside rock scramble and embankment slides. Natural play elements will be implemented as funds become available. Once the project is complete – anticipated late fall 2017 – the improvements become the property of the Seattle School District. The improvements are considered a “gift” to the District. If a gift’s project value exceeds $250,000, the “gift” is subject to School Board Approval. The Friends of Highland Park Playground have been actively fundraising to implement their project. To date, $245,000 in funds have been identified for the project, though not all funds are in hand yet. Since there is a possibility the FHPE will be successful in exceeding $250,000 in fundraising, this project is being presented to the School Board now, rather than delaying the project later. Funding sources include: $25,000 $25,000
$69,000
$5,000 $100,000
Department of Neighborhood Matching Funds, used to develop a Conceptual Plan Design, led by Pomegranate Center design team. Department of Neighborhood Matching Funds, used to develop Construction Documents (including survey), led by Pomegranate Center design team. King County Youth Sports Facilities Grant, for installing the relocated net climber play equipment from Lincoln, together with two embankment slides, and associated site work including safety surface. Capital One grant, to be used toward construction. Request to Department of Neighborhood for Community Partnership Matching Fund, to be used toward construction. Notification whether Matching Funds will be awarded is expected at the end of May. 2
School District contribution from the Self Help Projects Office’s capital funds, for bid advertising, temporary fencing, city permits, and infrastructure. Seattle Department of Transportation Mini Grant to paint a streetintersection graphic for purposes of traffic calming as part of Safe Routes to School. Fundraising by Steering Committee.
$10,000
$1,000
$10,000 $245,000
Anticipated Total Project Cost (Value of volunteer hours and donated services, which count towards required Match for grants, is not included.)
b. Alternatives An alternative is to not accept the playground improvements gift. This is not recommended, since Highland Park Elementary currently does not have a play structure on their main playground, and there are very limited existing playground amenities on this school’s playground. c. Research Numerous studies show the value of active play to support the physical, social, emotional and cognitive development of children. A growing body of scientific literature has documented a link between rigorous activity and enhanced learning and improved test scores. Children engaged in active play strengthen bones and muscles; combat childhood obesity; and develop life-long habits for an active lifestyle. Active play can also contribute to decreased stress. Highland Park Elementary students were engaged in an educational exercise to describe what elements they want to see on their improved playground, and overwhelmingly requested playground equipment. 5.
FISCAL IMPACT/REVENUE SOURCE
The fiscal impact to this action: Expenditures -- Staff support to review and facilitate the FHPE efforts to design and build the playground; a one-time contribution of up to $10,000 Capital funds as Match to other agencies’ grants, and to contribute towards the construction costs; and on-going maintenance costs from the Facilities Department budget, when routine maintenance is warranted. Revenue – accepting a one-time gift of playground improvements from FHPE. Expenditure:
One-time (Capital)
Revenue:
One-time (Gift)
Annual (General Fund) Annual
Multi-Year
Multi-Year
N/A
N/A
3
6.
COMMUNITY ENGAGEMENT
With guidance from the District’s Community Engagement tool, this action was determined to merit the following tier of community engagement: Not applicable Tier 1: Inform Tier 2: Consult/Involve Tier 3: Collaborate The efforts by the Friends of Highland Park Elementary to improve the school’s playground was initiated long before the inception of the District’s Community Engagement tool; therefore, the tool was not utilized. However, the very nature of Self Help Projects – initiation and implementation of improvement projects by the community – is intended to strengthen school/neighborhood/community bonds, and foster goodwill within the community. The project’s activities, together with the high expectations by grantors for rigorous community engagement as part of their matching grant requirements, has achieved robust community outreach and engagement for this project. The engagement strategies were used (1) to inform the school’s staff, students, families, and neighbors about the project, (2) to invite ideas from each of these groups regarding desired improvements, in order to incorporate them into the design, and (3) to ask for, and consider feedback from each of these groups regarding the plans as they were developed. Some examples of outreach and engagement include: The steering committee, comprised of representatives of school families, staff and neighbors, has convened routinely for the last two years to keep the project in a forward trajectory and ensure community involvement. During the conceptual planning phase, volunteers distributed fliers door-to-door to homes surrounding the school to invite neighbors to a dinner hosted by the Friends of Highland Park Elementary. Participants were encouraged to contribute their ideas for improving the playground. Over 100 adults and children attended. The design team consultants led a graphics exercise, after which people shared their thoughts with each other. The design team consultant led an in-classroom effort (1) with 4th graders to design and build their dream playground with popsicle sticks, and (2) with 1st graders to draw their dream playground. These students’ creations were prominently featured at the first community design meeting to inspire imaginative thinking. “Monthly Kickball Saturdays” was initiated to bring families to the playground to get to know each other, and experience the shortcomings of the playground. At these exuberant gatherings, steering committee representatives shared progress on the playground project. Representatives of HPES have been present at numerous events and venues to share the status of the playground and encourage involvement: all-school Cultural Night, square dance, free family movie night, Highland Park Improvement Club. The West Seattle Blog has featured the project and imminent meetings/events. 4
7.
EQUITY ANALYSIS
The efforts by the Friends of Highland Park Elementary to improve the school’s playground was initiated before the inception of the District’s Racial Equity Analysis tool; therefore, the tool was not utilized. However, it is important to highlight that this project will benefit the racially diverse Highland Park Elementary students and surrounding community. Early fall 2016 information indicates that in its nearly 400-student body, 84% are students of color, 77% receive free or reduced-price lunch, over 32% of students receive ELL services, and 14% receive Special Education services. Numerous languages are spoken by Highland Park Elementary families. The three predominant languages are English, Spanish, and Vietnamese. Translated fliers for outreach were provided to the extent possible. The steering committee gave considerable thought to culturally relevant community engagement, though there is still a struggle to fully achieve this. 8.
STUDENT BENEFIT
As noted above, studies have shown that rigorous activity promotes important educational, social, emotional and physical aspects of child development. An improved Highland Park Elementary playground will provide opportunities for relevant and rigorous activities that will benefit all students at the school. 9.
WHY BOARD ACTION IS NECESSARY Amount of contract initial value or contract amendment exceeds $250,000 (Policy No. 6220) Amount of grant exceeds $250,000 in a single fiscal year (Policy No. 6114) Adopting, amending, or repealing a Board policy Formally accepting the completion of a public works project and closing out the contract Legal requirement for the School Board to take action on this matter
Board Policy No. 6114, Gift, Grants, Donations and Fundraising Proceeds, provides the Board shall approve this item Other: _____________________________________________________________________ 10.
POLICY IMPLICATION
Board Policy No. 6114 -- Gift, Grants, Donations and Fundraising Proceeds – actively encourages cooperation with individuals and governmental and non-governmental organizations as well as from private and foundation sources desiring to provide resource assistance to the district. Any gift of any type having a total value (including both the contribution and any district 5
resources required to be contributed) of $250,000 or greater are subject to Board approval. This motion is consistent with School Board Policy 6114. Board Policy No. 6807 -- Self Help Facilities Improvement Projects -- allows and encourages facilities improvements projects as a means to (1) strengthen school/neighborhood/community bonds; (2) augment Seattle School District resources; (3) instill pride among students, staff, and families; and (4) foster goodwill within the community. This playground improvement project is consistent with this policy. The motion is consistent with School Board Policy No. 6807. 11.
BOARD COMMITTEE RECOMMENDATION
This motion will be discussed at the Operations Committee meeting on April 20, 2017. The Committee reviewed the motion and ____________________________________. 12.
TIMELINE FOR IMPLEMENTATION
Upon approval of this motion, the Friends of Highland Park Elementary will proceed with their playground improvement project for Highland Park Elementary School. Fundraising is expected to continue through late spring. Competitive bidding will occur early summer, with construction anticipated late summer through fall. Community engagement will continue to keep people informed and invite volunteer participation in implementation efforts where applicable. 13.
ATTACHMENTS
Diagram illustrating the Friends of Highland Park Playground Conceptual Site Plan Improvements
6
SEPTEMBER 2016
HIGHLAND PARK ELEMENTARY SCHOOL PLAYSCAPE I SCHEMATIC LANDSCAPE PLAN
SCHOOL
COVERED AREA (BASKETBALL)
tj
BALLPLAYZONE
1’
RSTACK
PLAY ROUND
EXIT
Lzv
0
RAIN GARDEN
POMEGRANATE
CENTER
RAIN PLAZA (DRY)
‘
1h15 u a conceptual plan for the potential redevelopment of this see. Ito subject to revisions ilneedsi change in Ihefuture. As the details of eacfr separate element isfuoher developed fnracnual construction, School District Self Help application, revlewaod appooval Is required before ctnstnuction may begin. Conceptual plot reviewed by Self Help ReviewTeam: date
•
.-‘---POCKETS
‘‘-NAT1’F PLANTING
N7
1GRASSY
7I
____________
TT,e(,’f-1J7- e&AIffpr,4
________
SCHOOL BOARD ACTION REPORT DATE: FROM: LEAD STAFF:
April 7, 2017 Dr. Larry Nyland, Superintendent Gretchen DeDecker/Self Help Projects /
[email protected]; Flip Herndon/ Associate Superintendent for Facilities & Operations, 206-252-0644
For Introduction: May 3, 2017 For Action: May 17, 2017 1.
TITLE
Acceptance of Gift of Madrona Playground Improvement Project 2.
PURPOSE
This Board Action Report details a Self Help Project playground improvement gift at Madrona K-8 (then starting fall 2017 will be Madrona Elementary) that may exceed $250,000. 3.
RECOMMENDED MOTION
I move that the School Board accept the gift of the Madrona Playground Improvement Project from the Madrona PTSA, as described in the Board Action Report. 4.
BACKGROUND INFORMATION a. Background The Self Help Projects Program, administered within the Facilities Department, has been a mechanism for volunteer initiated and implemented facility improvements at our District schools since the mid-1970s. Annually, approximately 450 projects are introduced, with 80% to 90% of the projects reaching fruition. Over one year ago, the Madrona PTSA (PTSA) initiated an effort to plan, design, and construct a playground improvement project at Madrona School. The Madrona’s main playground is quite small. Currently, the playground has limited play value: three basketball hoops, two tether ball poles, some painted gamelines for four-square, and a play structure. At nearly 20 years old, the current play structures is approaching the end of its useful life. Several broken components of the play structure have been replaced with pieces salvaged from other schools’ demolished play structures.
1
In recent years, the PTSA has sponsored volunteer efforts to paint the gamelines. These have gradually faded. Segment of the playground are off-limits due to unsuitability for play. The goal of the PTSA’s playground project is to maximize every inch of the small playground for improved play opportunities. Improvements are expected to be implemented in several phases. Phase 1A and 1B will include (see attached Site Plan): New play structure and safety surface with associated infrastructure. New west pedestrian entry gate to encourage community use of the playground outside of school hours. Improved welcoming east entry to recognize and facilitate connection to nearby Madrona Park. Activate spaces surrounding the existing play structure that are currently off-limits to play, by providing access and natural and imaginative play elements. New vibrantly painted gamelines to better direct play activities, and create a running/walking circuit. Phase 2 improvements will be implemented as funds become available. This includes revision of the learning garden to increase play opportunities. Once the Phase 1 project is complete – anticipated late fall 2017 – the improvements become the property of the Seattle School District. The improvements are considered a “gift” to the District. If a gift’s project value exceeds $250,000, the “gift” is subject to School Board Approval. The Madrona PTSA through its steering committee has been actively fundraising to implement their project. To date, $252,000 in funds have been identified for the project, though not all funds are in hand yet. Since there is a possibility the PTSA will be successful in exceeding $250,000 in fundraising, this project is being presented to the School Board now, rather than potentially delaying the project later. Funding sources include: $25,000
Department of Neighborhood Matching Funds, used to develop Conceptual, Schematic and Construction plans, led by Johnson + Southerland design team.
$75,000
King County Youth Sports Facilities Grant, for purchasing and installing a new play structure, together with associated site work including safety surface. Madrona Community Council grant from the Krauss Fund, to be used toward construction to enhance the east entrance. Request in June to Department of Neighborhood for Community Partnership Matching Fund, to be used toward construction.
$12,000 $100,000
2
Notification whether Matching Funds will be awarded is expected in the fall. School District contribution from the Self Help Projects Office’s capital funds, for bid advertising, temporary fencing, city permits, infrastructure. Fundraising goal by Steering Committee.
$10,000
$30,000 $252,000
Anticipated Total Project Cost (Value of volunteer hours and donated services, which count towards required Match for grants, is not included.)
b. Alternatives An alternative is to not accept the playground improvements gift. This is not recommended, since Madrona’s playground and play structure are in need of renovation and improved play opportunities. c. Research Numerous studies show the value of active play to support the physical, social, emotional and cognitive development of children. A growing body of scientific literature has documented a link between rigorous activity and enhanced learning and improved test scores. Children engaged in active play strengthen bones and muscles; combat childhood obesity; and develop life-long habits for an active lifestyle. Active play can also contribute to decreased stress. After raising funds to replace the broken slide on the play structure a few years ago, the PTSA spoke with the principal and parents/families at PTSA meetings to discuss the state of the playground. The PTSA representatives then reached out to Madrona students to ask what they wanted in the playground. The representatives also spoke with community members about the connection between the school and the neighborhood, and the benefit of opening the playground to the public. Everyone supported redesigning the playground to use all available space, including a larger, more engaging play structure. 5.
FISCAL IMPACT/REVENUE SOURCE
The fiscal impact to this action: Expenditures -- Staff support to review and facilitate the Madrona PTSA efforts to design and build the playground; a one-time contribution of up to $10,000 Capital funds to Match other agencies’ grants, and to contribute towards the construction costs; and on-going maintenance costs from the Facilities Department budget, when routine maintenance is warranted. Revenue – accepting a one-time gift of playground improvements from FHPE. Expenditure:
One-time (Capital)
Annual (General Fund)
Multi-Year
N/A 3
Revenue: 6.
One-time (Gift)
Annual
Multi-Year
N/A
COMMUNITY ENGAGEMENT
With guidance from the District’s Community Engagement tool, this action was determined to merit the following tier of community engagement: Not applicable Tier 1: Inform Tier 2: Consult/Involve Tier 3: Collaborate The efforts by the Madrona PTSA to improve the school’s playground was initiated before the inception of the District’s Community Engagement tool, so the tool was not utilized. However, the very nature of Self Help Projects – initiation and implementation of improvements projects by the community – is intended to strengthen school/neighborhood/community bonds, and foster goodwill within the community. The project’s activities, together with the high expectations by grantors for rigorous community engagement as part of their Matching grant requirements, has achieved a robust community outreach and engagement for this project. The engagement strategies were used (1) to inform the school’s staff, students, families, and neighbors about the project, (2) to invite ideas from each of these groups regarding desired improvements, in order to incorporate them into the design, and (3) to ask for and consider feedback from each of these groups regarding the plans as they were developed. Some examples of outreach and engagement include:
The PTSA formed a Steering Committee in April 2016, reaching out to local businesses, the Madrona Community Council, school parents/families, PTSA members, and neighbors. At Madrona Community Council’s Winter Playfair on January 14, 2017, the Steering Committee staffed a table to talk about the Playground Project and conduct community outreach. The Steering Committee’s first formal outreach for the Playground Project took place at Madrona School’s Multicultural Night, January 19, 2017, where the Committee reached 450 community members to solicit input on the Playground Project. At Madrona School’s Math Night, on February 28th, two drawings depicting design ideas were offered for input, and to gather ideas. The PTSA attends monthly Madrona Community Council (MCC) meetings to keep the Council updated on the Playground Project (October to present). Madrona (School) News – A monthly column provides updates on the Playground Project (October to present). In-school design input - The design team, Johnson + Southerland, conducted a design exercise with students on the playground during recess, creating chalk drawings and discussing play elements with kids. 4
7.
Madrona school staff – PTSA met with staff to discuss design ideas and solicit feedback (January 26). The Steering Committee and design team visited classrooms and art class to show students design proposals and invite input (February 13-16). “Open Madrona” is a Facebook page where people can post ideas for the playground and check out the latest design work by the design team. The Steering Committee staffed a table at Madrona Community Council’s Spring Fest (March 30, 2017) to present the latest design work and solicit input from the school community. The project graphics and its process to-date has been prominently posted in the school’s main hallway where families and visitors can see what’s happening. Students, staff, families, and neighbors will be invited to help select the playground equipment upon receipt of proposals from playground vendors. EQUITY ANALYSIS
The efforts by the Madrona PTSA to improve the school’s playground was initiated before the inception of the District’s Racial Equity Analysis tool, so the tool was not utilized. However, it is important to highlight that this project will benefit the racially diverse Madrona School students and surrounding community. Early fall 2016 information indicates that Madrona’s enrollment is nearly 300 students; 58% receive free or reduced-price meals; 71% are students of color; 12% qualify for ELL services; and over 15% receive special education services. Because Madrona’s attendance boundary includes several shelters, 16% of students are McKinney-Vento qualified (homeless/unstable housing). There are ten predominant languages at the school. The steering committee gave considerable thought to culturally relevant community engagement, though there is still a struggle to fully achieve this. The Steering Committee has worked with Madrona’s ELL teacher to conduct outreach to the families she serves. 8.
STUDENT BENEFIT
As noted above, studies have shown that rigorous activity promotes important educational, social, emotional and physical aspects of child development. An improved Madrona School playground will provide opportunities for relevant and rigorous activities that will benefit all students at the school. 9.
WHY BOARD ACTION IS NECESSARY Amount of contract initial value or contract amendment exceeds $250,000 (Policy No. 6220) Amount of grant exceeds $250,000 in a single fiscal year (Policy No. 6114) Adopting, amending, or repealing a Board policy Formally accepting the completion of a public works project and closing out the contract 5
Legal requirement for the School Board to take action on this matter Board Policy No. 6114, Gift, Grants, Donations and Fundraising Proceeds, provides the Board shall approve this item Other: _____________________________________________________________________ 10.
POLICY IMPLICATION
Board Policy No. 6114 -- Gift, Grants, Donations and Fundraising Proceeds – actively encourages cooperation with individuals and governmental and non-governmental organizations as well as from private and foundation sources desiring to provide resource assistance to the district. Any gift of any type having a total value (including both the contribution and any district resources required to be contributed) of $250,000 or greater are subject to Board approval. This motion is consistent with School Board Policy 6114. Board Policy No. 6807 -- Self Help Facilities Improvement Projects -- allows and encourages facilities improvements projects as a means to (1) strengthen school/neighborhood/community bonds; (2) augment Seattle School District resources; (3) instill pride among students, staff, and families; and (4) foster goodwill within the community. This playground improvement project is consistent with this policy. The motion is consistent with School Board Policy No. 6807.
11.
BOARD COMMITTEE RECOMMENDATION
This motion will be discussed at the Operations Committee meeting on April 20, 2017. The Committee reviewed the motion and ____________________________________. 12.
TIMELINE FOR IMPLEMENTATION
Upon approval of this motion, the Madrona PTSA will proceed with their playground improvement project for Madrona School. Fundraising is expected to continue through next fall. Competitive bidding will occur this spring for the play structure, with installation anticipated late summer through fall; upon sufficient fundraising, other Phase 1B improvements will be carried out beginning fall 2017, as feasible during school operations. Community engagement will continue in order to keep people informed and invite volunteer participation in implementation efforts where applicable. 13.
ATTACHMENTS
Diagram illustrating the Madrona PTA Playground Schematic Site Plan Improvements
6
I
3-21-I?
SOUTHERLAND
JOHNSON
o
ir
-—
r
——
2r
‘p&L IHEET (nX24. *GALIi i HALFSHfWF(1iX17),SC*LLi W4
__
ARY ND
7jr- p,A-rr XYHkT7c Pt
SCHOOL BOARD ACTION REPORT DATE: FROM: LEAD STAFF:
April 10, 2017 Dr. Larry Nyland, Superintendent Teresa Fields, Director, Nutrition Services,
[email protected]; 206-252-0685 Pegi McEvoy, Assistant Superintendent of Operations,
[email protected]; 206-252-0102
For Intro: For Action:
May 17, 2017 June 7, 2017
1.
TITLE
Approval of the City of Seattle Project Services Contract - Office of Superintendent of Public Instruction/United States Department of Agriculture (OSPI/USDA) 2017 Summer Food Service Program 2.
PURPOSE
This contract is to provide prepared food and delivery services for the City of Seattle for the annual Summer Foodservice Program for Seattle students. It is in excess of $250,000, and therefore Board action is necessary per Policy No. 6220, Procurement. 3.
RECOMMENDED MOTION
I move that the School Board authorize the Superintendent to execute a contract with the City of Seattle in the amount of $_____________________, to provide breakfast, lunch and afternoon snacks for the City of Seattle’s Office of Superintendent of Public Instruction/United States Department of Agriculture Summer Food Service program, in the form of the draft agreement attached to the Board Action Report and presented to the School Board, with any minor additions, deletions, and modifications deemed necessary by the Superintendent and to take any necessary actions to implement the contract. 4.
BACKGROUND INFORMATION a. Background: The City of Seattle, as a participant in the U.S. Department of Agriculture’s Summer Food Service Program, is purchasing from the District prepared and delivered, breakfast, lunch and afternoon snacks for children participating in the program. Free and nutritious meals are provided to low-income children and youth ages 1-18 in community locations in Seattle and parts of King County during the summer of 2017. The District will deliver meals to sites as arranged; delivery will not be provided to all locations. The District is prepared to supply 53,583 breakfasts, 134,713 lunches and 62,384 snacks during the nine weeks that the program operates during the summer; this is an increase in the numbers of meals served for 2017 based on 2016 experience. Seattle Public School’s Nutrition Services Department has been the food services contractor supporting the Summer Food Service needs of the City of Seattle since the 1
early 70’s. The execution of this contract provides summer employment opportunities for a number of Nutrition Services employees and additionally supports the continuation of providing nutritious meals to vulnerable and food insecure youth around Seattle. b. Alternatives: Not accepting the contract with the City of Seattle to provide breakfast, lunch and afternoon snacks during the summer has the potential to affect the nutritional needs of appropriately 5,000 vulnerable children who reside in the City of Seattle. Nutrition Services additionally relies on the revenue generated from this agreement to support its overall food service program. Providing uninterrupted meal services to vulnerable and food insecure youth ensures during the summer months that quality meal services are provided to them once the school year has concluded. c. Research: N/A 5.
FISCAL IMPACT/REVENUE SOURCE
Revenue from the City of Seattle is dependent on the total meals ordered; this number fluctuates throughout the 9-week summer program. Historically, the Summer Food Service Program has received enough reimbursement revenue from the City of Seattle to cover expenses. The district is asking for rate increases of five cents this year to cover any increases (from $1.90 to $1.95 for breakfast, $3.25 to $3.30 for lunch) and ensure that the program continues to break even.
6.
COMMUNITY ENGAGEMENT
With guidance from the District’s Community Engagement tool, this action was determined to merit the following tier of community engagement: Not applicable Tier 1: Inform Tier 2: Consult/Involve Tier 3: Collaborate 7.
EQUITY ANALYSIS
N/A 8.
STUDENT BENEFIT
Close to 250,000 meals and snacks will be served to Seattle students who would not necessarily have access to regular nutritious meals outside of the school year. 9.
WHY BOARD ACTION IS NECESSARY Amount of contract initial value or contract amendment exceeds $250,000 (Policy No. 6220) 2
10.
POLICY IMPLICATION
Policy No. 6220, Procurement. The contract exceeds $250,000. 11.
BOARD COMMITTEE RECOMMENDATION
This motion was discussed at the Operations Committee meeting on April 20, 2017. The Committee reviewed the motion and _____________. 12.
TIMELINE FOR IMPLEMENTATION
Upon approval of this motion, the school district and the City of Seattle will execute the contract and prepare for a June 26, 2017 implementation of the summer feeding program. 13.
ATTACHMENTS Draft contract with the City of Seattle (placeholder)
3
SCHOOL BOARD ACTION REPORT DATE: FROM: LEAD STAFF:
April 20, 2017 Dr. Larry Nyland, Superintendent John Krull, Chief Information Officer, 206-252-0321,
[email protected] Nancy Petersen, Director Enterprise Services, 206-252-0480,
[email protected]
For Introduction: May 3, 2017 For Action: May 17, 2017 1.
TITLE
Approval of contracts for annual PowerSchool Maintenance and Support and for Online Registration Forms and Support 2.
PURPOSE
The purpose of this Board Action Report is to approve two separate contracts with PowerSchool. One contract is for the annual maintenance and support of PowerSchool. The other contract is for a new Online Registration form service for 1 year. 3.
RECOMMENDED MOTION
I move that the School Board authorize the Superintendent to execute two contracts with PowerSchool as follows: • A one-year renewal with PowerSchool in the amount of $242,550.00 plus tax for annual maintenance and support from May 2, 2017 to May 1, 2018. • A 1-year agreement for set-up and services for a new Online Registration form service in the amount of $120,760.50 from May 2017 to May 2018 with the option of a second year (estimated amount $90,771.22) and third year (estimated amount $91,678.93) renewal. I further move that said contracts be executed in the form of two purchase orders dated May 17, 2017 and attached to the School Board Action Report, with any minor additions, deletions, and modifications deemed necessary by the Superintendent, and to take any necessary actions to implement the two contracts. 4.
BACKGROUND INFORMATION a. Background The original license agreement with PowerSchool (formerly Pearson) was entered into in October 2012. The license included maintenance, software use and technical support of the PowerSchool product. The district has been renewing the support agreement for PowerSchool each year for four years. Seattle Public Schools (SPS) uses the PowerSchool product as its Student Information System (SIS) to manage, track and report on student information including data on student demographics, classes, attendance, grades, transcripts, etc. The first contract proposed for approval under this BAR renews this agreement for another year.
The second contract approval proposed under this BAR is for new services and will cover development and implementation of new Online Registration forms, including the SPS Enrollment Form completed by new families and the SPS Student Verification Form that is sent out annually to all students’ families to update their student information. Families will enter their information online, where it will be validated as needed and automatically entered into the PowerSchool database. Because the online forms are accessed via the web, families may complete the forms from their homes, any district locations, public libraries, etc. Putting the Enrollment Form online for automatic entry to PowerSchool will save over $100,000 per year in Enrollment Services staff overtime and additional hourly substitute time that is required to enter enrollment forms manually. Adding the Student Verification Form online will save time for school staff who manually print and distribute the forms to each student and then collect and input the changed data. This new process will be quicker, more secure and result in better data entry. b. Alternatives Given our current investment and infrastructure, there are no credible alternatives to the approval of the annual maintenance and support. For the new Online Registration forms service, there is no other product that integrates automatically with PowerSchool. Using a different forms product or developing our own online may be feasible in the future, but this option will result in a quicker solution with less investment. Keeping the current registration processes would continue to require a substantial amount of manual entry in Enrollment Services and at the schools, resulting in delayed availability of accurate data and greater chance of errors. Additionally, with the current process of distributing paper forms for student data verification, there is a greater risk of erroneous release of student data. c. Research Not Applicable. 5.
FISCAL IMPACT/REVENUE SOURCE
The fiscal impact to this action will be $390,095.30. The annual maintenance and support cost of PowerSchool is $269,334.80 including taxes. The new Online Registration forms service cost is $120,760.50 for license, subscription and set-up. The funding source for the annual support motion is General maintenance fund while the Online Registration forms service is BTA IV funding for Student Information System Support. Expenditure:
One-time
Annual
Multi-Year
N/A
Revenue:
One-time
Annual
Multi-Year
N/A
6.
COMMUNITY ENGAGEMENT
With guidance from the District’s Community Engagement tool, this action was determined to merit the following tier of community engagement: Not applicable Tier 1: Inform
Tier 2: Consult/Involve Tier 3: Collaborate Annual support of our current systems is required for accurate and secure collection and reporting of student information. The development of the BTA IV levy projects included Student Services improvements like the Online Registration forms. 7.
EQUITY ANALYSIS
This action did not undergo a specific equity analysis. The selection of projects in the Building, Technology and Academics (BTA) levy program includes providing equitable access to schools and families across the city. Because the forms to be developed are accessed via the web, families may complete the online forms from their homes, any district locations, public libraries, etc. Additionally, the online forms will be ADA Accessible. Paper forms may still be made available as needed. 8.
STUDENT BENEFIT
Ongoing support of PowerSchool is necessary to ensure safe and accurate collection, storage tracking and reporting of student data in order for schools and departments to function in service to students. The new Online Registration forms service allows families to enter and update their information easily online for immediate reflection in PowerSchool for reference at the schools. Information on family contacts, medical conditions, and many other items can be updated immediately to provide for better safety and security of our students. 9.
WHY BOARD ACTION IS NECESSARY Amount of contract initial value or contract amendment exceeds $250,000 (Policy No. 6220) Amount of grant exceeds $250,000 in a single fiscal year (Policy No. 6114) Adopting, amending, or repealing a Board policy Formally accepting the completion of a public works project and closing out the contract Legal requirement for the School Board to take action on this matter Board Policy No. _____, [TITLE], provides the Board shall approve this item Other: _____________________________________________________________________
10.
POLICY IMPLICATION
Per Board Policy No. 6220, Procurement, any contract over $250,000 must be brought before the Board for approval.
11.
BOARD COMMITTEE RECOMMENDATION
This motion was discussed at the Operations Committee meeting on April 20, 2017. The Committee reviewed the motion and _____________.
12.
TIMELINE FOR IMPLEMENTATION
Upon approval of this motion, the annual maintenance and support invoice covering May 2017 to May 2018 will be paid along with the first year license and subscription for Online Registration forms effective May 2017 to May 2018. The vendor will immediately start work to implement a new online enrollment form for use with school year 2017-2018. 13.
ATTACHMENTS • • •
Annual PowerSchool Maintenance and Support Invoice No. INV115046 PowerSchool Online Registration Quote #: Q-09152-14 PowerSchool Sole Source Justification Form
Page 1 of 1
INVOICE
Invoice No.
INV115046
Tax ID No.
47-4674631
Date
03/17/2017
Customer No.
10004477
PO No.
Bill To
Ship To
Seattle School District 1 PO Box 34165 Seattle WA 98124-1165 United States
Seattle School District 1 32-518 2445th 3rd Avenue S Seattle WA 98124-1165 United States
Description
U/M
Qty
Tax
MS-PS-S-PSMSR: PS SIS M&S Recurring Contract Dates: 05/02/2017 - 05/01/2018
Students
49,500
PS-PS-S-PDLS: PS SIS PD+ Annual Fee Contract Dates: 05/02/2017 - 05/01/2018
Students
1
Terms
Due Date
Net 30
04/16/2017
Unit Price
Extended Price
Y
$4.90
$242,550.00
Y
$3,500.00
$3,500.00
This is your annual support/subscription/hosting renewal. A new purchase order is required. To avoid cancellation of your phone support, product updates or hosted products, please work with your Director of Technology or appropriate business person to approve a purchase order and payment for this annual recurring invoice. If this support is not used, please FAX a written cancellation to 916-288-1588 or
[email protected]. If we don’t receive your cancellation by the start of your new term, your support/ subscription/hosting will automatically renew. Licensee shall be subject to a monthly charge of 1.5% on all amounts not paid when due (18% annually) , or, if a lower maximum rate is established by law, then such lower maximum rate. Subtotal
$246,050.00
Remit by Check (US Mail Only): PowerSchool Group LLC PO Box 398408 San Francisco, CA 94139-8408
Remit by Check (Courier): Wells Fargo Lockbox Services Dept #38408 3440 Walnut Ave, Bldg A, Window H Fremont, CA 94538
Tax Total
Total (USD)
$23,284.80
Remit by Wire or ACH to: Wells Fargo Bank, NA Account Name: PowerSchool Group LLC ABA Routing No: 121000248 Account No: 4633847017 SWIFT: WFBIUS6S (Include invoice number in transmission)
$269,334.80
Customer Service:
[email protected] 888-265-7641 (Toll-Free) 916-288-1588 (Fax)
PowerSchool Group LLC 150 Parkshore Dr, Folsom, CA 95630 Quote #: Q-09152-14 Quote Expiration Date: 5/31/2017 Prepared By: Heidi Meissel
Customer Contact: Nancy Petersen
Customer Name: Seattle School District 1
Title: Director of Enterprise Applications
& Data Services Enrollment: 49,500
Address: PO Box 34165
# of Schools: 91.00
City: Seattle
Contract Term: 12 Months
State/Province: Washington
Start Date: 5/22/2017
Zip Code: 98124-1165
End Date: 5/21/2018 Product Description
Phone #: (206) 252-0480 Quantity
Unit
Unit Price
Extended Price
License and Subscription Fees PowerSchool Registration Signature Annual Fee
49,500.00
Students
USD 1.76
USD 86,872.50
Registration Add-On - Additional Language Annual Fee
3.00
Each
USD 1,000.00
USD 3,000.00
License and Subscription Totals: USD 89,872.50 Professional Services and Setup Fees PowerSchool Registration Signature Set-Up Fee
49,500.00
Students
USD 0.62
USD 30,888.00
Professional Services and Setup USD 30,888.00 Fee Totals:
Quote Total
Total Discount:
USD 9,652.50
Year One Total:
USD 120,760.50
Estimated Ongoing Fees PowerSchool Registration Signature Annual Fee
49,500.00
Students
USD 1.76
USD 86,872.50
Registration Add-On - Additional Language Annual Fee
3.00
Each
USD 1,000.00
USD 3,000.00
Estimated Annual Ongoing Fees USD 89,872.50 Total:
On-Going PowerSchool Subscription/Maintenance & Support Fees are invoiced at then current rates & enrollment per terms of the Licensed Product and Services Agreement, which may be subject to an annual increase after the first year for non-multi-year contracts and/or enrollment increases.
Page 1 of 2
Any applicable state sales tax has not been added to this quote. Subscription Start and expiration Dates shall be as set forth above, which may be delayed based upon the date that PowerSchool receives your purchase order. In the event that this quote includes promotional pricing, said promotional pricing may not be valid for the entire period, as stated herein, that governs this quotes validity. All invoices shall be paid within thirty (30) days of the date of invoice. All purchase orders must contain the exact quote number stated within.
Page 2 of 2
IMPORTANT: DO NOT ALLOW LICENSED PRODUCT (AS DEFINED BELOW) TO BE INSTALLED OR USED WITHOUT READING THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO ACCEPT THESE TERMS AND CONDITIONS, YOU MUST RETURN THE LICENSED PRODUCT TO POWERSCHOOL WITHIN TEN (10) DAYS OF RECEIPT. BY INSTALLING AND USING THE LICENSED PRODUCT AS PERMITTED BY THIS LICENSE OR ORDERING SERVICES (AS DEFINED BELOW) , YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. LICENSED PRODUCT AND SERVICES AGREEMENT Last updated as of August 2, 2016 DEFINITIONS. PowerSchool Group LLC, the licensor of Licensed Product pursuant to this Agreement, is referred to herein as “PowerSchool” The school, school district or other entity licensing Licensed Product is referred to herein as “Licensee.” This Licensed Product and Services Agreement is referred to herein as the “Agreement.” In addition, the following definitions shall apply: 1.
Documentation means all written user information, whether in electronic, printed or other format, delivered or made available to Licensee by PowerSchool with respect to Licensed Product, now or in the future, including instructions, manuals, training materials, and other publications that contain, describe, explain or otherwise relate to Licensed Product. 1.1
Embedded Applications means software developed by third parties that may be embedded in or bundled with the software developed by PowerSchool as part of Licensed Product. 1.3 Hosting Services means the hosting of the Licensee’s license to the Licensed Product and Third Party Software by PowerSchool or its hosting providers from a server farm that is comprised of application, data and remote access servers used to store and run the Licensed Product and Third Party Software, including associated offline components. 1.4 Licensed Product(s) means all software (including Embedded Applications) and subsequent versions provided under Support Services and all related Documentation licensed to Licensee pursuant to this Agreement, now or in the future; provided, however, that Licensed Product shall not include any Third Party Software. 1.5 Licensed Sites means Licensee’s schools, administrative offices, and other locations at which Licensee conducts its school administrative functions. 1.2
Professional Services means data conversion, implementation, site planning, configuration, integration and deployment of the Licensed Products or Hosting Services, application development, training, project management and other consulting services. 1.6
Support Services is defined in section 3.1. of the Support and Services Policies attached hereto. 1.7
Services means Support Services, Hosting Services and Professional Services collectively. 1.9 State Reporting Code (or SRC) means Licensed Product that may be available to Licensee to assist Licensee in meeting specific state reporting requirements and that is designated as State Reporting Code by PowerSchool. 1.10 Third Party Software means any software product designated as Third Party Software by PowerSchool, and any related documentation supplied to Licensee. Any product designated as Third Party Software is licensed by an entity other than PowerSchool, under different license terms than those set forth herein. Third Party Software is different from Embedded Applications in that PowerSchool licenses the Embedded Applications to Licensee as part of Licensed Product (but in some cases, such Embedded Applications may be subject to additional license terms as identified herein). PowerSchool is not the licensor of Third Party Software. 1.8
LICENSE GRANT Basic Terms. Subject to the terms and conditions of this Agreement and the Privacy Policy located at http://www.powerschool.com/ customer-contract-privacy-policy, PowerSchool grants to Licensee a restricted, personal, non-exclusive, non-transferable license to use the 2.
2.1
Page 1 of 6
Licensed Product specified in the PowerSchool’s quotation or acceptance of License purchase order solely to support its school administrative functions, only at the Licensed Sites, not to exceed the maximum student enrollment as set forth in Section 1 of the Supplemental Terms and Conditions. Such license shall be perpetual, unless it is specified in PowerSchool’s price quotation or proposal to Licensee that Licensee’s license will be limited to a specified length of time, or unless this license is terminated under the provisions of this Agreement. In no event may Licensed Product be: (a) used other than at the Licensed Sites; (b) made available via a network or otherwise to any school, school district or third party other than the Licensed Sites; or (c) used to perform service bureau functions for third parties or to process or manage data for locations other than the Licensed Sites. Licensed Product will be provided by PowerSchool and may be used by Licensee in executable code form only; source code to Licensed Product will not be provided. Licensed Product shall only be used as expressly authorized by this Agreement. Copies. Licensee shall not make copies of, otherwise reproduce, or allow any unauthorized and/or third-party access to any Licensed Product, except that: (a) Licensee may make copies of the software component of any Licensed Product, in executable code form, only for backup or archival purposes; and (b) Licensee may make unlimited printed copies for Licensee’s internal use of any Documentation delivered by PowerSchool to Licensee. Licensee shall retain and include all of PowerSchool’s or any third parties’ copyright and other proprietary rights notices on all copies of Licensed Product. Licensee shall not otherwise reproduce Licensed Product. 2.3 Supplemental Terms and Conditions. The product-specific terms and conditions set forth in the Supplemental Terms and Conditions attached hereto are incorporated herein by reference. These additional terms and conditions are applicable to the extent that Licensee licenses any of the specific products or modules listed therein. 2.2
PROPRIETARY RIGHTS Restrictions on Use of the Licensed Product and Services. Licensee shall use the Licensed Products and Services only for the internal business purposes of Licensee. Licensee shall not itself, or through any affiliate, employee, consultant, contractor, agent or other third party: (i) sell, resell, distribute, host, lease, rent, license or sublicense, in whole or in part, the Licensed Products or Services; (ii) decipher, decompile, disassemble, reverse assemble, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architecture, structure or other elements of the Licensed Products or Services, in whole or in part, for competitive purposes or otherwise; (iii) write or develop any derivative works based upon the Licensed Product or Services; (iv) modify, adapt, translate or otherwise make any changes to the Licensed Products or Services or any part thereof; (vi) use the Licensed Products or Services to provide processing services to third parties, or otherwise use the same on a ‘service bureau’ basis; (vii) disclose or publish, without PowerSchool prior written consent, performance or capacity statistics or the results of any benchmark test performed on the Licensed Products or Services; or (viii) otherwise use or copy the same except as expressly permitted herein. Licensee shall not transfer, assign, provide or otherwise make Licensed Products, Services or this Agreement available to any other party without the prior written consent of PowerSchool. Any attempted sublicense, assignment or transfer of any rights, duties or obligations by Licensee in violation of this Agreement shall be void. Licensee shall hold PowerSchool harmless from claims for damages resulting from Licensee’s misuse of the 3.
3.1
080216
Licensed Products and Services, including PowerSchool’s intellectual property. Intellectual Property Rights. Licensed Product is proprietary to PowerSchool and/or third parties and is protected by copyright, trade secret, and other intellectual property rights. The placement of a copyright notice on any portion of Licensed Product does not mean that such portion has been published and will not derogate any claim of trade secret protection for the same. Title to all complete or partial copies, and all applicable rights to copyrights, patents, trademarks and trade secrets in Licensed Product, are and shall remain the property of PowerSchool or their other owners, as applicable. 3.3 Confidentiality. Licensee agrees to keep Licensed Product confidential and to prevent unauthorized disclosure or use of Licensed Product in Licensee’s possession. Licensee shall notify PowerSchool immediately in writing of any unauthorized use or distribution of Licensed Product of which Licensee becomes aware and shall take all steps necessary to ensure that such unauthorized use or distribution is terminated. For any Licensed Product for which PowerSchool makes available passwords or other user identification technology to access such Licensed Product, Licensee shall advise all users of such passwords or other user identifications that such passwords or user identifications must be maintained in confidence and not transmitted or shared. 4. SUPPORT AND OTHER SERVICES. Any Support and/or Professional Services and/or Hosting Services ordered from PowerSchool by Licensee in connection with the license of Licensed Product shall be provided by PowerSchool pursuant to PowerSchool’s terms, conditions and policies applicable at the time of order to the particular Services purchased. PowerSchool’s current terms, conditions and policies for delivery of Support and Services, which are subject to change from time to time, are attached hereto as the Support and Services Policies. Licensee’s license of Licensed Product does not, by itself, entitle Licensee to any support, upgrades, patches, fixes or the like for Licensed Product; Licensee must maintain a current Support subscription and pay any applicable Support fees to be eligible for Support Services. Support Services must be purchased for all licenses in Licensee’s possession. Support may not be purchased or renewed for a subset of such licenses only. Support Services may not be used as a substitute for Professional Services. 3.2
FEES AND TAXES. Licensee agrees to pay PowerSchool, in accordance with PowerSchool’s invoice terms, the fees charged for the Licensed Products and related Services and/or other items ordered by Licensee, together with any other charges made in accordance with this Agreement, and all applicable sales, use or other taxes or duties, however designated, except for taxes based on PowerSchool’s net income. Licensee agrees to also pay for PowerSchool’s reasonable travel and lodging expenses for Services performed at Licensee’s premises, at actual cost. If Licensee claims tax exempt status, Licensee agrees to provide evidence of such tax exemption upon PowerSchool’s request. To the extent that such tax exemption cannot be properly claimed or does not extend to certain taxes or transactions, Licensee shall be responsible for any and all taxes and assessments that arise from this Agreement and related transactions (except for taxes based upon PowerSchool’s net income). Licensee shall pay a monthly charge of 1.5% (18% annually) on all amounts not paid when due, or, if a lower maximum rate is established by law, then such lower maximum rate. All pricing set forth in any PowerSchool quotation or invoice is in United States dollars unless otherwise specified. 6. THIRD PARTY SOFTWARE LICENSE TERMS; EMBEDDED APPLICATIONS; OPEN SOURCE SOFTWARE. Any software designated by PowerSchool as Third Party Software is provided to Licensee pursuant to a separate license agreement between Licensee and the third party supplier, which will be provided to Licensee by the third party supplier. All support, warranties, and services related to Third Party Software are provided by the supplier of the Third Party Software under such third party’s terms and conditions, and not by PowerSchool, unless otherwise specifically provided under this Agreement. Only Sections 5, 6, 9 and 12 of this Agreement apply to Third Party Software and any related support and services set forth in this Agreement. In addition, Licensed Product may contain Embedded Applications. If any additional license terms are identified in the Supplemental Terms and Conditions with respect to any Embedded Applications, Licensee shall 5.
Page 2 of 6
comply with such conditions with respect to such applications. Certain Embedded Applications may also be subject to “open source” licensing terms. In some cases, the open source licensing terms may conflict with portions of this Agreement, and to the extent of any such conflict, the open source licensing terms shall govern, but only as to the software components subject to those terms. Notwithstanding the foregoing, Licensee acknowledges that if any open source software component is licensed under terms that permit Licensee to modify such component, and if Licensee does so modify such component, then PowerSchool will not be responsible for any incompatibility with such modifications and the remainder of the Licensed Product. 7. COMPATIBLE PLATFORMS/HARDWARE. Licensee is responsible for obtaining and maintaining an appropriate operating environment with the necessary hardware, operating system software and other items required to use and access Licensed Product. PowerSchool will not be responsible for any incompatibility between Licensed Product and any versions of operating systems, hardware, browsers or other products not specifically approved by PowerSchool for Licensee’s use with Licensed Product. PowerSchool will make written requirements available to Licensee at Licensee’s request. 8. LIMITED MEDIA WARRANTY. PowerSchool warrants that the media on which Licensed Product is recorded shall be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase. Licensee’s exclusive remedy under this Section shall be replacement of the defective media. DISCLAIMER OF OTHER WARRANTIES. LICENSED PRODUCT A N D S E R V I C E S A R E PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND (EXCEPT AS PROVIDED IN SECTION 8), AND POWERSCHOOL AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, POTENTIAL IMPLEMENTATION DELAYS, AND NON-INFRINGEMENT. POWERSCHOOL DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE LICENSED PRODUCT WILL MEET LICENSEE’S REQUIREMENTS, OR THAT THE OPERATION OF THE LICENSED PRODUCT OR HOSTING SERVICES WILL BE UNINTERRUPTED OR ERRORFREE, OR THAT DEFECTS IN THE LICENSED PRODUCT WILL BE CORRECTED. FURTHERMORE, POWERSCHOOL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LICENSED PRODUCT OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. LICENSEE AGREES THAT THE USE OF LICENSED PRODUCT A N D S E R V I C E S IS AT LICENSEE’S OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY POWERSCHOOL OR A POWERSCHOOL REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO LICENSEE. 9.
STATE REPORTING CODE. Unless PowerSchool specifically offers SRC for Licensee’s state, PowerSchool makes no representation that Licensed Product includes any SRC designed to meet the reporting requirements of Licensee’s state. If PowerSchool does offer SRC for Licensee’s state, Licensee acknowledges that the SRC is intended as a tool to assist Licensee in complying with state regulatory requirements; however, PowerSchool does not warrant that the SRC conforms to, or that use of the SRC will ensure Licensee’s compliance with, all state regulatory requirements that may apply or that the SRC will be maintained to conform to such requirements now or in the future. It is Licensee’s, and not PowerSchool’s, responsibility to understand and comply with all such requirements. 11. TERMINATION 10.
Termination for Breach. PowerSchool shall have the right to suspend performance under this Agreement in the event that Licensee is in breach of any of its obligations under this Agreement. In addition, either party shall have the right to terminate this Agreement in whole or in part upon thirty (30) days written notice to the other party, in the event 11.1
080216
the other party materially breaches this Agreement and fails to correct such breach within such thirty (30) day period; provided that PowerSchool shall have the right to terminate this Agreement immediately upon written notice in the event that Licensee breaches any of its obligations under Section 3. Licensee further acknowledges that, as breach of the provisions of Section 3 could result in irreparable injury to PowerSchool, PowerSchool shall have the right to seek equitable relief against any actual or threatened breach thereof, without proving actual damages. 11.2 Effects of Termination. In the event of any termination of all or any portion of this Agreement, Licensee shall not be relieved of any obligation to pay any sums of money that have accrued prior to the date of termination. In addition, the provisions of Sections 3, 5, 6, 9, 11, 12 and 13 shall survive termination of this Agreement. Immediately upon any termination of a license for any Licensed Product under this Agreement, Licensee shall, at its own expense, either return to PowerSchool or destroy all copies of such Licensed Product and associated Third Party Software in its possession or control, and shall forward written certification to PowerSchool that all such copies of such Licensed Product and Third Party Software have either been destroyed or returned to PowerSchool. 11.3 Liquidated Damages. In the event that Licensee enters into a multi-year contract with PowerSchool and Licensee terminates the contract or any portion thereof, Licensee agrees to pay PowerSchool the remaining sum due to PowerSchool through the stated term of the contract as liquidated damages, as actual damages being impossible to calculate. This clause shall not apply in the event Licensee terminates this Agreement as a result of PowerSchool’s breach in accordance with Subsection11.1 herein. Notwithstanding the foregoing, Licensee shall not be liable for said liquidated damages in the event that: (i) Licensee provides PowerSchool at least thirty (30) days’ advance notice of termination prior to the effective date anniversary; and (ii) said termination is a result of the non-appropriation of funds for Licensee’s contract. Licensee shall not utilize this clause as a right to terminate the contract for convenience. PowerSchool reserves the right to seek documentation evidencing the non-appropriation of funds. LIMITATION OF LIABILITY. POWERSCHOOL SHALL NOT BE LIABLE TO LICENSEE FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; OR LOST PROFITS, LOST FUNDING, LOST SAVINGS, OR LOST OR DAMAGED DATA; OR FOR CLAIMS OF A THIRD PARTY; ARISING OUT OF THIS AGREEMENT, LICENSED PRODUCT, THIRD PARTY SOFTWARE, SUPPORT, SERVICES, OR OTHER ITEMS PROVIDED, OR THE USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF POWERSCHOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. IN ANY EVENT, IN RESPECT OF ANY CLAIM, DEMAND OR ACTION ARISING OUT OF THIS AGREEMENT, LICENSEE SHALL BE LIMITED TO RECEIVING ACTUAL AND DIRECT DAMAGES IN A MAXIMUM AGGREGATE AMOUNT EQUAL TO THE CHARGES PAID BY LICENSEE TO POWERSCHOOL HEREUNDER FOR THE APPLICABLE LICENSED PRODUCT, ITEM OR SERVICE ON WHICH THE CLAIM IS BASED IN THE PREVIOUS TWELVE (12) MONTHS. IN ADDITION, IN NO EVENT WILL THE LIABILITY OF POWERSCHOOL RELATING TO SUPPORT SERVICES OR HOSTING SERVICES EXCEED THE TOTAL AMOUNT OF MONEY PAID BY LICENSEE TO POWERSCHOOL DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD WITH RESPECT TO THE PARTICULAR SUPPORT SERVICES OR HOSTING SERVICES ON WHICH THE CLAIM IS BASED. 12.
GENERAL Governing Law. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. This Agreement shall not be subject to the Uniform Computer Information Transactions Act. 13.2 Compliance Verification. During the term of the Agreement and for a period of one year following its termination, PowerSchool shall have the right to verify Licensee’s full compliance with the terms and requirements of the Agreement. Licensee shall (A) provide any assistance 13.
13.1
Page 3 of 6
reasonably requested by PowerSchool or its designee in conducting any such audit, including installing and operating audit software, (B) make requested personnel, records, and information available to PowerSchool or its designee, and (C) in all cases, provide such assistance, personnel, records, systems access and information in an expeditious manner to facilitate the timely completion of such compliance verification. If such verification process reveals any noncompliance, Licensee shall reimburse PowerSchool for the reasonable costs and expenses of such verification process incurred by PowerSchool (including but not limited to reasonable attorneys’ fees), and Licensee shall promptly cure any such noncompliance; provided, however, that the obligations under this section do not constitute a waiver of PowerSchool’s termination rights and do not affect PowerSchool’s right to payment for Services and interest fees related to usage in excess of the quantities purchased. 13.3 General Provisions. Neither party shall be held liable to the other party for failure of performance where such failure is caused by supervening conditions beyond that party’s control, including acts of God, civil disturbance, strikes or labor disputes. If any provision of this Agreement is invalid or unenforceable under any applicable statute or rule of law, this Agreement shall be enforced to the maximum extent possible to effectuate the original express intent of the parties. Licensee may bring no action arising out of this Agreement, regardless of form, more than one (1) year after the cause of action has arisen. In the case of notices to PowerSchool, such notices shall be sent to: PowerSchool Group LLC, Attn General Counsel, 150 Parkshore Drive, Folsom, CA 95630. In the case of notices to Licensee, such notices shall be sent to PowerSchool’s address of record for Licensee. Either party may change its notice address by notifying the other in like manner. Licensee agrees that the terms of this Agreement, including all pricing for PowerSchool’s products and services, shall be kept confidential and not disclosed to any third party without the prior written consent of PowerSchool. 13.4 Facilities. Licensee acknowledges that certain Services are intended to be performed by PowerSchool off-site (e.g., through remote communication capabilities). If any portion of the work will be performed on Licensee's premises, Licensee agrees to provide appropriate access to utilities, work space and other on-site accommodations reasonably necessary to enable PowerSchool to perform such work. 13.5 Confidentiality. PowerSchool agrees to use commercially reasonable efforts to maintain the confidentiality of Licensee confidential information that is disclosed to PowerSchool in connection with the performance of services, and to use such Licensee confidential information solely for purposes of performing services hereunder. PowerSchool shall require its employees, agents and subcontractors performing work hereunder to do likewise. For purposes of this Section, "Licensee confidential information" shall mean any student or personnel data belonging to Licensee, or any other Licensee information or data labeled or identified as confidential at the time of disclosure, provided, however, that this definition and the obligations of this Section shall not extend to any information that: (a) is or becomes publicly known through no fault or negligence of PowerSchool; (b) is or becomes lawfully available from a third party without restriction; (c) is independently developed by PowerSchool; or (d) is disclosed without restriction by Licensee to any third party at any time. 13.6 Limited License. Licensee grants to PowerSchool a nonexclusive, royalty free license, to use equipment, software, Licensee data or other material of Licensee solely for the purpose of performing its obligations under the Agreement. However, PowerSchool may use and distribute the Licensee data for any lawful purpose outside the scope of the Agreement, provided always that such Data must be aggregated and/or de-identified. Export. Without in any way limiting the restrictions on transfer set forth elsewhere in this Agreement, Licensee specifically agrees that Licensee will not, directly or indirectly, export or transfer any exportcontrolled commodity, technical data or software: (a) in violation of any laws, regulations, rules or other limitations imposed by any government authority; or (b) to any country for which an export license or other governmental approval is required at the time of export, without first obtaining all necessary licenses or other approvals. 13.8 U.S. Government Restricted Rights. Licensed Product is a "commercial item" as that term is defined in 48 C.F.R. §2.101, 13.7
080216
consisting of "commercial computer software" and "commercial computer software documentation" as such terms are defined in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable, and all as amended from time to time. Consistent with 48 C.F.R. §12.212, 48 C.F.R. §227.7202 and 48 C.F.R. §52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, and all as amended from time to time, all U.S. Government end users acquire Licensed Product only with those rights set forth herein. Entire Agreement. This Agreement, inclusive of the Supplemental Terms and Conditions and the Support and Services Policies incorporated herein, or any addendums, amendments, and/or exhibits mutually executed and attached hereto, constitutes the complete 13.9
and entire agreement between the parties with respect to its subject matter, and supersedes all prior discussions, understandings, arrangements, proposals and negotiations with respect to same. The terms and conditions of this Agreement shall prevail notwithstanding any variance with the terms and conditions of any purchase order or other documentation submitted by Licensee with respect to Licensed Product or any related support or services, and PowerSchool hereby refuses any such different or additional provisions in purchase orders or other documents. By mutual agreement of the parties, this Agreement is effective upon receipt and supersedes all prior Agreements entered into by the parties, the parties’ agents, and/or the parties’ previous affiliates. This Agreement shall not be modified or amended without the written agreement of both parties.
SUPPLEMENTAL TERMS AND CONDITIONS 1. PRICING; ENROLLMENT INCREASES. License pricing for 2.2 GPL Software. Certain Embedded Applications included with the Licensed Product is based on student enrollment at the Licensed Sites. Licensed Product may be free software licensed under the terms of If an increase in student enrollment in excess of five percent (5%) the GNU General Public License (GPL). Licensee may obtain a occurs at the Licensed Sites, then Licensee shall pay additional license complete machine-readable copy of the source code for such free fees to PowerSchool in accordance with PowerSchool’s invoice. Such software under the terms of the GPL, without charge except for the additional license fees shall be computed by multiplying the then- cost of media, shipping, and handling, upon written request to current per student license fee for Licensed Product by Licensee’s PowerSchool. The GPL software is distributed in the hope that it will additional enrollment. Licensee’s subsequent Support invoices will be be useful, but WITHOUT ANY WARRANTY, including even the implied based on the increased enrollment as well. warranties of MERCHANTABILITY or FITNESS FOR A PARTICULAR 2. TERMS RELATING TO EMBEDDED APPLICATIONS PURPOSE. A complete copy of the GPL is included within the Licensed 2.1 Oracle. The following terms are applicable to a certain Product. Embedded Application known as Oracle Database Enterprise Edition 3. HARDWARE. If, in conjunction with Licensee’s licensure of (the “Oracle Software”): Licensed Product, Licensee is purchasing any hardware through (a) The Oracle Software may only be used in conjunction with the PowerSchool, Licensee acknowledges that such hardware purchase Licensed Product and solely for Licensee’s internal business purposes. is being facilitated by PowerSchool as an accommodation to Licensee (b) Oracle USA, Inc. (“Oracle”) shall have no liability whatsoever to only. The warranties on any hardware not manufactured by Licensee for any damages, whether direct, indirect, incidental, or PowerSchool will be limited to those provided by the manufacturers of consequential arising from Licensees use of Licensed Product or the such hardware and/or the vendors through which such hardware is being supplied. PowerSchool will pass through any manufacturer’s or Oracle Software. (c) Licensee is prohibited from publishing the results of any other vendor’s warranty to the extent permitted by the manufacturer or other vendor, as applicable. Licensee agrees to look solely to the benchmark tests run on the Oracle Software. (d) Licensee shall be prohibited from timesharing, rental, facility applicable manufacturer or other vendor, and not to PowerSchool, to fulfill any such warranties and any maintenance, repair, support, or management, or service bureau use of the Oracle Software. (e) Licensee’s records may be audited, by PowerSchool or Oracle, other service obligations related to such hardware. Unless otherwise during normal business hours to verify compliance with the terms of this specifically agreed to in writing by PowerSchool, PowerSchool does not provide support for any of the hardware or third party software Agreement. being purchased by Licensee through PowerSchool. Any requests for (f) Oracle shall be a third party beneficiary of this Agreement. (g) Oracle shall have no performance obligation or liability to such support should be directed to the applicable hardware or software manufacturer. Licensee further agrees that any claims related to any Licensee in connection with this Agreement. (h) Should the Oracle Software contain any source code provided such hardware, whether for breach of warranty or otherwise, must by Oracle, such source code shall be governed by the terms of this be made directly against the applicable manufacturer or other vendor, and not against PowerSchool, and that PowerSchool shall have no Agreement. liability whatsoever in connection with such claims. SUPPORT AND SERVICES POLICIES I.
SUPPORT SERVICES
Definitions. Capitalized terms not defined herein shall have the meanings assigned to them in the applicable Licensed Product Agreement (“Agreement”) between Licensee and PowerSchool to which these Support and Services Policies (“Policies”) are attached. In addition, for purposes of these Policies, the following definitions shall apply: Errors shall mean a reproducible failure of Licensed Product to operate in accordance with its standard Documentation, despite the proper installation and use of Licensed Product in a proper operating environment and on hardware and system software sufficient to meet PowerSchool’s then-current minimum requirements, which are subject to change as New Versions are released. User mistakes are not Errors within the meaning of these Policies. Errors may be due to problems in Licensed Product, the Documentation, or both. 1.
Fix shall mean a patch, service pack or corrective update of Licensed Product that PowerSchool may prepare in its discretion on an interim basis, prior to issuance of a New Version, to correct programming Errors that prevent or obstruct normal operation of Licensed Product in accordance with the applicable then-current Documentation. Page 4 of 6
New Products shall mean new products, programs or modules developed by PowerSchool that provide features, functions or applications not included in the Licensed Product originally licensed by Licensee and for which additional license fees apply as determined by PowerSchool. A New Product may be usable with or in addition to the Licensed Product originally licensed by Licensee. New Products will be licensed to Licensee under the terms of PowerSchool’s then-current license agreement only after payment of applicable fees. New Version shall mean an updated version of Licensed Product issued by PowerSchool, which may include Fixes, together with such other modifications, updates, enhancements and improvements to Licensed Product that PowerSchool may, in its discretion, develop and deem ready for distribution and that PowerSchool standardly provides to all customers with a current support subscription to such Licensed Product. Support Services shall mean those support services described in Section 3.1 below that will be provided hereunder with respect to Licensed Product during Licensee’s Support Term. Support Term shall mean the length of time Support Services are to be provided hereunder and for which Licensee has paid any applicable 080216
Support Services fees, including any renewal Support Terms.
initial Support Term and any
Telephone and E-mail Support shall mean telephone and e-mail support services, available Monday through Friday, during PowerSchool’s normal business hours, exclusive of PowerSchool’s holidays, regarding Licensee’s use of Licensed Product and any problems that Licensee experiences in using Licensed Product. 2. Support Term; Fees. Support Services for Licensed Product are available at an additional cost. For Support Services purchased concurrently with Licensee’s license to Licensed Product, Licensee's initial Support Term will begin upon shipment of Licensed Product (or, in the case of Licensed Product made available for download electronically, upon PowerSchool’s provision of the necessary licensing information to enable Licensee to download Licensed Product) and terminate one (1) year thereafter, unless a different Support Term is specified in PowerSchool’s written acknowledgment of Licensee’s order, or unless terminated earlier in accordance with the terms of these Policies or the Agreement. Either party may terminate the provision of Support Services as of the end of the thencurrent Support Term by providing written notice to the other party prior to the end of the then-current Support Term that such party does not wish to renew the Support Term. Licensee shall provide written notice of non-renewal at least thirty (30) days prior to the applicable Support Term. If no notice of non-renewal is given by either party, the Support Term will automatically renew for the applicable renewal term stated on PowerSchool’s renewal invoice at the then current Support fees; otherwise, Licensee’s Support Term will terminate at the end of Licensee’s current paid-up Support Term. If Licensee’s Support Term is so terminated due to non-payment, and then PowerSchool subsequently reinstates Licensee’s access to support, such reinstated access shall remain subject to the terms of these Policies and payment of applicable reinstatement fees. PowerSchool reserves the right to charge reinstatement fees in the event deactivated licenses are reactivated. For the initial Support Term, Licensee shall pay the charges specified in PowerSchool’s initial invoice. For renewal Support Terms, Licensee shall pay PowerSchool’s then-current annual Support Services fees. PowerSchool may supply new or modified Support and Services Policies or other terms and conditions to Licensee related to the provision of Support Services in a renewal term, in which event such new or modified Support and Services Policies or other terms and conditions will govern PowerSchool’s provision of Support Services in such renewal term. 3. Support Services Scope. PowerSchool, or an entity under contract with and authorized by PowerSchool to provide Support Services, will provide Support Services for Licensed Product during the Support Term. The scope of Support Services shall be as follows: Support. Support Services shall include: (a) Telephone and E-mail Support; (b) access to an online support website, as maintained by PowerSchool for customers maintaining a current support subscription; (c) Fixes, as developed and made generally available by PowerSchool in its discretion to address Errors that Licensee is experiencing in using Licensed Product; and (d) New Versions, as developed and made generally available by PowerSchool. Support Services do not include New Products. PowerSchool determines, in its sole discretion, what constitutes a New Product (for which additional license fees apply), and what improvements and enhancements to existing Licensed Product functionality are to be included in a New Version (and are therefore provided at no charge to customers with a current support subscription). 3.1
Custom Programs. For any custom programs developed for Licensee by PowerSchool, Support Services are available only on a time and materials basis at PowerSchool’s current rates and charges for these services; support for custom programs is not included in Support Services. In addition, to the extent that Licensed Product includes any functionality that allows Licensee to customize screens or reports, PowerSchool will support the application infrastructure utilized to create such customizations but will not be responsible for supporting any such customizations. 3.2
Page 5 of 6
Requisite Training. In order to receive Support Services described herein, Licensee must purchase appropriate training regarding the use and operation of Licensed Product. Telephone and E-mail Support may be limited to a specified number of authorized representatives of Licensee who have been appropriately trained. 3.4 Enhancements to SRC. PowerSchool may provide certain enhancements to SRC to customers that are current in their payment of annual Support fees for the SRC to PowerSchool. However, PowerSchool reserves the right, in its discretion: (a) to require that additional fees be paid by customers desiring that SRC be updated in connection with new reporting requirements in their state, in the event that such state’s education department or equivalent entity makes changes to the state’s reporting requirements that were not anticipated at the time PowerSchool determined its applicable Support fees for the SRC in that state; or (b) not to make further changes or enhancements to SRC in a given state based on lack of market demand, the nature and scope of the changes required, or other factors. 3.3
Authorized Representatives. If Licensee has purchased Support Services for the Licensed Product from PowerSchool, then in order to receive such Support Services, Licensee shall identify to PowerSchool up to two (2) people who will contact PowerSchool with any technical and product questions (“Authorized Representatives”). If it is desired that additional Authorized Representatives be permitted to contact PowerSchool for Support, Licensee must pay additional Support fees for such additional Authorized Representatives. All such Authorized Representatives shall complete, at a minimum, PowerSchool’s Initial Product Training for the Licensed Product. Licensee shall provide PowerSchool with a written list of its Authorized Representatives as part of the implementation process for the Licensed Product, and shall keep PowerSchool informed of replacements for Authorized Representatives as soon as possible after the replacements occur. 5. Licensee’s Other Responsibilities. To receive Support Services, Licensee shall: (a) report Errors or suspected Errors for which Support Services are needed, and supply PowerSchool with sufficient information and data to reproduce the Error; (b) procure, install, operate and maintain hardware, operating systems and other software that are compatible with the most current supported version of Licensed Product; (c) establish adequate operational back-up provisions in the event of malfunctions or Errors; (d) maintain an operating environment free of any modifications or other programming that might interfere with the functioning of Licensed Product; (e) maintain hardware and system software consistent with PowerSchool’s minimum requirements; and (f) timely install all Fixes and New Versions supplied by PowerSchool in the proper sequence, and have the most current version of Licensed Product installed. Licensee acknowledges that Fixes and New Versions may be made available electronically, and that, in some cases, PowerSchool may maintain e-mail distribution lists that are used to notify customers of the availability of Fixes and New Versions and to provide other information to customers that are maintaining a current support subscription. Licensee shall be responsible for including the appropriate Licensee personnel on any such e-mail distribution lists of PowerSchool so that Licensee receives such notifications and other information. 6. Support For Prior Versions. Licensee must timely install all Fixes and New Versions to receive Support Services. In some cases, it may not be practical for certain customers to install a New Version immediately upon release. Therefore, PowerSchool may, in its discretion, continue to provide Telephone and E-mail Support for the prior version of Licensed Product for a period of time after release of a New Version. Licensee acknowledges that Fixes and other code maintenance will not be available for prior versions of Licensed Product (including SRC) after the release of a New Version. II. PROFESSIONAL SERVICES 4.
Fees and Expenses. In addition to providing Support Services during the Support Term, PowerSchool will perform such other Professional Services (training, installation, consulting, project management, etc.) as may be specified in PowerSchool’s written 1.
080216
acknowledgment of Licensee’s order, or as may be subsequently agreed upon by the parties; provided that PowerSchool may, at its option, arrange for any such services to be performed by another entity on behalf of PowerSchool. Licensee agrees to pay for such services at the rates and charges specified in PowerSchool’s written acknowledgment of Licensee’s order, or, for work subsequently requested, at the rates agreed upon by Licensee and PowerSchool for such subsequent work. PowerSchool reserves the right to require a purchase order or equivalent documentation from Licensee prior to performing any such Services, or to require prepayment of certain Services. Unless otherwise specified, all rates quoted are for services to be performed during PowerSchool’s normal business hours; additional charges may apply for evenings, weekends or holidays. Licensee shall also pay PowerSchool for travel expenses (lodging, meals, transportation and other related expenses) incurred in the performance of services. All such additional charges will be due and payable concurrently with payment for services. PowerSchool reserves the right to impose a minimum labor charge for each on-site visit. The rates and charges specified in PowerSchool’s acknowledgment of Licensee’s order shall apply to those services originally ordered; however, PowerSchool reserves the right to change service rates or other terms as a condition of entering into any subsequent service engagement. In the event that Licensee pays in advance for any services, all services must be scheduled and delivered within twelve (12) months of such payment, unless otherwise agreed in writing by PowerSchool; any portion of any prepaid services amount that has not been used by Licensee toward services actually rendered within such twelve (12) month period shall be forfeited. Training. PowerSchool reserves the right to limit the number of persons permitted to attend any training class in accordance with PowerSchool’s training standards. 3. Services Cancellation. Licensee shall pay a cancellation charge equal to fifty percent (50%) of the services fee and any nonrefundable expenses incurred by PowerSchool if Licensee cancels any scheduled professional services less than fourteen (14) days before the occurrence of any service dates that PowerSchool has scheduled at Licensee’s request. 2.
Ownership Of Materials. PowerSchool shall be the owner of all copyrights, patent rights and other intellectual property rights in any software code, documentation, reports or other deliverables (collectively, “Deliverables”) created for or provided to Licensee pursuant to Professional Services. Provided that Licensee pays PowerSchool all fees and expenses associated with the development and provision of such Deliverables, Licensee shall have a paid-up, royalty-free license to use such Deliverables for Licensee’s internal use only, solely for the purpose for which such Deliverables were provided. Nothing in this Agreement shall prevent PowerSchool from providing any Deliverables to PowerSchool’s other customers or third parties. Notwithstanding the foregoing, PowerSchool acknowledges and agrees that any Licensee confidential information (as defined in Section 13.5 of these Policies) that is incorporated into any Deliverable remains subject to the provisions of such Section. III. HOSTING SERVICES 4.
Term; Fees. Hosting Services are available at an additional cost. For Hosting Services purchased concurrently with Licensee’s license to Licensed Product, Licensee's initial Hosting Term will begin upon PowerSchool’s written acknowledgment of Licensee’s order and terminate one (1) year thereafter, ( “ Hosting Term” ) unless a different Hosting Term is specified in PowerSchool’s written acknowledgment of Licensee’s order, or unless terminated earlier in accordance with the terms of these Policies or the Agreement. Either party may terminate the provision of Hosting Services with effect as of the end of the then-current Hosting Term by providing written notice to the other party prior to the end of the then-current Term that such party does not wish to renew the Hosting Term. PowerSchool will provide Licensee with at least sixty (60) days’ notice if PowerSchool determines that it will no longer offer Hosting Services to Licensee (but in any event will continue providing Hosting Services for the balance of the current term 1.
Page 6 of 6
for which Licensee has prepaid for such Services). If no notice of nonrenewal is given by either party, then PowerSchool will invoice Licensee for the applicable renewal fees for a subsequent Hosting Term. If Licensee’s Hosting Term is so terminated due to nonpayment, and then PowerSchool subsequently reinstates Licensee’s access to Hosting Services, such reinstated access shall remain subject to the terms of these Policies and payment of applicable reinstatement fees. For the initial Hosting Term, Licensee shall pay the charges specified in PowerSchool’s initial invoice. For renewal Terms, Licensee shall pay PowerSchool’s then-current annual Hosting Services fees. PowerSchool may supply new or modified Support and Services Policies or other terms and conditions to Licensee related to the provision of Hosting Services in a renewal term, in which event such new or modified Support and Services Policies or other terms and conditions will govern PowerSchool’s provision of Hosting Services in such renewal term. Should Licensee decide to terminate hosting services, Licensee will retain its license to Licensed Product, subject to the terms of this Agreement. 2. Availability. Licensee acknowledges and agrees that the Licensed Product may be inaccessible or inoperable from time to time due to planned maintenance or to causes that are beyond the control of PowerSchool or are not reasonably foreseeable by PowerSchool, including, but not limited to: the interruption or failure of telecommunication or digital transmission links; hostile network attacks; network congestion; or other failures (collectively “Downtime”). PowerSchool shall use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the Licensed Product caused by Downtime, whether scheduled or not. Acceptable Use Policy. Licensee acknowledges and agrees that PowerSchool does not monitor or police the content of communications or data of Licensee or its users transmitted through the Services, and that PowerSchool shall not be responsible for the content of any such communications or transmissions. Licensee shall use the Services exclusively for authorized and legal purposes, consistent with all applicable laws and regulations and PowerSchool’s policies. Licensee agrees not to post or upload any content or data which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) violates the rights of others, such as data which infringes on any intellectual property rights or violates any right of privacy or publicity; or (c) otherwise violates any applicable law. PowerSchool may remove any violating content posted or transmitted through the Hosting Services, without notice to Licensee. PowerSchool may suspend or terminate any user’s access to the Hosting Services upon notice in the event that PowerSchool reasonably determines that such user has violated the terms and conditions of this Agreement. 4. Security. Licensee will not: (a) breach or attempt to breach the security of the Hosting Services or any network, servers, data, computers or other hardware relating to or used in connection with the Hosting Services, or any third party that is hosting or interfacing with any part of the Hosting Services; or (b) use or distribute through the Hosting Services any software, files or other tools or devices designed to interfere with or compromise the privacy, security or use of the Hosting Services or the operations or assets of any other customer of PowerSchool or any third party. Licensee will comply with the user authentication requirements for use of the Hosting Services. Licensee is solely responsible for monitoring its authorized users’ access to and use of the Hosting Services. PowerSchool has no obligation to verify the identity of any person who gains access to the Hosting Services by means of an access ID. Any failure by any authorized user to comply with the Agreement shall be deemed to be a material breach by Licensee, and PowerSchool shall not be liable for any damages incurred by Licensee or any third party resulting from such breach. Licensee must immediately take all necessary steps, including providing notice to PowerSchool, to effect the termination of an access ID for any authorized user if there is any compromise in the security of that access ID or if unauthorized use is suspected or has occurred. 3.
Data. Licensee has sole responsibility for the legality, reliability, integrity, accuracy and quality of the data it processes through and submit to the Hosting Services. 5.
080216
Procurement Approvals Accounting Contracting Legal
Purchasing
Initials
Date
‘4 bIt 7
LjJ.7fi.7
‘—Iii ]1
‘/1711? ‘I
Seattle Public Schools Sole Source Justification Form Instructions •
This form must be completely filled out and must accompany a Personal Services Contract (PSC) over $25,000 whenever a sole source contract is requested. If purchasing goods and equipment, this form must be completed and accompany the Purchase Requisition (B2B/Market Place) whenever a sole source purchase is requested. For sole source purchases funded from federal grant money, this section must be completely filled out and must accompany any PSC that is over $3,500, if a sole source contract is requested. A sole source purchase is made when only one provider or supplier is available to meet the District’s needs. Approvals for sole source requests shall be made in accordance with the thresholds indicated in the Authority matrix.
•
The sole source purchase must meet the requirements of RCW 39.04.280, Competitive bidding requirements Exemptions: (a) Purchases that are clearly and legitimately limited to a single source of supply, or (b) Purchases involving special facilities or market conditions.
•
The District requires competition whenever practicable as part of good business practices. In cases where only one product or service is desired, competition should be used in obtaining the best price/service from dealers and distributors.
•
Completing this form does not guarantee that the proposed supplier will be selected. Additional information may be required. It is the requestor’s responsibility to provide all the required information and documentation indicated on this form.
—
THIS SOLE SOURCE REQUEST IS FOR THE USE OF A SPECIFIC (check appropriate box below): Personal or Purchased Service Vendor/Contractor Manufacturer, Brand and/or Model of goods, materials, software or equipment INITIATORS’S DEPARTMENT INFORMATION Department Contact Name Title
Contract amount: $
Department of Technology X0478 Phone Services
[email protected] E-mail William Drake Manager, Student Systems and Support 1. PowerSchool Annual Maintenance and Support ($242,550.00) 2. 3-year Online Registration Form Service ($303,210.65 total) 1St year: $120,760.50— License and Subscription plus Set-Up Fee (Estimated) 2nd year: $90,771.22 License and Subscription (Estimate for potential second year) 3rd year: $91,678.93 License and Subscription (Estimate for potential third year) 3. PowerSchool Annual Master Scheduling training Sole Source previously approved and attached for reference ($40,067.55 PO#7500015673) —
—
Procedure 6220SP.A Attachment 38 Sole Source Justification Form Page 1 of 4
Updated November 2016
PROPOSED VENDORISUPPLIER INFORMATION Company Name
PowerSchool LLC
Address
P0 Box 398408 150 Parkshore DR, Folsom, CA 95630
City, State, Zip Description of service:
Phone .
888.265.7641
Email
[email protected]
Web Address
www.powerschool.com
PowerSchool software, accompanying support and services including but not limited to hosting and implementation solutions.
PROPOSED MANUFACTURER INFORMATION (IF SUBMITTING REQUEST FOR A SPECIFIC MANUFACTURER, BRAND AND/OR MODEL) Manufacturer: PowerSchool
Description of goods, materials, software or equipment:
Brand/Model #:
The annual license encompasses maintenance, software use and technical support of the PowerSchool product. The Online Registration form service covers the development and implementation of electronic forms including the SPS Enrollment and SPS Student Verification forms. This service automatically integrates into PowerSchool.
PLEASE ANSWER THE FOLLOWING QUESTIONS. Attach additional sheets if needed. 1.
Is the vendor or good specifically identified within a grant or sponsored project? Yes No If YES, provide backup documentation from the funding source confirming this.
2.
For goods, is the product required to match or be compatible with current equipment? Yes ENo
E Not Applicable (request is for Services) If YES, describe. All services provided using the PowerSchool software, including enrollment solutions and hosting services are only available through PowerSchool.
3.
Have you used this vendor for these goods or services in the past? Yes ENo If YES, describe (years, duration) This is the fourth academic year using PowerSchool. The district has been renewing the support agreement with PowerSchool each year since the original license agreement was entered into in 2012.
4.
How long into the future do you anticipate utilizing this vendor or manufacturer for these goods or services under a 5 )le source designation? PowerSchool is the software developer of our Student Information System. We will continue to require services and support from
PowerSchool while using this product.
Procedure 6220SP.A Attachment 3B Sole Source Justification Form Page 2 of 4
Updated November 2016
5.
As stewards of public funds, competition is required whenever practicable to obtain the best price for goods or best value of services needed. a.
List the vendors that were contacted and indicate why their services or goods were not considered / appropriate. N/A
b.
6.
a.
How did the prices or fees compare to other vendors? Be specific. N/A
State the reason in detail why the product/service can only be provided by the recommended sole source vendor. Maintenance, support and services offered from PowerSchool are specific to the software that supports our Student Information System (SIS). Services provided by PowerSchool that support student service improvements including but not limited to online registration and verification are automatically integrated with PowerSchool. No other products integrate automatically.
b.
Include any documentation (ex. CV, product specifications, quote, proposal, website address, etc.) that supports your recommendation. Annual PowerSchool Maintenance and Support Invoice No. INV 115046 and PowerSchool Online Registration Quote #: Q-09152-9 attached.
7.
If we do not contract with the proposed vendor, how would you accomplish this work? Are other options available? Please see attached PowerSchool Sole Source Affirmation Letter.
Procedure 6220SP.A Attachment 38 Sole Source Justification Form Page 3 of 4
Updated November 2016
Sole Source Justification
Approvals required
-
This sole source form is to be attached to the Executive Approval Form (Superintendent Procedure 6220SP.A, Attachment 2) to obtain proper approval signatures as noted below. ; 0 DiD
Sole Source Approvals
Z
QCID
I).-
(I)
.4_•_
.4i
)
Cl)
.5
.c
:
C.)
C#D
Up to $25K
(ID
•
RA
$25K $75K
RA
RA
RA
RA
RA
RA,E
$75K $ lOOK
RA
RA
RA
RA
RA
RA
RA
E
$ lOOK $250K
RA
RA
RA
RA
RA
RA
RA
RA
E
RA
RA
RA
RA
RA
RA
RA
RA
E
Up to $75K
RA
RA
$75K $IOOK
RA
RA
RA
RA
RA
RA
RA
F
$ lOOK $250K
RA
RA
RA
RA
RA
RA
RA
RA
-
-
Over $250K Goods, Materials, Software, Equipment and Purchased Services
;C.)
.
RA
—
-
:i;:l
0 -.
.-
-_
0
.
:
—
-
-
RA,E
RA
RA,E
E
Over $250K RA RA RA RA RA RA RA RA E RA *Assistant Superintendent for Business and Finance has authority to execute sole source justifications up to $1 00K. The Superintendent and Assistant Superintendent for Business and Finance must approve any sole source justification over $1 00K.
Sole source documentation or documentation of competition must be included with Personal Services Contract if over $25 K, and must be included with sole source PSC if funded by federal grant money RA Review/Approval E Execute —
—
I have read and understand the District’s Board Policy 6220 for Procurement and the sole source procedures and certify that this contract meets the guidelines and requirements of sole source procurement.
Department Initiator
/
Signature
Date
D L’ (ce
Printed Name
1
/
I t/Zctf
—
/
Reviewed and Signature
/
Date
Manager or Director: Printed Name
Procedure 62205P.A Attachment 313 Sole Source Justification Form Page 4 of 4
/V
a1•:4
/
‘_tL
/
k
‘/
/
/J.
‘/
/
-
Updated November 2016
[1J
INVOICE
Page 1 of 1
PowerSchool
Invoice No.
1NV115046
Tax ID No.
47-4674631
Date
03/17/2017
Customer No.
10004477
P0 No.
Shi pTo
Bill To
Seattle School District 1 32-518 2445th 3rd Avenue S Seattle WA 98124-1165 United States
Seattle School District 1 P0 Box 34165 Seattle WA 96124-1165 United States
Due Date 04/16/2017
Unit Price
Extended Price
Y
$4.90
$242,550.00
Y
$3,500.00
$3,500.00
UIM
Qty
Tax
MS-PS-S-PSMSR: PS SIS M&S Recurring Contract Dates: 05/02/207 7- 05/01/2018
Students
49,500
PS-PS-S-PDLS: PS SIS PD+ Annual Fee Contract Dates: 05/02/2017 05/07/2018
Students
1
Description
Terms Net 30
-
This is your annual support/subscription/hosting renewal. A new purchase order is required. To avoid cancellation of your phone support, product updates or hosted products, please work with your Director of Technology or appropriate business person to approve a purchase order and payment for this annual recurring invoice. If this support is not used, please FAX a written 976-288-1588 or cancellation to
[email protected]. If we don’t receive your cancellation by the start of your new term, your support/ subscription/hosting will automatically renew. *
Licensee shall be subject to a monthly charge of 1.5% on all amounts not paid when due (18% annually) or, if a lower maximum rate is established by law, then such lower maximum
rate. Subtotal
$246,050.00
Remit by Check (US Mail Only): PowerSchool Group LLC P0 Box 398408 San Francisco, CA 94139-8408
Remit by Check (Courier): Wells Fargo Lockbox Services Dept #38408 3440 Walnut Aye, Bldg A, Window H Fremont, CA 94538
TaxTotal
Total (USD)
$23,284.80
Remit by Wire or ACH to: Wells Fargo Bank, NA Account Name: PowerSchool Group LLC ABA Routing No: 121000248 Account No: 4633847017 SWIFT: WFBIUS6S (Include invoice number in transmission)
$269,334.80
Customer Service:
[email protected] 888-265-7647 (Toll-Free) 916-288-1588 (Fax)
1j
PowerSehool
IMPORTANT: DO NOT ALLOW LICENSED PRODUCT (AS DEFINED BELOW) TO BE INSTALLED OR USED WITHOUT READING THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO ACCEPT THESE TERMS AND CONDITIONS, YOU MUST RETURN THE LICENSED PRODUCT TO POWERSCHOOL WITHIN TEN (10) DAYS OF RECEIPT. BY INSTALLING AND USING THE LICENSED PRODUCT AS PERMITTED BY THIS LICENSE OR ORDERING SERVICES (AS DEFINED BELOW),YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. LICENSED PRODUCT AND SERVICES AGREEMENT Last updated as of August 2, 2016 DEFINITIONS. PowerSchool Group LLC, the licensor of Licensed Product pursuant to this Agreement, is referred to herein as “PowerSchool” The school, school district or other entity licensing Licensed Product is referred to herein as “Licensee.” This Licensed Product and Services Agreement is referred to herein as the “Agreement.” In addition, the following definitions shall apply: Documentation means all written user information, whether in 1.1 electronic, printed or other format, delivered or made available to Licensee by PowerSchool with respect to Licensed Product, now or in the future, including instructions, manuals, training materials, and other publications that contain, describe, explain or otherwise relate to Licensed Product. Embedded Applications means software developed by third 1.2 parties that may be embedded in or bundled with the software developed by PowerSchool as part of Licensed Product. Hosting Services means the hosting of the Licensee’s license to the 1.3 Licensed Product and Third Party Software by PowerSchool or its hosting providers from a server farm that is comprised of application, data and remote access servers used to store and run the Licensed Product and Third Party Software, including associated offline components. Licensed Product(s) means all software (including Embedded 1.4 Applications) and subsequent versions provided under Support Services and all related Documentation licensed to Licensee pursuant to this Agreement, now or in the future; provided, however, that Licensed Product shall not include any Third Party Software. Licensed Sites means Licensee’s schools, administrative offices, 1.5 at which Licensee conducts its school and other locations administrative functions. Professional Services means data conversion, implementation, 1.6 site planning, configuration, integration and deployment of the Licensed Products or Hosting Services, application development, training, project management and other consulting services. Support Services is defined in section 3.1. of the Support and 1.7 Services Policies attached hereto. i.s Services means Support Services, Hosting Services and Professional Services collectively. State Reporting Code (or SRC) means Licensed Product that 1.9 may be available to Licensee to assist Licensee in meeting specific state reporting requirements and that is designated as State Reporting Code by PowerSchool. 1.10 Third Party Software means any software product designated as Third Party Software by PowerSchool, and any related documentation supplied to Licensee. Any product designated as Third Party Software is licensed by an entity other than PowerSchool, under different license terms than those set forth herein. Third Party Software is different from Embedded Applications in that PowerSchool licenses the Embedded Applications to Licensee as part of Licensed Product (but in some cases, such Embedded Applications may be subject to additional license terms as identified herein). PowerSchool is not the licensor of Third Party Software. LICENSE GRANT 2. Basic Terms. Subject to the terms and conditions of this 2.1 Agreement and the Privacy Policy located at http:llwww.powerschool.com/ customer-contract-privacy-policy, PowerSchool grants to Licensee a restricted, personal, non-exclusive, non-transferable license to use the i.
Page 1 of 6
Licensed Product specified in the PowerSchool’s quotation or acceptance of License purchase order solely to support its school administrative functions, only at the Licensed Sites, not to exceed the maximum student enrollment as set forth in Section 1 of the Supplemental Terms and Conditions. Such license shall be perpetual, unless it is specified in PowerSchool’s price quotation or proposal to Licensee that Licensee’s license will be limited to a specified length of time, or unless this license is terminated under the provisions of this Agreement. In no event may Licensed Product be: (a) used other than at the Licensed Sites; (b) made available via a network or otherwise to any school, school district or third party other than the Licensed Sites; or (c) used to perform service bureau functions for third parties or to process or manage data for locations other than the Licensed Sites. Licensed Product will be provided by PowerSchool and may be used by Licensee in executable code form only; source code to Licensed Product will not be provided. Licensed Product shall only be used as expressly authorized by this Agreement. Copies. Licensee shall not make copies of, otherwise 2.2 reproduce, or allow any unauthorized and/or third-party access to any Licensed Product, except that: (a) Licensee may make copies of the software component of any Licensed Product, in executable code form, only for backup or archival purposes; and (b) Licensee may make unlimited printed copies for Licensee’s internal use of any Documentation delivered by PowerSchool to Licensee. Licensee shall retain and include all of PowerSchool’s or any third parties’ copyright and other proprietary rights notices on all copies of Licensed Product. Licensee shall not otheFwise reproduce Licensed Product. Supplemental Terms and Conditions. The product-specific 2.3 terms and conditions set forth in the Supplemental Terms and Conditions attached hereto are incorporated herein by reference. These additional terms and conditions are applicable to the extent that Licensee licenses any of the specific products or modules listed therein. PROPRIETARY RIGHTS 3. Restrictions on Use of the Licensed Product and Services. 3.1 Licensee shall use the Licensed Products and Services only for the internal business purposes of Licensee. Licensee shall not itself, or through any affiliate, employee, consultant, contractor, agent or other third party: (i) sell, resell, distribute, host, lease, rent, license or sublicense, in whole or in part, the Licensed Products or Services; (ii) decipher, decompile, disassemble, reverse assemble, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architecture, structure or other elements of the Licensed Products or Services, in whole or in part, for competitive purposes or otherwise; (iii) write or develop any derivative works based upon the Licensed Product or Services; (iv) modify, adapt, translate or otherwise make any changes to the Licensed Products or Services or any part thereof; (vi) use the Licensed Products or Services to provide processing services to third parties, or otherwise use the same on a ‘service bureau’ basis; (vii) disclose or publish, without PowerSchool prior written consent, performance or capacity statistics or the results of any benchmark test performed on the Licensed Products or Services; or (viii) otherwise use or copy the same except as expressly permitted herein. Licensee shall not transfer, assign, provide or otherwise make Licensed Products, Services or this Agreement available to any other party without the prior written consent of PowerSchool. Any attempted sublicense, assignment or transfer of any rights, duties or obligations by Licensee in violation of this Agreement shall be void. Licensee shall hold PowerSchool harmless from claims for damages resulting from Licensee’s misuse of the 080216
Licensed Products and Services, including PowerSchool’s intellectual property. 3.2 Intellectual Property Rights. Licensed Product is proprietary to PowerSchool and/or third parties and is protected by copyright, trade secret, and other intellectual property rights. The placement of a copyright notice on any portion of Licensed Product does not mean that such portion has been published and will not derogate any claim of trade secret protection for the same. Title to all complete or partial copies, and all applicable rights to copyrights, patents, trademarks and trade secrets in Licensed Product, are and shall remain the property of Powerschool or their other owners, as applicable. 3.3 Confidentiality. Licensee agrees to keep Licensed Product confidential and to prevent unauthorized disclosure or use of Licensed Product in Licensee’s possession. Licensee shall notify PowerSchool immediately in writing of any unauthorized use or distribution of Licensed Product of which Licensee becomes aware and shall take all steps necessary to ensure that such unauthorized use or distribution is terminated. For any Licensed Product foi which PowerSchooi makes available passwords or other user identification technology to access such Licensed Product, Licensee shall advise all users of such passwords or other user identifications that such passwords or user identifications must be maintained in confidence and not transmitted or shared. 4. SUPPORT AND OTHER SERVICES. Any Support and/or Professional Services and/or Hosting Services ordered from PowerSchool by Licensee in connection with the license of Licensed Product shall be provided by PowerSchool pursuant to PowerSchool’s terms, conditions and policies applicable at the time of order to the particular Services purchased. PowerSchool’s current terms, conditions and policies for delivery of Support and Services, which are subject to change from time to time, are attached hereto as the Support and Services Policies. Licensee’s license of Licensed Product does not, by itself, entitle Licensee to any support, upgrades, patches, fixes or the like for Licensed Product; Licensee must maintain a current Support subscription and pay any applicable Support fees to be eligible for Support Services. Support Services must be purchased for all licenses in Licensee’s possession. Support may not be purchased or renewed for a subset of such licenses only. Support Services may not be used as a substitute for Professional Services. 5. FEES AND TAXES. Licensee agrees to pay PowerSchool, in accordance with PowerSchool’s invoice terms, the fees charged for the Licensed Products and related Services and/or other items ordered by Licensee, together with any other charges made in accordance with this Agreement, and all applicable sales, use or other taxes or duties, however designated, except for taxes based on PowerSchool’s net income. Licensee agrees to also pay for PowerSchool’s reasonable travel and lodging expenses for Services performed at Licensee’s premises, at actual cost. If Licensee claims tax exempt status, Licensee agrees to provide evidence of such tax exemption upon PowerSchool’s request. To the extent that such tax exemption cannot be properly claimed or does not extend to certain taxes or transactions, Licensee shall be responsible for any and all taxes and assessments that arise from this Agreement and related transactions (except for taxes based upon PowerSchool’s net income). Licensee shall pay a monthly charge of 1.5% (18% annually) on all amounts not paid when due, or, if a lower maximum rate is established by law, then such lower maximum rate. All pricing set forth in any PowerSchool quotation or invoice is in United States dollars unless otherwise specified. 6. THIRD PARTY SOFTWARE LICENSE TERMS; EMBEDDED APPLICATIONS; OPEN SOURCE SOFTWARE. Any software designated by PowerSchool as Third Party Software is provided to Licensee pursuant to a separate license agreement between Licensee and the third party supplier, which will be provided to Licensee by the third party supplier. All support, warranties, and services related to Third Party Software are provided by the supplier of the Third Party Software under such third party’s terms and conditions, and not by PowerSchool, unless otherwise specifically provided under this Agreement. Only Sections 5, 6, 9 and 12 of this Agreement apply to Third Party Software and any related support and services set forth in this Agreement. in addition, Licensed Product may contain Embedded Applications. If any additional license terms are identified in the Supplemental Terms and Conditions with respect to any Embedded Applications, Licensee shall Page 2of6
comply with such conditions with respect to such applications. Certain Embedded Applications may also be subject to “open source” licensing terms. In some cases, the open source licensing terms may conflict with portions of this Agreement, and to the extent of any such conflict, the open source licensing terms shall govern, but only as to the software components subject to those terms. Notwithstanding the foregoing, Licensee acknowledges that if any open source software component is licensed under terms that permit Licensee to modify such component, and if Licensee does so modify such component, then PowerSchool will not be responsible for any incompatibility with such modifications and the reIIIdI,IdI uftii LiiiU Fiuduci. 7. COMPATIBLE PLATFORMS/HARDWARE. Licensee is responsible for obtaining and maintaining an appropriate operating environment with the necessary hardware, operating system software and other items required to use and access Licensed Product. PowerSchool will not be responsible for any incompatibility between Licensed Product and any versions of operating systems, hardware, browsers or other products not specifically approved by PowerSchool for Licensee’s use with Licensed Product. PowerSchool will make written requirements available to Licensee at Licensee’s request. s. LIMITED MEDIA WARRANTY. PowerSchool warrants that the media on which Licensed Product is recorded shall be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase. Licensee’s exclusive remedy under this Section shall be replacement of the defective media. DISCLAIMER OF OTHER WARRANTIES. LICENSED PRODUCT AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND (EXCEPT AS PROVIDED IN SECTION 8), AND POWERSCHOOL AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, POTENTIAL IMPLEMENTATION DELAYS, AND NON-INFRINGEMENT. POWERSCHOOL DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE LICENSED PRODUCT WILL MEET LICENSEE’S REQUIREMENTS, OR THAT THE OPERATION OF THE LICENSED PRODUCT OR HOSTING SERVICES WILL BE UNINTERRUPTED OR ERRORFREE, OR THAT DEFECTS IN THE LICENSED PRODUCT WILL BE CORRECTED. FURTHERMORE, POWERSCHOOL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LICENSED PRODUCT OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. LICENSEE AGREES THAT THE USE OF LICENSED PRODUCT AND SERVICES IS AT LICENSEE’S OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY POWERSCHOOL OR A POWERSCHOOL REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO LICENSEE. 9.
10. STATE REPORTING CODE. Unless PowerSchool specifically offers SRC for Licensee’s state, PowerSchool makes no representation that Licensed Product includes any SRC designed to meet the reporting requirements of Licensee’s state. If PowerSchool does offer SRC for Licensee’s state, Licensee acknowledges that the SRC is intended as a tool to assist Licensee in complying with state regulatory requirements; however, PowerSchool does not warrant that the SRC conforms to, or that use of the SRC will ensure Licensee’s compliance with, all state regulatory requirements that may apply or that the SRC will be maintained to conform to such requirements now or in the future. It is Licensee’s, and not PowerSchool’s, responsibility to understand and comply with all such requirements. 11. TERMINATION iii Termination for Breach. PowerSchool shall have the right to suspend performance under this Agreement in the event that Licensee is in breach of any of its obligations under this Agreement. In addition, either party shall have the right to terminate this Agreement in whole or in part upon thirty (30) days written notice to the other party, in the event
080216
the other party materially breaches this Agreement and fails to correct such breach within such thirty (30) day period; provided that PowerSchool shall have the right to terminate this Agreement immediately upon written notice in the event that Licensee breaches any of its obligations under Section 3. Licensee further acknowledges that, as breach of the provisions of Section 3 could result in irreparable injury to PowerSchool, PowerSchool shall have the right to seek equitable relief against any actual or threatened breach thereof, without proving actual damages. 11.2 Effects of Termination. In the event of any termination of all or any portion of this Agreement, Licensee shall not be relieved of any obligation to pay any sums of money that have accrued prior to the date of termination. In addition, the provisions of Sections 3, 5, 6, 9, 11, 12 and 13 shall survive termination of this Agreement. Immediately upon any termination of a license for any Licensed Product under this Agreement, Licensee shall, at its own expense, either return to PowerSchool or destroy all copies of such Licensed Product and associated Third Party Software in its possession or control, and shall forward written certification to PowerSchool that all such copies of such Licensed Product and Third Party Software have either been destroyed or returned to PowerSchool. Liquidated Damages. In the event that Licensee enters into lt.3 a multi-year contract with PowerSchool and Licensee terminates the contract or any portion thereof, Licensee agrees to pay PowerSchool the remaining sum due to PowerSchool through the stated term of the contract as liquidated damages, as actual damages being impossible to calculate. This clause shall not apply in the event Licensee terminates this Agreement as a result of PowerSchool’s breach in accordance with Subsectionll.1 herein. Notwithstanding the foregoing, Licensee shall not be liable for said liquidated damages in the event that: (I) Licensee provides PowerSchool at least thirty (30) days’ advance notice of termination prior to the effective date anniversary; and (ii) said termination is a result of the non-appropriation of funds for Licensee’s contract. Licensee shall not utilize this clause as a right to terminate the contract for convenience. PowerSchool reserves the right to seek documentation evidencing the non-appropriation of funds. LIMITATION OF LIABILITY. POWERSCHOOL SHALL NOT 12. BE LIABLE TO LICENSEE FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; OR LOST PROFITS, LOST FUNDING, LOST SAVINGS, OR LOST OR DAMAGED DATA; OR FOR CLAIMS OF A THIRD PARTY; ARISING OUT OF THIS AGREEMENT, LICENSED PRODUCT, THIRD PARTY SOFTWARE, SUPPORT, SERVICES, OR OTHER ITEMS PROVIDED, OR THE USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF POWERSCHOOL HAS BEEN ADVISED OF THE ARE THEY OR DAMAGES SUCH OF POSSIBILITY FORESEEABLE. IN ANY EVENT, IN RESPECT OF ANY CLAIM, DEMAND OR ACTION ARISING OUT OF THIS AGREEMENT, LICENSEE SHALL BE LIMITED TO RECEIVING ACTUAL AND DIRECT DAMAGES IN A MAXIMUM AGGREGATE AMOUNT PAID BY LICENSEE TO EQUAL TO THE CHARGES POWERSCHOOL HEREUNDER FOR THE APPLICABLE LICENSED PRODUCT, ITEM OR SERVICE ON WHICH THE CLAIM IS BASED IN THE PREVIOUS TWELVE (12) MONTHS. IN ADDITION, IN NO EVENT WILL THE LIABILITY OF POWERSCHOOL RELATING TO SUPPORT SERVICES OR HOSTING SERVICES EXCEED THE TOTAL AMOUNT OF MONEY PAID BY LICENSEE TO POWERSCHOOL DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD WITH RESPECT TO THE PARTICULAR SUPPORT SERVICES OR HOSTING SERVICES ON WHICH THE CLAIM IS BASED. GENERAL Governing Law. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. This Agreement shall not be subject to the Uniform Computer Information Transactions Act. Compliance Verification. During the term of the Agreement and 13.2 for a period of one year following its termination, PowerSchool shall have the right to verify Licensee’s full compliance with the terms and requirements of the Agreement. Licensee shall (A) provide any assistance 13.
13.1
Page 3 of 6
reasonably requested by PowerSchool or its designee in conducting any such audit, including installing and operating audit software, (B) make requested personnel, records, and information available to PowerSchool or its designee, and (C) in all cases, provide such assistance, personnel, records, systems access and information in an expeditious manner to facilitate the timely completion of such compliance verification. If such verification process reveals any noncompliance, Licensee shall reimburse PowerSchool for the reasonable costs and expenses of such verification process incurred by PowerSchool (including but not limited to reasonable attorneys’ fees), and Licensee shall promptly cure any such noncompliance; provided, however, that the obligations under this section do not constitute a waiver of PowerSchool’s termination rights and do not affect PowerSchool’s right to payment for Services and interest fees related to usage in excess of the quantities purchased. 13.3 General Provisions. Neither party shall be held liable to the other party for failure of performance where such failure is caused by supervening conditions beyond that party’s control, including acts of God, civil disturbance, strikes or labor disputes. If any provision of this Agreement is invalid or unenforceabte under any applicable statute or rule of law, this Agreement shall be enforced to the maximum extent possible to effectuate the original express intent of the parties. Licensee may bring no action arising out of this Agreement, regardless of form, more than one (1) year after the cause of action has arisen. In the case of notices to PowerSchool, such notices shall be sent to: PowerSchool Group LLC, Attn General Counsel, 150 Parkshore Drive, Folsom, CA 95630. In the case of notices to Licensee, such notices shall be sent to PowerSchoot’s address of record for Licensee. Either party may change its notice address by notifying the other in like manner. Licensee agrees that the terms of this Agreement, including all pricing for PowerSchool’s products and services, shall be kept confidential and not disclosed to any third party without the prior written consent of PowerSchool. Facilities. Licensee acknowledges that certain Services are 13.4 intended to be performed by PowerSchool off-site (e.g., through remote communication capabilities). If any portion of the work will be performed on Licensee’s premises, Licensee agrees to provide appropriate access to utilities, work space and other on-site accommodations reasonably necessary to enable PowerSchool to perform such work. 13.5 Confidentiality. PowerSchool agrees to use commercially reasonable efforts to maintain the confidentiality of Licensee confidential information that is disclosed to PowerSchool in connection with the performance of services, and to use such Licensee confidential information solely for purposes of performing services hereunder. PowerSchool shall require its employees, agents and subcontractors performing work hereunder to do likewise. For purposes of this Section, “Licensee confidential information” shall mean any student or personnel data belonging to Licensee, or any other Licensee information or data labeled or identified as confidential at the time of disclosure, provided, however, that this definition and the obligations of this Section shall not extend to any information that: (a) is or becomes publicly known through no fault or negligence of PowerSchool; (b) is or becomes lawfully available from a third party without restriction; (c) is independently developed by PowerSchool; or (d) is disclosed without restriction by Licensee to any third party at any time. 13.6 Limited License. Licensee grants to PowerSchool a nonexclusive, royalty free license, to use equipment, software, Licensee data or other material of Licensee solely for the purpose of performing its obligations under the Agreement. However, PowerSchool may use and distribute the Licensee data for any lawful purpose outside the scope of the Agreement, provided always that such Data must be aggregated and/or de-identified. Export. Without in any way limiting the restrictions on transfer 13.7 set forth elsewhere in this Agreement, Licensee specifically agrees that Licensee will not, directly or indirectly, export or transfer any exportcontrolled commodity, technical data or software: (a) in violation of any laws, regulations, rules or other limitations imposed by any government authority; or (b) to any country for which an export license or other governmental approval is required at the time of export, without first obtaining all necessary licenses or other approvals. 13.8 U.S. Government Restricted Rights. Licensed Product is a “commercial item” as that term is defined in 48 C.F.R. §2.101, 080216
consisting of commercial computer software” and “commercial computer software documentation” as such terms are defined in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable, and all as amended from time to time. Consistent with 48 C.F.R. §12.212, 48 C.F.R. §227.7202 and 48 C.F.R. §52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, and all as amended from time to time, all U.S. Government end users acquire Licensed Product only with those rights set forth herein. Entire Agreement. This Agreement, inclusive of the 13.9 Supplemental Terms and Conditions and the Support and Services Policies incorporated herein, or any addendums, amendments, and/or exhibits mutually executed and attached hereto, constitutes the complete
and entire agreement between the parties with respect to its subject matter, and supersedes all prior discussions, understandings, arrangements, proposals and negotiations with respect to same. The terms and conditions of this Agreement shall prevail notwithstanding any variance with the terms and conditions of any purchase order or other documentation submitted by Licensee with respect to Licensed Product or any related support or services, and PowerSchool hereby refuses any such different or additional provisions in purchase orders or other documents. By mutual agreement of the parties, this Agreement is effective upon receipt and supersedes all prior Agreements entered into by the parties, the parties’ agents, and/ui the parties’ previous affiliates. This Agreement shall not be modified or amended without the written agreement of both parties.
SUPPLEMENTAL TERMS AND CONDITIONS PRICING; ENROLLMENT INCREASES. License pricing for 2.2 GPL Software. Certain Embedded Applications included with the Licensed Product is based on student enrollment at the Licensed Sites. Licensed Product may be free software licensed under the terms of If an increase in student enrollment in excess of five percent (5%) the GNU General Public License (GPL). Licensee may obtain a occurs at the Licensed Sites, then Licensee shall pay additional license complete machine-readable copy of the source code for such free fees to PowerSchool in accordance with PowerSchool’s invoice. Such software under the terms of the GPL, without charge except for the additional license fees shall be computed by multiplying the then- cost of media, shipping, and handling, upon written request to current per student license fee for Licensed Product by Licensee’s PowerSchool. The GPL software is distributed in the hope that it will additional enrollment. Licensee’s subsequent Support invoices will be be useful, but WITHOUT ANY WARRANTY, including even the implied based on the increased enrollment as well. warranties of MERCHANTABILITY or FITNESS FOR A PARTICULAR TERMS RELATING TO EMBEDDED APPLICATIONS 2. PURPOSE. A complete copy of the GPL is included within the Licensed Oracle. The following terms ate applicable to a certain Product. 2.1 Embedded Application known as Oracle Database Enterprise Edition 3. HARDWARE. If, in conjunction with Licensee’s licensure of (the “Oracle Software”): Licensed Product, Licensee is purchasing any hardware through The Oracle Software may only be used in conjunction with the PowerSchool, Licensee acknowledges that such hardware purchase (a) Licensed Product and solely for Licensee’s internal business purposes. is being facilitated by PowerSchool as an accommodation to Licensee Oracle USA, Inc. (“Oracle”) shall have no liability whatsoever to only. The warranties on any hardware not manufactured by (b) Licensee for any damages, whether direct, indirect, incidental, or PowerSchool will be limited to those provided by the manufacturers of consequential arising from Licensees use of Licensed Product or the such hardware and/or the vendors through which such hardware is being supplied. PowerSchool will pass through any manufacturer’s or Oracle Software. Licensee is prohibited from publishing the results of any other vendor’s warranty to the extent permitted by the manufacturer (c) or other vendor, as applicable. Licensee agrees to look solely to the benchmark tests run on the Oracle Software. Licensee shall be prohibited from timesharing, rental, facility applicable manufacturer or other vendor, and not to PowerSchool, to (d) fulfill any such warranties and any maintenance, repair, support, or management, or service bureau use of the Oracle Software. Licensee’s records may be audited, by PowerSchool or Oracle, other service obligations related to such hardware. Unless otherwise (e) during normal business hours to verify compliance with the terms of this specifically agreed to in writing by I3owerSchool, PowerSchool does not provide support for any of the hardware or third party software Agreement. being purchased by Licensee through PowerSchool. Any requests for Oracle shall be a third party beneficiary of this Agreement. (f) Oracle shall have no performance obligation or liability to such support should be directed to the applicable hardware or software (g) manufacturer. Licensee further agrees that any claims related to any Licensee in connection with this Agreement. Should the Oracle Software contain any source code provided such hardware, whether for breach of warranty or otherwise, must (h) by Oracle, such source code shall be governed by the terms of this be made directly against the applicable manufacturer or other vendor, and not against PowerSchool, and that PowerSchool shall have no Agreement. liability whatsoever in connection with such claims. 1.
SUPPORT AND SERVICES POLICIES New Products shall mean new products, programs or modules ;. Definitions. Capitalized terms not defined herein shall have the developed by PowerSchool that provide features, functions or meanings assigned to them in the applicable Licensed Product applications not included in the Licensed Product originally licensed by Agreement (“Agreement”) between Licensee and PowerSchool to Licensee and for which additional license fees apply as determined by which these Support and Services Policies (“Policies”) are attached. In PowerSchool. A New Product may be usable with or in addition to the addition, for purposes of these Policies, the following definitions shall Licensed Product originally licensed by Licensee. New Products will be licensed to Licensee under the terms of PowerSchool’s then-current apply: license agreement only after payment of applicable fees. Errors shall mean a reproducible failure of Licensed Product to operate in accordance with its standard Documentation, despite the New Version shall mean an updated version of Licensed Product proper installation and use of Licensed Product in a proper operating issued by PowerSchool, which may include Fixes, together with such environment and on hardware and system software sufficient to meet other modifications, updates, enhancements and improvements to PowerSchool’s then-current minimum requirements, which are subject Licensed Product that PowerSchool may, in its discretion, develop and to change as New Versions are released. User mistakes are not deem ready for distribution and that PowerSchool standardly provides Errors within the meaning of these Policies. Errors may be due to to all customers with a current support subscription to such Licensed Product. problems in Licensed Product, the Documentation, or both. Support Services shall mean those support services described in Fix shall mean a patch, service pack or corrective update of Licensed Product that PowerSchool may prepare in its discretion on an interim Section 3.1 below that will be provided hereunder with respect to basis, prior to issuance of a New Version, to correct programming Licensed Product during Licensee’s Support Term. Errors that prevent or obstruct normal operation of Licensed Product in Support Term shall mean the length of time Support Services are to be provided hereunder and for which Licensee has paid any applicable accordance with the applicable then-current Documentation. I.
SUPPORT SERVICES
Page 4 of 6
080216
Support Services fees, including any initial Support Term and any renewal Support Terms. Telephone and E-mail Support shall mean telephone and e-mail available Monday through Friday, during support services, PowerSchool’s normal business hours, exclusive of PowerSchool’s holidays, regarding Licensee’s use of Licensed Product and any problems that Licensee experiences in using Licensed Product. Support Term; Fees. Support Services for Licensed Product 2. are available at an additional cost. For Support Services purchased concurrently with Licensee’s license to Licensed Product, Licensee’s initial Support Term will begin upon shipment of Licensed Product (or, in the case of Licensed Product made available for download electronically, upon PowerSchool’s provision of the necessary licensing information to enable Licensee to download Licensed Product) and terminate one (1) year thereafter, unless a different Support Term is specified in PowerSchool’s written acknowledgment of Licensee’s order, or unless terminated earlier in accordance with the terms of these Policies or the Agreement. Either party may terminate the provision of Support Services as of the end of the thencurrent Support Term by providing written notice to the other party prior to the end of the then-current Support Term that such party does not wish to renew the Support Term. Licensee shall provide written notice of non-renewal at least thirty (30) days prior to the applicable Support Term. If no notice of non-renewal is given by either party, the Support Term will automatically renew for the applicable renewal term stated on PowerSchool’s renewal invoice at the then current Support fees; otherwise, Licensee’s Support Term will terminate at the end of Licensee’s current paid-up Support Term. If Licensee’s Support Term is so terminated due to non-payment, and then PowerSchool subsequently reinstates Licensee’s access to support, such reinstated access shall remain subject to the terms of these Policies and payment of applicable reinstatement fees. PowerSchool reserves the right to charge reinstatement fees in the event deactivated licenses are reactivated. For the initial Support Term, Licensee shall pay the charges specified in PowerSchool’s initial invoice. For renewal Support Terms, Licensee shall pay PowerSchool’s then-current annual Support Services fees. PowerSchool may supply new or modified Support and Services Policies or other terms and conditions to Licensee related to the provision of Support Services in a renewal term, in which event such new or modified Support and Services Policies or other terms and conditions will govern PowerSchool’s provision of Support Services in such renewal term. Support Services Scope. PowerSchool, or an entity under 3. contract with and authorized by PowerSchool to provide Support Services, will provide Support Services for Licensed Product during the Support Term. The scope of Support Services shall be as follows: Support. Support Services shall include: (a) Telephone and 3.1 E-mail Support; (b) access to an online support website, as maintained by PowerSchool for customers maintaining a current support subscription; (c) Fixes, as developed and made generally available by PowerSchool in its discretion to address Errors that Licensee is experiencing in using Licensed Product; and (d) New Versions, as developed and made generally available by PowerSchool. Support Services do not include New Products. PowerSchool determines, in its sole discretion, what constitutes a New Product (for which additional license fees apply), and what improvements and enhancements to existing Licensed Product functionality are to be included in a New Version (and are therefore provided at no charge to customers with a current support subscription). Custom Programs. For any custom programs developed for 3.2 Licensee by PowerSchool, Support Services are available only on a time and materials basis at PowerSchool’s current rates and charges for these services; support for custom programs is not included in Support Services. In addition, to the extent that Licensed Product includes any functionality that allows Licensee to customize screens or reports, PowerSchool will support the application infrastructure utilized to create such customizations but will not be responsible for supporting any such customizations.
Page 5of6
Requisite Training. In order to receive Support Services described herein, Licensee must purchase appropriate training regarding the use and operation of Licensed Product. Telephone and E-mail Support may be limited to a specified number of authorized representatives of Licensee who have been appropriately trained. Enhancements to SRC. PowerSchool may provide certain 3.4 enhancements to SRC to customers that are current in their payment of annual Support fees for the SRC to PowerSchool. However, PowerSchool reserves the right, in its discretion: (a) to require that additional fees be paid by customers desiring that SRC be updated in connection with new reporting requirements in their state, in the event that such state’s education department or equivalent entity makes changes to the state’s reporting requirements that were not anticipated at the time PowerSchool determined its applicable Support fees for the SRC in that state; or (b) not to make further changes or enhancements to SRC in a given state based on lack of market demand, the nature and scope of the changes required, orotherfactors. Authorized Representatives. If Licensee has purchased 4. Support Services for the Licensed Product from PowerSchool, then in order to receive such Support Services, Licensee shall identify to PowerSchool up to two (2) people who will contact PowerSchool with any technical and product questions (‘Authorized Representatives”). If it is desired that additional Authorized Representatives be permitted to contact PowerSchool for Support, Licensee must pay additional Support fees for such additional Authorized Representatives. All such Authorized Representatives shall complete, at a minimum, PowerSchool’s Initial Product Training for the Licensed Product. Licensee shall provide PowerSchool with a written list of its Authorized Representatives as part of the implementation process for the Licensed Product, and shall keep PowerSchool informed of replacements for Authorized Representatives as soon as possible after the replacements occur. Licensee’s Other Responsibilities. To receive Support 5. Services, Licensee shall: (a) report Errors or suspected Errors for which Support Services are needed, and supply PowerSchool with sufficient information and data to reproduce the Error; (b) procure, install, operate and maintain hardware, operating systems and other software that are compatible with the most current supported version of Licensed Product; (c) establish adequate operational back-up provisions in the event of malfunctions or Errors; (d) maintain an operating environment free of any modifications or other programming that might interfere with the functioning of Licensed Product; (e) maintain hardware and system software consistent with PowerSchool’s minimum requirements; and (f) timely install all Fixes and New Versions supplied by PowerSchool in the proper sequence, and have the most current version of Licensed Product installed. Licensee acknowledges that Fixes and New Versions may be made available electronically, and that, in some cases, PowerSchool may maintain e-mail distribution lists that are used to notify customers of the availability of Fixes and New Versions and to provide other information to customers that are maintaining a current support subscription. Licensee shall be responsible for including the appropriate Licensee personnel on any such e-mail distribution lists of PowerSchool so that Licensee receives such notifications and other information. Support For Prior Versions. Licensee must timely install all 6. Fixes and New Versions to receive Support Services. In some cases, it may not be practical for certain customers to install a New Version immediately upon release. Therefore, PowerSchool may, in its discretion, continue to provide Telephone and E-mail Support for the prior version of Licensed Product for a period of time after release of a New Version. Licensee acknowledges that Fixes and other code maintenance will not be available for prior versions of Licensed Product (including SRC) after the release of a New Version. PROFESSIONAL SERVICES II. Fees and Expenses. In addition to providing Support i. Services during the Support Term, PowerSchool will perform such other Professional Services (training, installation, consulting, project management, etc.) as may be specified in PowerSchool’s written
3.3
080216
acknowledgment of Licensee’s order, or as may be subsequently for which Licensee has prepaid for such Services). If no notice of nonagreed upon by the parties; provided that PowerSchool may, at its renewal is given by either party, then PowerSchool will invoice option, arrange for any such services to be performed by another entity Licensee for the applicable renewal fees for a subsequent Hosting on behalf of PowerSchool. Licensee agrees to pay for such services Term. If Licensee’s Hosting Term is so terminated due to non at the rates and charges specified in PowerSchool’s written payment, and then PowerSchool subsequently reinstates Licensee’s acknowledgment of Licensee’s order, or, for work subsequently access to Hosting Services, such reinstated access shall remain requested, at the rates agreed upon by Licensee and PowerSchool for subject to the terms of these Policies and payment of applicable such subsequent work. PowerSchool reserves the right to require a reinstatement fees. For the initial Hosting Term, Licensee shall pay the purchase order or equivalent documentation from Licensee prior to charges specified in PowerSchool’s initial invoice. For renewal Terms, performing any such Services, or to require prepayment of certain Licensee shall pay PowerSchool’s then-current annual Hosting Services. Unless otherwise specified, all rates quoted are for services Services fees. PowerSchool may supply new or modified Support and to be performed during PowerSchool’s normal business hours; Services Policies or other terms and conditions to Licensee related to additional charges may apply for evenings, weekends or holidays. the provision of Hosting Services in a renewal term, in which event Licensee shall also pay PowerSchool for travel expenses (lodging, such new or modified Support and Services Policies or other terms meals, transportation and other related expenses) incurred in the and conditions will govern PowerSchool’s provision of Hosting performance of services. All such additional charges will be due and Services in such renewal term. Should Licensee decide to terminate payable concurrently with payment for services. PowerSchocl reserves hosting services, Licensee will retain its license to Licensed Product, the right to impose a minimum labor charge for each on-site visit. The subject to the terms of this Agreement. rates and charges specified in PowerSchool’s acknowledgment of 2. Availability. Licensee acknowledges and agrees that the Licensee’s order shall apply to those services originally ordered; Licensed Product may be inaccessible or inoperable from time to time however, PowerSchool reserves the right to change service rates or due to planned maintenance or to causes that are beyond the control of other terms as a condition of entering into any subsequent service PowerSchool or are not reasonably foreseeable by PowerSchool, engagement. In the event that Licensee pays in advance for any including, but not limited to: the interruption or failure of services, all services must be scheduled and delivered within twelve telecommunication or digital transmission links; hostile network attacks; (12) months of such payment, unless otherwise agreed in writing by network congestion; or other failures (collectively “Downtime”). PowerSchool; any portion of any prepaid services amount that has not PowerSchool shall use commercially reasonable efforts to minimize been used by Licensee toward services actually rendered within such any disruption, inaccessibility and/or inoperability of the Licensed twelve (12) month period shall be forfeited. Product caused by Downtime, whether scheduled or not. Training. PowerSchool reserves the right to limit the number 3. 2. Acceptable Use Policy. Licensee acknowledges and agrees of persons permitted to attend any training class in accordance with that PowerSchool does not monitor or police the content of PowerSchool’s training standards. communications or data of Licensee or its users transmitted through the 3. Services Cancellation. Licensee shall pay a cancellation Services, and that PowerSchool shall not be responsible for the content charge equal to fifty percent (50%) of the services fee and any non- of any such communications or transmissions. Licensee shall use the refundable expenses incurred by PowerSchool if Licensee cancels Services exclusively for authorized and legal purposes, consistent with any scheduled professional services less than fourteen (14) days all applicable laws and regulations and PowerSchool’s policies. before the occurrence of any service dates that PowerSchool has Licensee agrees not to post or upload any content or data which (a) is scheduled at Licensee’s request. libelous, defamatory, obscene, pornographic, abusive, harassing or 4. Ownership Of Materials. PowerSchool shall be the owner of threatening; (b) violates the rights of others, such as data which all copyrights, patent rights and other intellectual property rights in any infringes on any intellectual property rights or violates any right of software code, documentation, reports or other deliverables privacy or publicity; or (c) otherwise violates any applicable law. (collectively, “Deliverables”) created for or provided to Licensee pursuant PowerSchool may remove any violating content posted or transmitted to Professional Services. Provided that Licensee pays PowerSchool all through the Hosting Services, without notice to Licensee. PowerSchool fees and expenses associated with the development and provision of may suspend or terminate any user’s access to the Hosting Services such Deliverables, Licensee shall have a paid-up, royalty-free license upon notice in the event that PowerSchool reasonably determines that to use such Deliverables for Licensee’s internal use only, solely for such user has violated the terms and conditions of this Agreement. the purpose for which such Deliverables were provided. Nothing in 4. Security. Licensee will not: (a) breach or attempt to breach this Agreement shall prevent PowerSchool from providing any the security of the Hosting Services or any network, servers, data, Deliverables to PowerSchool’s other customers or third parties. computers or other hardware relating to or used in connection with the Notwithstanding the foregoing, PowerSchool acknowledges and Hosting Services, or any third party that is hosting or interfacing with agrees that any Licensee confidential information (as defined in Section any part of the Hosting Services; or (b) use or distribute through the 13.5 of these Policies) that is incorporated into any Deliverable remains Hosting Services any software, files or other tools or devices designed subject to the provisions of such Section. to interfere with or compromise the privacy, security or use of the Hosting Services or the operations or assets of any other customer of Ill. HOSTING SERVICES PowerSchool or any third party. Licensee will comply with the user Term; Fees. Hosting Services are available at an additional authentication requirements i. for use of the Hosting Services. Licensee cost. For Hosting Services purchased concurrently with Licensee’s is solely responsible for monitoring its authorized users’ access to and license to Licensed Product, Licensee’s initial Hosting Term will begin use of the Hosting Services. PowerSchool has no obligation to verify upon PowerSchool’s written acknowledgment of Licensee’s order and the identity of any person who gains access to the Hosting Services by terminate one (1) year thereafter, (“Hosting Term”) unless a different means of an access ID. Any failure by any authorized user to comply Hosting Term is specified in PowerSchool’s written acknowledgment with the Agreement shall be deemed to be a material breach by of Licensee’s order, or unless terminated earlier in accordance with Licensee, and PowerSchool shall not be liable for any damages the terms of these Policies or the Agreement. Either party may incurred by Licensee or any third party resulting from such breach. terminate the provision of Hosting Services with effect as of the end of Licensee must immediately take all necessary steps, including the then-current Hosting Term by providing written notice to the other providing notice to PowerSchool, effect the termination to of an access party prior to the end of the then-current Term that such party does ID for any authorized user if there is any compromise in the security of not wish to renew the Hosting Term. PowerSchool will provide Licensee that access ID or if unauthorized use is suspected or has occurred. with at least sixty (60) days’ notice if PowerSchool determines that it s. Data. Licensee has responsibility for the legality, sole will no longer offer Hosting Services to Licensee (but in any event will continue providing Hosting Services for the balance of the current term reliability, integrity, accuracy and quality of the data it processes through and submit to the Hosting Services.
Page 6 of 6
080216
1 [N PowerSc hoof ii’
PowerSchool Group LLC 150 Parkshore Dr, Folsom, CA 95630 Quote#: Q-09152-14 Quote Expiration Date: 5/31/2017 Customer Contact: Nancy Petersen Title: Director of Enterprise Applications & Data Services
Prepared By: Heidi Meissel Customer Name: Seattle School District 1
Address: P0 Box 34165 City: Seattle
Enrollment: 49,500 #ofSchools: 91.00 Contract Term: 12 Months
State/Province: Washington
Start Date: 5/22/2017
Zip Code: 98124-1165 Phone #: (206) 252-0480
End Date: 5/21/2018 Quantity
Product Description
Unit
Unit Price
Extended Price
License and Subscription Fees PowerSchool Registration Signature Annual Fee
49,500.00
Students
USD 1.76
USD 86,872.50
Registration Add-On Additional Language Annual Fee
3.00
Each
USD 1,000.00
USD 3,000.00
-
License and Subscription Totals: USD 89,872.50 Professional Services and Setup Fees PowerSchool Registration Signature Set-Up Fee
49,500.00
Students
USD 30,888.00
USD 0.62
Professional Services and Setup USD 30,888.00 Fee Totals:
Quote Total Total Discount:
USD 9,652.50
Year One Total:
USD 120,760.50
Estimated Ongoing Fees PowerSchool Registration Signature Annual Fee
49,500.00
Students
USD 1.76
USD 86,872.50
Registration Add-On Additional Language Annual Fee
3.00
Each
USD 1,000.00
USD 3,000.00
-
Estimated Annual Ongoing Fees USD 89,872.50 Total:
On-Going PowerSchool Subscription/Maintenance & Support Fees are invoiced at then current rates & enrollment per terms of the Licensed Product and Services Agreement, which may be subject to an annual increase after the first year for non-multi-year contracts and/or enrollment increases.
Page 1 of 2
I
Any applicable state sales tax has not been added to this quote. Subscription Start and expiration Dates shall be as set forth above, which may be delayed based upon the date that PowerSchool receives your purchase order. In the event that this quote includes promotional pricing, said promotional pricing may not be valid for the entire period, as stated herein, that governs this quotes validity. All invoices shall be paid within thirty (30) days of the date of invoice. All purchase orders must contain the exact quote number stated within.
Page 2 of 2
PowerSchool IMPORTANT: DO NOT ALLOW LICENSED PRODUCT (AS DEFINED BELOW) TO BE INSTALLED OR USED WITHOUT READING THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO ACCEPT THESE TERMS AND CONDITIONS, YOU MUST RETURN THE LICENSED PRODUCT TO POWERSCHOOL WITHIN TEN (10) DAYS OF RECEIPT. BY INSTALLING AND USING THE LICENSED PRODUCT AS PERMITTED BY THIS LICENSE OR ORDERING SERVICES (AS DEFINED BELOW), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. LICENSED PRODUCT AND SERVICES AGREEMENT Last updated as of August 2, 2016 DEFINITIONS. PowerSchool Group LLC, the licensor of i. Licensed Product pursuant to this Agreement, is referred to herein as “PowerSchool” The school, school district or other entity licensing Licensed Product is referred to herein as “Licensee.” This Licensed Product and Services Agreement is referred to herein as the “Agreement.” In addition, the following definitions shall apply: i.i Documentation means all written user information, whether in electronic, printed or other format, delivered or made available to Licensee by PowerSchool with respect to Licensed Product, now or in the future, including instructions, manuals, training materials, and other publications that contain, describe, explain or otherwise relate to Licensed Product. 1.2 Embedded Applications means software developed by third parties that may be embedded in or bundled with the software developed by PowerSchool as part of Licensed Product. Hosting Services means the hosting of the Licensee’s license to the 1.3 Licensed Product and Third Party Software by PowerSchool or its hosting providers from a server farm that is comprised of application, data and remote access servers used to store and run the Licensed Product and Third Party Software, including associated offline components. Licensed Product(s) means all software (including Embedded 1.4 Applications) and subsequent versions provided under Support Services and all related Documentation licensed to Licensee pursuant to this Agreement, now or in the future; provided, however, that Licensed Product shall not include any Third Party Software. Licensed Sites means Licensee’s schools, administrative offices, 1.5 at which Licensee conducts its school and other locations administrative functions. Professional Services means data conversion, implementation, 1.6 site planning, configuration, integration and deployment of the Licensed Products or Hosting Services, application development, training, project management and other consulting services. Support Services is defined in section 3.1. of the Support and 1.7 Services Policies attached hereto. Services means Support Services, Hosting Services and 1.8 Professional Services collectively. State Reporting Code (or SRC) means Licensed Product that 1.9 may be available to Licensee to assist Licensee in meeting specific state reporting requirements and that is designated as State Reporting Code by PowerSchool. i.io Third Party Software means any software product designated as Third Party Software by PowerSchool, and any related documentation supplied to Licensee. Any product designated as Third Party Software is licensed by an entity other than PowerSchool, under different license terms than those set forth herein. Third Party Software is different from Embedded Applications in that PowerSchoot licenses the Embedded Applications to Licensee as part of Licensed Product (but in some cases, such Embedded Applications may be subject to additional license terms as identified herein). PowerSchool is not the licensor of Third Party Software. LICENSE GRANT 2. Basic Terms. Subject to the terms and conditions of this 2.1 Agreement and the Privacy Policy located at http://www.powerschool.com/ customer-contract-privacy-policy, PowerSchool grants to Licensee a restricted, personal, non-exclusive, non-transferable license to use the
Page 1 of 6
Licensed Product specified in the PowerSchool’s quotation or acceptance of License purchase order solely to support its school administrative functions, only at the Licensed Sites, not to exceed the maximum student enrollment as set forth in Section 1 of the Supplemental Terms and Conditions. Such license shall be perpetual, unless it is specified in PowerSchool’s price quotation or proposal to Licensee that Licensee’s license will be limited to a specified length of time, or unless this license is terminated under the provisions of this Agreement. In no event may Licensed Product be: (a) used other than at the Licensed Sites; (b) made available via a network or otherwise to any school, school district or third party other than the Licensed Sites; or (c) used to perform service bureau functions for third parties or to process or manage data for locations other than the Licensed Sites. Licensed Product will be provided by PowerSchool and may be used by Licensee in executable code form only; source code to Licensed Product will not be provided. Licensed Product shall only be used as expressly authorized by this Agreement. Copies. Licensee shall not make copies of, otherwise 2.2 reproduce, or allow any unauthorized and/or third-party access to any Licensed Product, except that: (a) Licensee may make copies of the software component of any Licensed Product, in executable code form, only for backup or archival purposes; and (b) Licensee may make unlimited printed copies for Licensee’s internal use of any Documentation delivered by PowerSchool to Licensee. Licensee shall retain and include all of PowerSchool’s or any third parties’ copyright and other proprietary rights notices on all copies of Licensed Product. Licensee shall not otherwise reproduce Licensed Product. Supplemental Terms and Conditions. The product-specific 2.3 terms and conditions set forth in the Supplemental Terms and Conditions attached hereto are incorporated herein by reference. These additional terms and conditions are applicable to the extent that Licensee licenses any of the specific products or modules listed therein. PROPRIETARY RIGHTS 3. Restrictions on Use of the Licensed Product and Services. 3.1 Licensee shall use the Licensed Products and Services only for the internal business purposes of Licensee. Licensee shall not itself, or through any affiliate, employee, consultant, contractor, agent or other third party: (i) sell, resell, distribute, host, lease, rent, license or sublicense, in whole or in part, the Licensed Products or Services; (ii) decipher, decompile, disassemble, reverse assemble, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architecture, structure or other elements of the Licensed Products or Services, in whole or in part, for competitive purposes or otherwise; (iii) write or develop any derivative works based upon the Licensed Product or Services; (iv) modify, adapt, translate or otherwise make any changes to the Licensed Products or Services or any part thereof; (vi) use the Licensed Products or Services to provide processing services to third parties, or otherwise use the same on a ‘service bureau’ basis; (vii) disclose or publish, without PowerSchool prior written consent, performance or capacity statistics or the results of any benchmark test performed on the Licensed Products or Services; or (viii) otherwise use or copy the same except as expressly permitted herein. Licensee shall not transfer, assign, provide or otherwise make Licensed Products, Services or this Agreement available to any other party without the prior written consent of PowerSchool. Any attempted sublicense, assignment or transfer of any rights, duties or obligations by Licensee in violation of this Agreement shall be void. Licensee shall hold PowerSchool harmless from claims for damages resulting from Licensee’s misuse of the 080216
Licensed Products and Services, including PowerSchool’s intellectual property. 3.2 Intellectual Property Rights. Licensed Product is proprietary to PowerSchool and/or third parties and is protected by copyright, trade secret, and other intellectual property rights. The placement of a copyright notice on any portion of Licensed Product does not mean that such portion has been published and will not derogate any claim of trade secret protection for the same. Title to all complete or partial copies, and all applicable rights to copyrights, patents, trademarks and trade secrets in Licensed Product, are and shall remain the property of PowerSchool or their other owners, as applicable. 3.3 Confidentiality. Licensee agrees to keep Licensed Product confidential and to prevent unauthorized disclosure or use of Licensed Product in Licensee’s possession. Licensee shall notify PowerSchool immediately in writing of any unauthorized use or distribution of Licensed Product of which Licensee becomes aware and shall take all steps necessary to ensure that such unauthorized use or distribution is terminated. For any Licensed Product for which PowerSchooi makes available passwords or other user identification technology to access such Licensed Product, Licensee shall advise all users of such passwords or other user identifications that such passwords or user identifications must be maintained in confidence and not transmitted or shared. 4. SUPPORT AND OTHER SERVICES. Any Support and/or Professional Services and/or Hosting Services ordered from PowerSchool by Licensee in connection with the license of Licensed Product shall be provided by PowerSchool pursuant to PowerSchool’s terms, conditions and policies applicable at the time of order to the particular Services purchased. PowerSchool’s current terms, conditions and policies for delivery of Support and Services, which are subject to change from time to time, are attached hereto as the Support and Services Policies. Licensee’s license of Licensed Product does not, by itself, entitle Licensee to any support, upgrades, patches, fixes or the like for Licensed Product; Licensee must maintain a current Support subscription and pay any applicable Support fees to be eligible for Support Services. Support Services must be purchased for all licenses in Licensee’s possession. Support may not be purchased or renewed for a subset of such licenses only. Support Services may not be used as a substitute for Professional Services. 5. FEES AND TAXES. Lioensee agrees to pay PowerSchool, in accordance with PowerSchool’s invoice terms, the fees charged for the Licensed Products and related Services and/or other items ordered by Licensee, together with any other charges made in accordance with this Agreement, and all applicable sales, use or other taxes or duties, however designated, except for taxes based on PowerSchool’s net income. Licensee agrees to also pay for PowerSchool’s reasonable travel and lodging expenses for Services performed at Licensee’s premises, at actual cost. If Licensee claims tax exempt status, Licensee agrees to provide evidence of such tax exemption upon PowerSchool’s request. To the extent that such tax exemption cannot be properly claimed or does not extend to certain taxes or transactions, Licensee shall be responsible for any and all taxes and assessments that arise from this Agreement and related transactions (except for taxes based upon PowerSchool’s net income). Licensee shall pay a monthly charge of 1.5% (18% annually) on all amounts not paid when due, or, if a lower maximum rate is established by law, then such lower maximum rate. All pricing set forth in any PowerSchool quotation or invoice is in United States dollars unless otherwise specified. 6. THIRD PARTY SOFTWARE LICENSE TERMS; EMBEDDED APPLICATIONS; OPEN SOURCE SOFTWARE. Any software designated by PowerSchool as Third Party Software is provided to Licensee pursuant to a separate license agreement between Licensee and the third party supplier, which will be provided to Licensee by the third party supplier. All support, warranties, and services related to Third Party Software are provided by the supplier of the Third Party Software under such third party’s terms and conditions, and not by PowerSchool, unless otherwise specifically provided under this Agreement. Only Sections 5, 6, 9 and 12 of this Agreement apply to Third Party Software äfld any related support and services set forth in this Agreement. in addition, Licensed Product may contain Embedded Applications. If any additional license terms are identified in the Supplemental Terms and Conditions with respect to any Embedded Applications, Licensee shall Page 2 of 6
comply with such conditions with respect to such applications. Certain Embedded Applications may also be subject to “open source” licensing terms. in some cases, the open source licensing terms may conflict with portions of this Agreement, and to the extent of any such conflict, the open source licensing terms shall govern, but only as to the software components subject to those terms. Notwithstanding the foregoing, Licensee acknowledges that if any open source software component is licensed under terms that permit Licensee to modify such component, and if Licensee does so modify such component, then PowerSchool will not be responsible for any incompatibility with such modifications and the ieiiic,iiidei uithe Lit..eiistd Piudut. 7. COMPATIBLE PLATFORMS/HARDWARE. Licensee is responsible for obtaining and maintaining an appropriate operating environment with the necessary hardware, operating system software and other items required to use and access Licensed Product. PowerSchool will not be responsible for any incompatibility between Licensed Product and any versions of operating systems, hardware, browsers or other products not specifica!!y approved by PowerSchool for Licensee’s use with Licensed Product. PowerSchool will make written requirements available to Licensee at Licensee’s request. 8. LIMITED MEDIA WARRANTY. PowerSchool warrants that the media on which Licensed Product is recorded shall be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase. Licensee’s exclusive remedy under this Section shall be replacement of the defective media. DISCLAIMER OF OTHER WARRANTIES. LICENSED PRODUCT AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND (EXCEPT AS PROVIDED IN SECTION 8), AND POWERSCHOOL AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, POTENTIAL IMPLEMENTATION DELAYS, AND NON-INFRINGEMENT. POWERSCHOOL DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE LICENSED PRODUCT WILL MEET LICENSEE’S REQUIREMENTS, OR THAT THE OPERATION OF THE LICENSED PRODUCT OR HOSTING SERVICES WILL BE UNINTERRUPTED OR ERRORFREE, OR THAT DEFECTS IN THE LICENSED PRODUCT WILL BE CORRECTED. FURTHERMORE, POWERSCHOOL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LICENSED PRODUCT OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. LICENSEE AGREES THAT THE USE OF LICENSED PRODUCT AND SERVICES IS AT LICENSEE’S OWN RISK. NO ORAL OR WRITTEN INFORMATION ADVICE GIVEN OR BY POWERSCHOOL OR A POWERSCHOOL REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO LICENSEE. 9.
10. STATE REPORTING CODE. Unless PowerSchool specifically offers SRC for Licensee’s state, PowerSchool makes no representation that Licensed Product includes any SRC designed to meet the reporting requirements of Licensee’s state. If PowerSchool does offer SRC for Licensee’s state, Licensee acknowledges that the SRC is intended as a tool to assist Licensee in complying with state regulatory requirements; however, PowerSchool does not warrant that the SRC conforms to, or that use of the SRC will ensure Licensee’s compliance with, all state regulatory requirements that may apply or that the SRC will be maintained to conform to such requirements now or in the future. It is Licensee’s, and not PowerSchool’s, responsibility to understand and comply with all such requirements. 11. TERMINATION n.i Termination for Breach. PowerSchool shall have the right to suspend performance under this Agreement in the event that Licensee is in breach of any of its obligations under this Agreement. In addition, either party shall have the right to terminate this Agreement in whole or in part upon thirty (30) days written notice to the other party, in the event
080216
the other party materially breaches this Agreement and fails to correct such breach within such thirty (30) day period; provided that PowerSchool shall have the right to terminate this Agreement immediately upon written notice in the event that Licensee breaches any of its obligations under Section 3. Licensee further acknowledges that, as breach of the provisions of Section 3 could result in irreparable injury to PowerSchool, PowerSchool shall have the right to seek equitable relief against any actual or threatened breach thereof, without proving actual damages. Effects of Termination. In the event of any termination of all 11.2 or any portion of this Agreement, Licensee shall not be relieved of any obligation to pay any sums of money that have accrued prior to the date of termination. In addition, the provisions of Sections 3, 5, 6, 9, 11, 12 and 13 shall survive termination of this Agreement. Immediately upon any termination of a license for any Licensed Product under this Agreement, Licensee shall, at its own expense, either return to PowerSchool or destroy all copies of such Licensed Product and associated Third Party Software in its possession or control, and shall forward written certification to PowerSchool that all such copies of such Licensed Product and Third Party Software have either been destroyed or returned to PowerSchool. Liquidated Damages. In the event that Licensee enters into 11.3 a multi-year contract with PowerSchool and Licensee terminates the contract or any portion thereof, Licensee agrees to pay PowerSchool the remaining sum due to PowerSchool through the stated term of the contract as liquidated damages, as actual damages being impossible to calculate. This clause shall not apply in the event Licensee terminates this Agreement as a result of PowerSchool’s breach in accordance with Subsectioni 1 .1 herein. Notwithstanding the foregoing, Licensee shall not be liable for said liquidated damages in the event that: (I) Licensee provides PowerSchool at least thirty (30) days’ advance notice of termination prior to the effective date anniversary; and (ii) said termination is a result of the non-appropriation of funds for Licensee’s contract. Licensee shall not utilize this clause as a right to terminate the contract for convenience. PowerSchool reserves the right to seek documentation evidencing the non-appropriation of funds. LIMITATION OF LIABILITY. POWERSCHOOL SHALL NOT 12. BE LIABLE TO LICENSEE FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; OR LOST PROFITS, LOST FUNDING,.LOST SAVINGS, OR LOST OR DAMAGED DATA; OR FOR CLAIMS OF A THIRD PARTY; ARISING OUT OF THIS AGREEMENT, LICENSED PRODUCT, THIRD PARTY SOFTWARE, SUPPORT, SERVICES, OR OTHER ITEMS PROVIDED, OR THE USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF POWERSCHOOL HAS BEEN ADVISED OF THE ARE THEY OR DAMAGES OF SUCH POSSIBILITY FORESEEABLE. IN ANY EVENT, IN RESPECT OF ANY CLAIM, DEMAND OR ACTION ARISING OUT OF THIS AGREEMENT, LICENSEE SHALL BE LIMITED TO RECEIVING ACTUAL AND DIRECT DAMAGES IN A MAXIMUM AGGREGATE AMOUNT EQUAL TO THE CHARGES PAID BY LICENSEE TO POWERSCHOOL HEREUNDER FOR THE APPLICABLE LICENSED PRODUCT, ITEM OR SERVICE ON WHICH THE CLAIM IS BASED IN THE PREVIOUS TWELVE (72) MONTHS. IN ADDITION, IN NO EVENT WILL THE LIABILITY OF POWERSCHOOL RELATING TO SUPPORT SERVICES OR HOSTING SERVICES EXCEED THE TOTAL AMOUNT OF MONEY PAID BY LICENSEE TO POWERSCHOOL DURING THE IMMEDIATELY PRECEDING TWELVE (72) MONTH PERIOD WITH RESPECT TO THE PARTICULAR SUPPORT SERVICES OR HOSTING SERVICES ON WHICH THE CLAIM IS BASED. GENERAL Governing Law. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. This Agreement shall not be subject to the Uniform Computer Information Transactions Act. Compliance Verification. During the term of the Agreement and 13.2 for a period of one year following its termination, PowerSchool shall have the right to verify Licensee’s full compliance with the terms and requirements of the Agreement. Licensee shall (A) provide any assistance 13.
13.1
Page 3 of 6
reasonably requested by PowerSchool or its designee in conducting any such audit, including installing and operating audit software, (B) make requested personnel, records, and information available to PowerSchool or its designee, and (C) in all cases, provide such assistance, personnel, records, systems access and information in an expeditious manner to facilitate the timely completion of such compliance verification. If such verification process reveals any noncompliance, Licensee shall reimburse PowerSchool for the reasonable costs and expenses of such verification process incurred by PowerSchool (including but not limited to reasonable attorneys’ fees), and Licensee shall promptly cure any such noncompliance; provided, however, that the obligations under this section do not constitute a waiver of PowerSchool’s termination rights and do not affect PowerSchool’s right to payment for Services and interest fees related to usage in excess of the quantities purchased. 13.3 General Provisions. Neither party shall be held liable to the other party for failure of performance where such failure is caused by supervening conditions beyond that party’s control, including acts of God, civil disturbance, strikes or labor disputes. If any provision of this Agreement is invalid or unenforceable under any applicable statute or rule of law, this Agreement shall be enforced to the maximum extent possible to effectuate the original express intent of the parties. Licensee may bring no action arising out of this Agreement, regardless of form, more than one (1) year after the cause of action has arisen. In the case of notices to PowerSchool, such notices shall be sent to: PowerSchool Group LLC, Attn General Counsel, 150 Parkshore Drive, Folsom, CA 95630. In the case of notices to Licensee, such notices shall be sent to PowerSchool’s address of record for Licensee. Either party may change its notice address by notifying the other in like manner. Licensee agrees that the terms of this Agreement, including all pricing for PowerSchool’s products and services, shall be kept confidential and not disclosed to any third party without the prior written consent of PowerSchool. 13.4 Facilities. Licensee acknowledges that certain Services are intended to be performed by PowerSchool off-site (e.g., through remote communication capabilities). If any portion of the work will be performed on Licensee’s premises, Licensee agrees to provide appropriate access to utilities, work space and other on-site accommodations reasonably necessary to enable PowerSchool to perform such work. Confidentiality. PowerSchool agrees to use commercially 13.5 the confidentiality of Licensee reasonable efforts to maintain confidential information that is disclosed to PowerSchool in connection with the performance of services, and to use such Licensee confidential information solely for purposes of performing services hereunder. PowerSchool shall require its employees, agents and subcontractors performing work hereunder to do likewise. For purposes of this Section, “Licensee confidential information” shall mean any student or personnel data belonging to Licensee, or any other Licensee information or data labeled or identified as confidential at the time of disclosure, provided, however, that this definition and the obligations of this Section shall not extend to any information that: (a) is or becomes publicly known through no fault or negligence of PowerSchool; (b) is or becomes lawfully available from a third party without restriction; (c) is independently developed by PowerSchool; or (d) is disclosed without restriction by Licensee to any third party at any time. Limited License. Licensee grants to PowerSchool a non13.6 exclusive, royalty free license, to use equipment, software, Licensee data or other material of Licensee solely for the purpose of performing its obligations under the Agreement. However, PowerSchool may use and distribute the Licensee data for any lawful purpose outside the scope of the Agreement, provided always that such Data must be aggregated and/or de-identified. Export. Without in any way limiting the restrictions on transfer 13.7 set forth elsewhere in this Agreement, Licensee specifically agrees that Licensee will not, directly or indirectly, export or transfer any exportcontrolled commodity, technical data or software: (a) in violation of any laws, regulations, rules or other limitations imposed by any government authority; or (b) to any country for which an export license or other governmental approval is required at the time of export, without first obtaining all necessary licenses or other approvals. 13.8 U.S. Government Restricted Rights. Licensed Product is a “commercial item” as that term is defined in 48 C.F.R. §2.101, 080276
consisting of ‘commercial computer software” and “commercial computer software documentation” as such terms are defined in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable, and all as amended from time to time. Consistent with 48 C.F.R. §12.212, 48 C.F.R. §227.7202 and 48 C.F.R. §52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, and all as amended from time to time, all U.S. Government end users acquire Licensed Product only with those rights set forth herein. 13.9 Enbre Agreement. This Agreement, inclusive of the Supplemental Terms and Conditions and the Support and Services Policies incorporated herein, or any addendums, amendments, and/or exhibits mutually executed and attached hereto, constitutes the complete
and entire agreement between the parties with respect to its subject matter, and supersedes all prior discussions, understandings, arrangements, proposals and negotiations with respect to same. The terms and conditions of this Agreement shall prevail notwithstanding any variance with the terms and conditions of any purchase order or other documentation submitted by Licensee with respect to Licensed Product or any related support or services, and PowerSchool hereby refuses any such different or additional provisions in purchase orders or other documents. By mutual agreement of the parties, this Agreement is effective upon receipt and supersedes all prior Agreements entered into by the patties, the parties’ agents, and/or the parties previous affiiiates. This Agreement shall not be modified or amended without the written agreement of both parties.
SUPPLEMENTAL TERMS AND CONDITIONS PRICING; ENROLLMENT INCREASES. License pricing for 2.2 GPL Software. Certain Embedded Applications included with the Licensed Product is based on student enrollment at the Licensed Sites. Licensed Product may be free software licensed under the terms of If an increase in student enrollment in excess of five percent (5%) the GNU General Public License (GPL). Licensee may obtain a occurs at the Licensed Sites, then Licensee shall pay additional license complete machine-readable copy of the source code for such free fees to PowerSchool in accordance with PowerSchool’s invoice. Such software under the terms of the GPL, without charge except for the additional license fees shall be computed by multiplying the thencost of media, shipping, and handling, upon written request to current per student license fee for Licensed Product by Licensee’s PowerSchool. The GPL software is distributed in the hope that it will additional enrollment. Licensee’s subsequent Support invoices will be be useful, but WITHOUT ANY WARRANTY, including even the implied based on the increased enrollment as well, warranties of MERCHANTABILITY or FITNESS FOR A PARTICULAR 2. TERMS RELATING TO EMBEDDED APPLICATIONS PURPOSE. A complete copy of the GPL is included within the Licensed 2.1 Oracle. The following terms are applicable to a certain Product, Embedded Application known as Oracle Database Enterprise Edition 3. HARDWARE. If, in conjunction with Licensee’s licensure of (the “Oracle Software”): Licensed Product, Licensee is purchasing any hardware through The Oracle Software may only be used in conjunction with the PowerSchool, Licensee acknowledges that such hardware purchase (a) Licensed Product and solely for Licensee’s internal business purposes. is being facilitated by PowerSchool as an accommodation to Licensee (b) Oracle USA, Inc. (“Oracle”) shall have no liability whatsoever to only. The warranties on any hardware not manufactured by Licensee for any damages, whether direct, indirect, incidental, or PowerSchool will be limited to those provided by the manufacturers of consequential arising from Licensees use of Licensed Product or the such hardware and/or the vendors through which such hardware is being supplied. PowerSchool will pass through any manufacturer’s or Oracle Software. (c) Licensee is prohibited from publishing the results of any other vendor’s warranty to the extent permitted by the manufacturer or other vendor, as applicable. Licensee agrees to look solely to the benchmark tests run on the Oracle Software. (d) Licensee shall be prohibited from timesharing, rental, facility applicable manufacturer or other vendor, and not to PowerSchool, to fulfill any such warranties and any maintenance, repair, support, or management, or service bureau use of the Oracle Software. Licensee’s records may be audited, by PowerSchool or Oracle, other service obligations related to such hardware. Unless otherwise (e) during normal business hours to verify compliance with the terms of this specifically agreed to in writing by PowerSchool, PowerSchool does not provide support for any of the hardware or third party software Agreement. being purchased by Licensee through PowerSchool. Any requests for (f) Oracle shall be a third party beneficiary of this Agreement. Oracle shall have no performance obligation or liability to such support should be directed to the applicable hardware or software (g) manufacturer. Licensee further agrees that any claims related to any Licensee in connection with this Agreement. (h) Should the Oracle Software contain any source code provided such hardware, whether for breach of warranty or otherwise, must by Oracle, such source code shall be governed by the terms of this be made directly against the applicable manufacturer or other vendor, and not against PowerSchool, and that PowerSchool shall have no Agreement. liability whatsoever in connection with such claims. 1.
SUPPORT AND SERVICES POLICIES New Products shall mean new products, programs or modules Definitions. Capitahzed terms not defined herein shall have the developed by PowerSchool that provide features, functions or meanings assigned to them in the applicable Licensed Product applications not included in the Licensed Product originally licensed by Agreement (“Agreement”) between Licensee and PowerSchool to Licensee and for which additional license fees apply as determined by which these Support and Services Policies (“Policies”) are attached. In PowerSchool. A New Product may be usable with or in addition to the addition, for purposes of these Policies, the following definitions shall Licensed Product originally licensed by Licensee. New Products will be licensed to Licensee under the terms of PowerSchool’s then-current apply: license agreement only after payment of applicable fees. Errors shall mean a reproducible failure of Licensed Product to operate in accordance with its standard Documentation, despite the New Version shall mean an updated version of Licensed Product proper installation and use of Licensed Product in a proper operating issued by PowerSchool, which may include Fixes, together with such environment and on hardware and system software sufficient to meet other modifications, updates, enhancements and improvements to PowerSchool’s then-current minimum requirements, which are subject Licensed Product that PowerSchool may, in its discretion, develop and to change as New Versions are released. User mistakes are not deem ready for distribution and that PowerSchool standardly provides Errors within the meaning of these Policies. Errors may be due to to all customers with a current support subscription to such Licensed Product. problems in Licensed Product, the Documentation, or both. Support Services shall mean those support services described in Fix shall mean a patch, service pack or corrective update of Licensed Product that PowerSchool may prepare in its discretion on an interim Section 3.1 below that will be provided hereunder with respect to basis, prior to issuance of a New Version, to correct programming Licensed Product during Licensee’s Support Term. Errors that prevent or obstruct normal operation of Licensed Product in Support Term shall mean the length of time Support Services are to be provided hereunder and for which Licensee has paid any applicable accordance with the applicable then-current Documentation. I.
SUPPORT SERVICES
Page 4 of 6
080276
Support Services fees, including any initial Support Term and any renewal Support Terms. Telephone and E-mail Support shall mean telephone and e-mail available Monday through Friday, during support services, PowerSchool’s normal business hours, exclusive of PowerSchool’s holidays, regarding Licensee’s use of Licensed Product and any problems that Licensee experiences in using Licensed Product. Support Term; Fees. Support Services for Licensed Product 2. are available at an additional cost. For Support Services purchased concurrently with Licensee’s license to Licensed Product, Licensee’s initial Support Term will begin upon shipment of Licensed Product (or, in the case of Licensed Product made available for download electronically, upon PowerSchool’s provision of the necessary licensing information to enable Licensee to download Licensed Product) and terminate one (1) year thereafter, unless a different Support Term is specified in PowerSchool’s written acknowledgment of Licensee’s order, or unless terminated earlier in accordance with the terms of these Policies or the Agreement. Either party may terminate the provision of Support Services as of the end of the thencurrent Support Term by providing written notice to the other party prior to the end of the then-current Support Term that such party does not wish to renew the Support Term. Licensee shall provide written notice of non-renewal at least thirty (30) days prior to the applicable Support Term. If no notice of non-renewal is given by either party, the Support Term will automatically renew for the applicable renewal term stated on PowerSchool’s renewal invoice at the then current Support fees; otherwise, Licensee’s Support Term will terminate at the end of Licensee’s current paid-up Support Term. If Licensee’s Support Term is so terminated due to non-payment, and then PowerSchool subsequently reinstates Licensee’s access to support, such reinstated access shall remain subject to the terms of these Policies and payment of applicable reinstatement fees. PowerSchool reserves the tight to charge reinstatement fees in the event deactivated licenses are reactivated. For the initial Support Term, Licensee shall pay the charges specified in PowerSchool’s initial invoice. For renewal Support Terms, Licensee shall pay PowerSchool’s then-current annual Support Services fees. PowerSchool may supply new or modified Support and Services Policies or other terms and conditions to Licensee related to the provision of Support Services in a renewal term, in which event such new or modified Support and Services Policies or other terms and conditions will govern PowerSchool’s provision of Support Services in such renewal term. 3. Support Services Scope. PowerSchool, or an entity under contract with and authorized by PowerSchool to provide Support Services, will provide Support Services for Licensed Product during the Support Term. The scope of Support Services shall be as follows: 3.1 Support. Support Services shall include: (a) Telephone and E-mail Support; (b) access to an online support website, as maintained by PowerSchool for customers maintaining a current support subscription; (c) Fixes, as developed and made generally available by PowerSchool in its discretion to address Errors that Licensee is experiencing in using Licensed Product; and (d) New Versions, as developed and made generally available by PowerSchool. Support Services do not include New Products. PowerSchool determines, in its sole discretion, what constitutes a New Product (for which additional license fees apply), and what improvements and enhancements to existing Licensed Product functionality are to be included in a New Version (and are therefore provided at no charge to customers with a current support subscription). Custom Programs. For any custom programs developed for 3.2 Licensee by PowerSchool, Support Services are available only on a time and materials basis at PowerSchool’s current rates and charges for these services; support for custom programs is not included in Support Services. In addition, to the extent that Licensed Product includes any functionality that allows Licensee to customize screens or reports, PowerSchool will support the application infrastructure utilized to create such customizations but will not be responsible for supporting any such customizations.
Page 5 of 6
Requisite Training. In order to receive Support Services described herein, Licensee must purchase appropriate training regarding the use and operation of Licensed Product. Telephone and E-mail Support may be limited to a specified number of authorized representatives of Licensee who have been appropriately trained. Enhancements to SRC. PowerSchool may provide certain 3.4 enhancements to SRC to customers that are current in their payment of annual Support fees for the SRC to PowerSchool. However, PowerSchool reserves the right, in its discretion: (a) to require that additional fees be paid by customers desiring that SRC be updated in connection with new reporting requirements in their state, in the event that such state’s education department or equivalent entity makes changes to the state’s reporting requirements that were not anticipated at the time PowerSchool determined its applicable Support fees for the SRC in that state; or (b) not to make further changes or enhancements to SRC in a given state based on lack of market demand, the nature and scope of the changes required, or other factors. Authorized Representatives. If Licensee has purchased 4. Support Services for the Licensed Product from PowerSchool, then in order to receive such Support Services, Licensee shall identify to PowerSchool up to two (2) people who will contact PowerSchool with any technical and product questions (“Authorized Representatives”). If it is desired that additional Authorized Representatives be permitted to contact PowerSchool for Support, Licensee must pay additional Support fees for such additional Authorized Representatives. All such Authorized Representatives shall complete, at a minimum, PowerSchool’s Initial Product Training for the Licensed Product. Licensee shall provide PowerSchool with a written list of its Authorized Representatives as part of the implementation process for the Licensed Product, and shall keep PowerSchool informed of replacements for Authorized Representatives as soon as possible after the replacements occur. Licensee’s Other Responsibilities. To receive Support 5. Services, Licensee shall: (a) report Errors or suspected Errors for which Support Services are needed, and supply PowerSchool with sufficient information and data to reproduce the Error; (b) procure, install, operate and maintain hardware, operating systems and other software that are compatible with the most current supported version of Licensed’ Product; (C) establish adequate operational back-up provisions in the event of malfunctions or Errors; (d) maintain an operating environment free of any modifications or other programming that might interfere with the functioning of Licensed Product; (e) maintain hardware and system software consistent with PowerSchool’s minimum requirements; and (f) timely install all Fixes and New Versions supplied by PowerSchool in the proper sequence, and have the most current version of Licensed Product installed. Licensee acknowledges that Fixes and New Versions may be made available electronically, and that, in some cases, PowerSchool may maintain e-mail distribution lists that are used to notify customers of the availability of Fixes and New Versions and to provide other information to customers that are maintaining a current support subscription. Licensee shall be responsible for including the appropriate Licensee personnel on any such e-mail distribution lists of PowerSchool so that Licensee receives such notifications and other information. Support For Prior Versions. Licensee must timely install all 6. Fixes and New Versions to receive Support Services. In some cases, it may not be practical for certain customers to install a New Version immediately upon release. Therefore, PowerSchool may, in its discretion, continue to provide Telephone and E-mail Support for the prior version of Licensed Product for a period of time after release of a New Version. Licensee acknowledges that Fixes and other code maintenance will not be available for prior versions of Licensed Product (including SRC) after the release of a New Version. PROFESSIONAL SERVICES II. and Expenses. In addition to providing Support Fees 1. Services during the Support Term, PowerSchool will perform such other Professional Services (training, installation, consulting, project management, etc.) as may be specified in PowerSchool’s written
3.3
080216
acknowledgment of Licensee’s order, or as may be subsequently for which Licensee has prepaid for such Services). If no notice of nonagreed upon by the parties; provided that PowerSchool may, at its renewal is given by either party, then PowerSchool will invoice option, arrange for any such services to be performed by another entity Licensee for the applicable renewal fees for a subsequent Hosting on behalf of PowerSchool. Licensee agrees to pay for such services Term. If Licensee’s Hosting Term is so terminated due to non at the rates and charges specified in PowerSchool’s written payment, and then PowerSchool subsequently reinstates Licensee’s acknowledgment of Licensee’s order, or, for work subsequently access to Hosting Services, such reinstated access shall remain requested, at the rates agreed upon by Licensee and PowerSchool for subject to the terms of these Policies and payment of applicable such subsequent work. PowerSchool reserves the right to require a reinstatement fees. For the initial Hosting Term, Licensee shall pay the purchase order or equivalent documentation from Licensee prior to charges specified in PowerSchool’s initial invoice. For renewal Terms, performing any such Services, or to require prepayment of certain Licensee shall pay PowerSchool’s then-current annual Hosting Services. Unless otherwise specified, all rates quoted are for services Services fees. PowerSchool may supply new or modified Support and to be performed during PowerSchool’s normal business hours; Services Policies or other terms and conditions to Licensee related to additional charges may apply for evenings, weekends or holidays. the provision of Hosting Services in a renewal term, in which event Licensee shall also pay PowerSchool for travel expenses (lodging, such new or modified Support and Services Policies or other terms meals, transportation and other related expenses) incurred in the and conditions will govern PowerSchool’s provision of Hosting performance of services. All such additional charges will be due and Services in such renewal term. Should Licensee decide to terminate payable concurrently with payment for serv:ces. PowerSchool reserves hosting services, Licensee wiU retain its license to Licensed Product, the right to impose a minimum labor charge for each on-site visit. The subject to the terms of this Agreement. rates and charges specified in PowerSchool’s acknowledgment of 2. Availability. Licensee acknowledges and agrees that the Licensee’s order shall apply to those services originally ordered; Licensed Product may be inaccessible or inoperable from time to time however, PowerSchool reserves the right to change service rates or due to planned maintenance or to causes that are beyond the control of other terms as a condition of entering into any subsequent service PowerSchool or are not reasonably foreseeable by PowerSchool, In engagement. the event that Licensee pays in advance for any including, but not limited to: the interruption or failure of services, all services must be scheduled and delivered within twelve telecommunication or digital transmission links; hostile network attacks; (12) months of such payment, unless otherwise agreed in writing by network congestion; or other failures (collectively “Downtime”). PowerSchool; any portion of any prepaid services amount that has not PowerSchool shall use commercially reasonable efforts to minimize been used by Licensee toward services actually rendered within such any disruption, inaccessibility and/or inoperability of the Licensed twelve (12) month period shall be forfeited. Product caused by Downtime, whether scheduled or not. 2. Training. PowerSchool reserves the right to limit the number 3. Acceptable Use Policy. Licensee acknowledges and agrees of persons permitted to attend any training class in accordance with that PowerSchool does not monitor or police the content of PowerSchool’s training standards. communications or data of Licensee or its users transmitted through the 3. Services Cancellation. Licensee shall pay a cancellation Services, and that PowerSchool shall not be responsible for the content charge equal to fifty percent (50%) of the services fee and any non- of any such communications or transmissions. Licensee shall use the refundable expenses incurred by PowerSchool if Licensee cancels Services exclusively for authorized and legal purposes, consistent with any scheduled professional services less than fourteen (14) days all applicable laws and regulations and PowerSchool’s policies. before the occurrence of any service dates that PowerSchool has Licensee agrees not to post or upload any content or data which (a) is scheduled at Licensee’s request. libelous, defamatory, obscene, pornographic, abusive, harassing or 4. Ownership Of Materials. PowerSchool shall be the owner of threatening; (b) violates the rights of others, such as data which all copyrights, patent rights and other intellectual property rights in any infringes on any intellectual property rights or violates any right of software code, documentation, reports or other deliverables privacy or publicity; or (c) otherwise violates any applicable law. (collectively, Deliverables”) created for or provided to Licensee pursuant PowerSchool may remove any violating content posted or transmitted to Professional Services. Provided that Licensee pays PowerSchool all through the Hosting Services, without notice to Licensee. PowerSchool fees and expenses associated with the development and provision of may suspend or terminate any user’s access to the Hosting Services such Deliverables, Licensee shall have a paid-up, royalty-free license upon notice in the event that PowerSchool reasonably determines that to use such Deliverables for Licensee’s internal use only, solely for such user has violated the terms and conditions of this Agreement. the purpose for which such Deliverables were provided. Nothing in 4. Security. Licensee will not: (a) breach or attempt to breach this Agreement shall prevent PowerSchool from providing any the security of the Hosting Services or any network, servers, data, Deliverables to PowerSchool’s other customers or third parties. computers or other hardware relating to or used in connection with the Notwithstanding the foregoing, PowerSchool acknowledges and Hosting Services, or any third party that is hosting or interfacing with agrees that any Licensee confidential information (as defined in Section any part of the Hosting Services; or (b) use or distribute through the 13.5 of these Policies) that is incorporated into any Deliverable remains Hosting Services any software, files or other tools or devices designed subject to the provisions of such Section. to interfere with or compromise the privacy, security or use of the Hosting Services or the operations or assets of any other customer of Ill. HOSTING SERVICES PowerSchool or any third party. Licensee will comply with the user i. Term; Fees. Hosting Services are available at an additional authentication requirements for use of the Hosting Services. Licensee cost. For Hosting Services purchased concurrently with Licensee’s is solely responsible for monitoring its authorized users’ access to and license to Licensed Product, Licensee’s initial Hosting Term will begin use of the Hosting Services. PowerSchool has no obligation to verify upon PowerSchool’s written acknowledgment of Licensee’s order and the identity of any person who gains access to the Hosting Services by (1) terminate one year thereafter, (“Hosting Term”) unless a different means of an access ID. Any failure by any authorized user to comply Hosting Term is specified in PowerSchool’s written acknowledgment with the Agreement shall be deemed to be a material breach by of Licensee’s order, or unless terminated earlier in accordance with Licensee, and PowerSchool shall not be liable for any damages the terms of these Policies or the Agreement. Either party may incurred by Licensee or any third party resulting from such breach. terminate the provision of Hosting Services with effect as of the end of Licensee must immediately take all necessary steps, including the then-current Hosting Term by providing written notice to the other providing notice to PowerSchool, to effect the termination of an access party prior to the end of the then-current Term that such party does ID for any authorized user if there is any compromise in the security of not wish to renew the Hosting Term. PowerSchool will provide Licensee that access ID or if unauthorized use is suspected or has occurred. with at least sixty (60) days’ notice if PowerSchool determines that it 5. Data. Licensee has sole responsibility for the legality, will no longer offer Hosting Services to Licensee (but in any event will continue providing Hosting Services for the balance of the current term reliability, integrity, accuracy and quality of the data it processes through and submit to the Hosting Services.
Page 6 of 6
080216
DocuSign Envelope ID: OO4BAF1 3-BDB6-4A46-A843-298C8B5E840E
[
PowerSchool
October 1$, 2016
Re:
PowerSchool Group LLC Sole Source Affirmation
To Whom It May Concern: The purpose of this letter is to inform you that PowerSchool Group LLC and its affiliate companies (collectively, “PowerSchool”) are the sole source from which your school, school district or other educational institution may purchase the PowerSchool software and accompanying support, including fixes and enhancements. PowerSchool software includes PowerSchool SI$/$MS, PowerSchool Analytics, PowerSchool Assessment, PowerSchool Learning, PowerSchool Registration (formerly InfoSnap), PowerSchool Special Education (formerly TIENET), and all other software that PowerSchool may offer as part ofPowerSchool’s product line in the future. Additionally, any services provided using the PowerSchool software including, without limitation, hosting and implementation services for the PowerSchool product are only available through PowerSchool. PowerSchool Registration is the only enrollment solution provider for school registration who can connect to PowerSchool SIS securely using PowerSchool’s native APIs to deliver real time data, look for duplicate records, and provide integrated Single sign on capabilities for both parent and staff In February 2016, all other Online Registration providers were informed the API integration tool would not be available for their new clients. In addition, if using PowerSchool’s school selection, choice or lottery component(s), we are the only provider who can integrate those results into the registration process seamlessly, providing an end to end integrated registration solution.
Sincerely, Docusigned by:
Ur —E462F928DBCE46R.
Mark Oldemeyer, CFO
PowerSehool Group LLC
•
150 Parkshore Drive. folsom CA 95630
.
PowerSchool.com
3/,viwt/fl,9111/RtvC’W
?
Seattle Public Schools 3j3j 1 Sole Source Justification Form
*t’
Instructions •
This form must be completely filled out and must accompany a Personal Services Contract (PSC) over $25,000 whenever a sole source contract is requested. If purchasing goods and equipment, this form must be completed and accompany the Purchase Requisition (B2B/Market Place) whenever a sole source purchase is requested. For sole source purchases funded from federal grant money, this section must be completely filled out and must accompany any PSC that is over $3,500, if a sole source contract is requested. A sole source purchase is made when only one provider or supplier is available to meet the District’s needs. Approvals for sole source requests shall be made in accordance with the thresholds indicated in the Authority matrix.
•
The sole source purchase must meet the requirements of RCW 39.04.280, Competitive bidding requirements Exemptions: (a) Purchases that are clearly and legitimately limited to a single source of supply, or (b) Purchases involving special facilities or market conditions.
•
The District requires competition whenever practicable as part of good business practices. In cases where only one product or service is desired, competition should be used in obtaining the best price/service from dealers and distributors.
•
Completing this form does not guarantee that the proposed supplier will be selected. Additional information may be required. It is the requestor’s responsibility to provide all the required information and documentation indicated on this form.
—
THIS SOLE SOURCE REQUEST IS FOR THE USE OF A SPECIFIC (check appropriate box below): Personal or Purchased Service Vendor/Contractor Manufacturer, Brand and/or Model of goods, materials, software or equipment
INITIATORS’S DEPARTMENT INFORMATION Department
Department of Technology Services Nancy Peterson Director, Enterprise Applications and Data Services 40,067.55 .
Contact Name Ttl i e Contract amount:
$
Phone
X0480
E-mail
[email protected]
Phone
888.265.7641
PROPOSED VENDORJSUPPLIER INFORMATION Company Name PowerSchool LLC Address .
.
City, State, Zip ,
.
.
. .
Description of service:
P0 Box 398408 150 Parkshore DR, Folsom, CA 95630 Master scheduling workshop support and training. .
.
Email
[email protected]
Web Address
www.powerschool.com
PROPOSED MANUFACTURER INFORMATION (IF SUBMITTING REQUEST FOR A SPECIFIC MANUFACTURER, BRAND AND/OR MODEL) Manufacturer Description of goods, materials, software or equipment:
Procedure 6220SP.A Attachment 33 Sole Source Justification Form Page 1 of 5
Brand/Model #
Updated November 2016
Procedure 6220SP.A Attachment 3B Sole Source Justification form Page 2 of 5
Updated November 20[6
PLEASE ANSWER THE FOLLOWING QUESTIONS. Attach additional sheets if needed. 1.
Is the vendor or good specifically identified within a grant or sponsored project?
E Yes No If YES, provide backup documentation from the funding source confirming this.
For goods, is the product required to match or be compatible with current equipment? Yes No Not Applicable (request is for Services) If YES, describe.
3.
Have you used this vendor for these goods or services in the past? Yes No If YES, describe (years, duration) This is the fourth academic year using PowerSchool.
4.
How long into the future do you anticipate utilizing this vendor or manufacturer for these goods or services under a sole source designation? PowerSchool is the software developer of our Student Information System. We will continue to require services and support from PowerSchool while using this product.
5.
As stewards of public funds, competition is required whenever practicable to obtain the best price for goods or best value of services needed. a.
List the vendors that were contacted and indicate why their services or goods were not considered / appropriate. N/A
b.
How did the prices or fees compare to other vendors? Be specific. N/A
6.
a.
State the reason in detail why the product/service can only be provided by the recommended sole source vendor. This invoice covers vendor training and support for an annual Master Scheduling process, which is specific to the PowerSchool student information system (SIS). Each year PowerSchool facilitates new and recurring training to the school registrars, followed by scheduling workshops to ensure accurate configuration and loading of master schedules. The training includes updates to processes and procedures that are unique to the PowerSchool product.
b.
Include any documentation (ex. CV, product specifications, quote, proposal, website address, etc.) that supports your recommendation. Quote #: Q-20272-4 attached.
7.
If we do not contract with the proposed vendor, how would you accomplish this work? Are other options available? Please see attached PowerSchool Sole Source Affirmation Letter.
Procedure 6220SP.A Attachment 3B Sole Source Justification Form Page 3 of 5
Updated November 2016
Procedure 6220SP.A Attachment 3B Sole Source Justification Form Page 4 of 5
Updated November 2016
]
Sole Source Justification Approvals required -
This sole source form is to be attached to the Executive Approval Form (Superintendent Procedure 6220SP.A, Attachment 2) to obtain proper approval signatures as noted below. a
©
Sole Source Approvals
.
cj
.
c.z
a
c. :
a
cfJ
l)
.
.
a
a a
©
l)
Up to $25K
RA
RA
RA
RA
RA
RA
RA
RA,E
$75K $ lOOK
RA
RA
RA
RA
RA
RA
RA
E
$IOOK-$250K
RA
RA
RA
RA
RA
RA
RA
RA
E
RA
RA
RA
RA
RA
RA
RA
RA
E
—
$25K-$75K
Personal Services
-
Over $250K
—
RA,E
Goods, Materials,
Up to $75K
RA
RA
Software, Equipment and Purchased Services
$75K $ lOOK
RA
RA
RA
RA
RA
RA
RA
F
$ lOOK
RA
RA
RA
RA
RA
RA
RA
RA
-
-
$250K
RA
RA,E
E
Over $250K RA RA RA RA RA RA RA F RA RA Assistant Superintendent for Business and Finance has authority to execute sole source justifications up to $ lOOK. The Superintendent and Assistant Superintendent for Business and Finance must approve any sole source justification over $ lOOK. Sole source documentation or documentation of competition must be included with Personal Services Contract if over 525K, and must be included with sole source PSC if funded by federal grant money RA Review/Approval E Execute —
—
I have read and understand the District’s Board Policy 6220 for Procurement and the sole source procedures and certify that this contract meets the guidelines and requirements of sole source procurement.
Department
Date Printed Name
Reviewed and Approved by Dc p artment Manager or Director:
I
‘\
\\
Signature
7
// Date ,
—.
Procedure 6220SP.A Attachment 3B Sole Source Justification Form Page 5 of 5
/
I
/ 7 Printed Name
//
1!
(
Updated November 2016
DocuSign Envelope ID: 30DB5643-22B9-4683-9BC4-06955C9E5244
[
PowerSchool
March 1, 2017
Re:
PowerSchool Group LLC Sole Source Affirmation
To Whom It May Concern: The purpose of this letter is to inform you that PowerSchool Group LLC and its affiliate companies (collectively, “PowerSchool”) are the sole source from which your school, school district or other educational institution may purchase the PowerSchool software and accompanying support, including fixes and enhancements. PowerSchool software includes PowerSchool SIS/SMS, PowerSchool Analytics, PowerSchool Assessment, PowerSchool Learning, PowerSchool Registration (formerly InfoSnap), PowerSchool Special Education (formerly TIENET), and all other software that PowerSchool may offer as part of PowerSchool’s product line in the future. Additionally, any services provided using the PowerSchool software including, without limitation, hosting and implementation services for the PowerSchool product are only available through PowerSchool. Also, Training Services on the PowerSchool product are available primarily through PowerSchool. With the updates and enhancements in the product with every new release, and the integration of our software, training provided through PowerSchool is the only recommended delivery method.
Sincerely, ___DocuSined by:
I
3635E695D626406..
Jeff Dress, General Counsel
PowerSchool Group LLC
•
150 Parkshore Drive. Folsotn CA 95630
.
PowerSchool.com
i
;v
PowerSchool Group LLC 150 Parkshore Dr Folsom CA 95630 Quote /L Q-20272-4 Quote Expiration Date’ 2/28/2017
PowerSchool
Customer Contact: Nancy Petersen Title: Director of Enterprise Applications & Data Services
Prepared By: Heidi Meissel Customer Name: Seattle School District 1
Address: P0 Box 34165 City: Seattle
Enrollment: 49,500 #of Schools: 91.00
State/Province: Washington
Contract Term: 12 Months
Zip Code: 98124-1165 Phone #: (206) 252-0480
Start Date: 3/1/2017 End Date: 2/28/2018
Quantity
Product Description’
Unit
Unit Prices-
Extended Price
Training Services PS SIS Training and Consulting Onsite
1.00
-
Day
USD 80,000.00
Training Services Total: öijoteTota1fr::
.
.‘.
USD 80,000.00
USD 80,000.00
.
Year One Price
USD 80,000.00
EMS Credit-CM 2714
USD 39,932.45j
Year One Total
USD40,067.55
.JD
On-Going PowerSchool Subscription/Maintenance & Support Fees are invoiced at then current rates & enrollment per terms of the Licensed Product and Services Agreement, which may be subject to an annual increase after the first year for non-multi-year contracts and/or enrollment increases. Any applicable state sales tax has not been added to this quote. Subscription Start and expiration Dates shall be as set forth above, which may be delayed based upon the date that PowerSchool receives your purchase order. In the event that this quote includes promotional pricing, said promotional pricing may not be valid for the entire period, as stated herein, that governs this quotes validity. All invoices shall be paid within thirty (30) days of the date of invoice. All purchase orders must contain the exact quote number stated within.
Page 1 of 1
IP PowerSchool IMPORTANT: DO NOT ALLOW LICENSED PRODUCT (AS DEFINED BELOW) TO BE INSTALLED OR USED WITHOUT READING THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO ACCEPT THESE TERMS AND CONDITIONS, YOU MUST RETURN THE LICENSED PRODUCT TO POWERSCHOOL WITHIN TEN (10) DAYS OF RECEIPT. BY INSTALLING AND USING THE LICENSED PRODUCT AS PERMITTED BY THIS LICENSE OR ORDERING SERVICES (AS DEFINED BELOW), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. LICENSED PRODUCT AND SERVICES AGREEMENT Last updated as of August 2, 2016 DEFINITIONS. PowerSchool Group LLC, the licensor of i. Licensed Product pursuant to this Agreement, is referred to herein as “PowerSchool” The school, school district or other entity licensing Licensed Product is referred to herein as ‘Licensee.” This Licensed Product and Services Agreement is referred to herein as the “Agreement.” In addition, the following definitions shall apply: Documentation means all written user information, whether in i.i electronic, printed or other format, delivered or made available to Licensee by PowerSchool with respect to Licensed Product, now or in the future, including instructions, manuals, training materials, and other publications that contain, describe, explain or otherwise relate to Licensed Product. 1.2 Embedded Applications means software developed by third parties that may be embedded in or bundled with the software developed by PowerSchool as part of Licensed Product. 1.3 Hosting Services means the hosting of the Licensee’s license to the Licensed Product and Third Party Software by PowerSchool or its hosting providers from a server farm that is comprised of application, data and remote access servers used to store and run the Licensed Product and Ihird Party Software, including associated offline components. Licensed Product(s) means all software (including Embedded 1.4 Applications) and subsequent versions provided under Support Services and all related Documentation licensed to Licensee pursuant to this Agreement, now or in the future; provided, however, that Licensed Product shall not include any Third Party Software. 1.5 Licensed Sites means Licensee’s schools, administrative offices, at which Licensee conducts its school and other locations administrative functions. Professional Services means data conversion, implementation, 1.6 site planning, configuration, integration and deployment of the Licensed Products or Hosting Services, application development, training, project management and other consulting services. 1.7 Support Services is defined in section 3.1. of the Support and Services Policies attached hereto. Services means Support Services, Hosting Services and i.s Professional Services collectively. 1.9 State Reporting Code (or SRC) means Licensed Product that may be available to Licensee to assist Licensee in meeting specific state reporting requirements and that is designated as State Reporting Code by PowerSchool. 1.10 Third Party Software means any software product designated as Third Party Software by PowerSchool, and any related documentation supplied to Licensee. Any product designated as Third Party Software is licensed by an entity other than PowerSchool, under different license terms than those set forth heren. Third Party Software 5 different from Embedded Applications in that PowerSchool licenses the Embedded Applications to Licensee as part of Licensed Product (but in some cases, such Embedded Applications may be subject to additional license terms as identified herein). PowerSchool is not the licensor of Third Party Software. LICENSE GRANT 2. Basic Terms. Subject to the terms and conditions of this 2.; Agreement and the Privacy Policy located at http://www.powerschool.com/ customer-contract-privacy-policy, PowerSchool grants to Licensee a restricted, personal, non-exclusive, non-transferable license to use the Page 7 of 6
Licensed Product specified in the PowerSchool’s quotation or acceptance of License purchase order solely to support its school administrative functions, only at the Licensed Sites, not to exceed the maximurii student enroilment as set forth in Section 1 of the Supplemental Terms and Conditions. Such license shall be perpetual, unless it is specified in PowerSchool’s price quotation or proposal to Licensee that Licensee’s license will be limited to a specified length of time, or unless this license is terminated under the provisions of this Agreement. In no event may Licensed Product be: (a) used other than at the Licensed Sites; (b) made available via a network or otherwise to any school, school district or third party other than the Licensed Sites; or (c) used to perform service bureau functions for third parties or to process or manage data for locations other than the Licensed Sites. Licensed Product will be provided by PowerSchool and may be used by Licensee in executable code form only; source code to Licensed Product will not be provided. Licensed Product shall only be used as expressly authorized by this Agreement. 2.2 Copies. Licensee shall not make copies of, otherwise reproduce, or allow any unauthorized and/or third-party access to any Licensed Product, except that: (a) Licensee may make copies of the software component of any Licensed Product, in executable code form, only for backup or archival purposes; and (b) Licensee may make unlimited printed copies for Licensee’s internal use of any Documentation delivered by PowerSchool to Licensee. Licensee shall retain and include all of PowerSchool’s or any third parties’ copyright and other proprietary rights notices on all copies of Licensed Product. Licensee shall not otherwise reproduce Licensed Product. 2.3 Supplemental Terms and Conditions. The product-specific terms and conditions set forth in the Supplemental Terms and Conditions attached hereto are incorporated herein by reference. These additional terms and conditions are applicable to the extent that Licensee licenses any of the specific products or modules listed therein. 3. PROPRIETARY RIGHTS 3.1 Restrictions on Use of the Licensed Product and Services. Licensee shall use the Licensed Products and Services only for the internal business purposes of Licensee. Licensee shall not itself, or through any affiliate, employee, consultant, contractor, agent or other third party: (i) sell, resell, distribute, host, lease, rent, ficense or sublicense, in whole or in part, the Licensed Products or Services; (ii) decipher, decompile, disassemble, reverse assemble, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architecture, structure or other elements of the Licensed Products or Services, in whole or in part, for competitive purposes or otherwise; (iii) write or develop any derivative works based upon the Licensed Product or Services; (iv) modify, adapt, translate or otherwise make any changes to the Licensed Products or Services or any part thereof; (vi) use the L:consed Products or Services to provide processing services to third parties, or otherwise use the same on a ‘service bureau’ basis; (vii) disclose or publish, without PowerSchool prior written consent, performance or capacity statistics or the results of any benchmark test performed on the Licensed Products or Services; or (viii) otherwise use or copy the same except as expressly permitted herein. Licensee shall not transfer, assign, provide or otherwise make Licensed Products, Services or this Agreement available to any other party without the prior written consent of PowerSchool. Any attempted sublicense, assignment or transfer of any rights, duties or obligations by Licensee in violation of this Agreement shall be void. Licensee shall hold PowerSchool harmless from claims for damages resulting from Licensee’s misuse of the 080216
PowerScnooI PowerSchool Group LLC PowetSchool Group LLC 150 Parkshore Drive Folsom CA 95630 U t U States
Credit Memo Date Credit#
1/31/2017 CM2714
PO# a es ep Subsidiary Currency Exchange Rate Shipping Code (2)
8100004611 ei I esse PowerSchool Group LLC USD 1.00
Bill To Seattle School District 1 PC Box 34165 Seattle WA 98124-1165 United States
5207 TSG ENTERPRISE MANAGEMEN I SERVICE
PS SIS Enterprise Management Service Annual Fee
1
Ps SIS Enterprise Management Service Annual Fee
36,434.71
36,434.71
Subtotal Tax Total Total
9.6%
36,434.71 3,497.74 $39,932.45
Licensed Products and Services, including PowerSchool’s intellectual property. 3.2 Intellectual Property Rights. Licensed Product is proprietary to PowerSchool and/or third parties and is protected by copyright, trade secret, and other intellectual property rights. The placement of a copyright notice on any portion of Licensed Product does not mean that such portion has been published and will not derogate any claim of trade secret protection for the same. Title to all complete or partial copies, and all applicable rights to copyrights, patents, trademarks and trade secrets in Licensed Product, are and shall remain the property of PowerSchool or their other owners, as applicable. 3.3 Confidentiality. Licensee agrees to keep Licensed Product confidential and to prevent unauthorized disclosure or use of Licensed Product in Licensee’s possession. Licensee shall notify PowerSchool immediately in writing of any unauthorized use or distribution of Licensed Product of which Licensee becomes aware and shall take all steps necessary to ensure that such unauthorized use or distribution is terminated. For any Licensed Product for which PowerSchool makes available passwords or other user identification technology to access such Licensed Product, Licensee shall advise all users of such passwords or other user identifications that such passwords or user identifications must be maintained in confidence and not transmitted or shared. SUPPORT AND OTHER SERVICES. Any Support and/or 4. Professional Services and/or Hosting Services ordered from PowerSchool by Licensee in connection with the license of Licensed Product shall be provided by PowerSchool pursuant to PowerSchool’s terms, conditions and policies applicable at the time of order to the particular Services purchased. PowerSchool’s current terms, conditions and policies for delivery of Support and Services, which are subject to change from time to time, are attached hereto as the Support and Services Policies. Licensee’s license of Licensed Product does not, by itself, entitle Licensee to any support, upgrades, patches, fixes or the like for Licensed Product; Licensee must maintain a current Support subscription and pay any applicable Support fees to be eligible for Support Services. Support Services must be purchased for all licenses in Licensee’s possession. Support may not be purchased or renewed for a subset of such licenses only. Support Services may not be used as a substitute for Professional Services. 5. FEES AND TAXES. Licensee agrees to pay .PowerSchool, in accordance with PowerSchool’s invoice terms, the fees charged for the Licensed Products and related Services and/or other items ordered by Licensee, together with any other charges made in accordance with this Agreement, and all applicable sales, use or other taxes or duties, however designated, except for taxes based on PowerSchool’s net income. Licensee agrees to also pay for PowerSchool’s reasonable travel and lodging expenses for Services performed at Licensee’s premises, at actual cost. If Licensee claims tax exempt status, Licensee agrees to provide evidence of such tax exemption upon PowerSchool’s request. To the extent that such tax exemption cannot be properly claimed or does not extend to certain taxes or transactions, Licensee shall be responsible for any and all taxes and assessments that arise from this Agreement and related transactions (except for taxes based upon PowerSchool’s net income). Licensee shall pay a monthly charge of 1.5% (18% annually) on all amounts not paid when due, or, if a lower maximum rate is established by law, then such lower maximum rate. All pricing set forth in any PowerSchool quotation or invoice is in United States dollars unless otherwise specified. 6. THIRD PARTY SOFTWARE LICENSE TERMS; EMBEDDED APPLICATIONS; OPEN SOURCE SOFTWARE. Any software designated by PowerSchool as Third Party Software is provided to Licensee pursuant to a separate license agreement between Licensee and the third party supplier, which will be provided to Licensee by the third party supplier. All support, warranties, and services related to Third Party Software are provided by the supplier of the Third Party Software under such third party’s terms and conditions, and not by PowerSchool, unless otherwise specifically provided under this Agreement. Only Sections 5, 6, 9 and 12 of this Agreement apply to Third Party Software and any related support and services set forth in this Agreement. In addition, Licensed Product may contain Embedded Applications. If any additional license terms are identified in the Supplemental Terms and Conditions with respect to any Embedded Applications, Licensee shall Page 2 of 6
comply with such conditions with respect to such applications. Certain Embedded Applications may also be subject to “open source” licensing terms. In some cases, the open source licensing terms may conflict with portions of this Agreement, and to the extent of any such conflict, the open source licensing terms shall govern, but only as to the software components subject to those terms. Notwithstanding the foregoing, Licensee acknowledges that if any open source software component is licensed under terms that permit Licensee to modify such component, and if Licensee does so modify such component, then PowerSchool will not be responsible for any incompatibility with such modifications and the remainder of the Licensed Product. COMPATIBLE PLATFORMS’HARDWARE. Licensee is 7. responsible for obtaining and maintaining an appropriate operating environment with the necessary hardware, operating system software and other items required to use and access Licensed Product. PowerSchool will not be responsible for any incompatibility between Licensed Product and any versions of operating systems, hardware, browsers or other products not specifically approved by PowerSchool for Licensee’s use with Licensed Product. PowerSchool will make written requirements available to Licensee at Licensee’s request. s. LIMITED MEDIA WARRANTY. PowerSchool warrants that the media on which Licensed Product is recorded shall be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase. Licensee’s exclusive remedy under this Section shall be replacement of the defective media. DISCLAIMER OF OTHER WARRANTIES. LICENSED PRODUCT AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND (EXCEPT AS PROVIDED IN SECTION 8), AND POWERSCHOOL AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, POTENTIAL IMPLEMENTATION DELAYS, AND NON-INFRINGEMENT. POWERSCHOOL DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED IN THE LICENSED PRODUCT WILL MEET LICENSEE’S REQUIREMENTS, OR THAT THE OPERATION OF THE LICENSED PRODUCT OR HOSTING SERVICES WILL BE UNINTERRUPTED OR ERRORFREE, OR THAT DEFECTS IN THE LICENSED PRODUCT WILL BE CORRECTED. FURTHERMORE, POWERSCHOOL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE LICENSED PRODUCT OR SERVICES IN TERMS OF CORRECTNESS, RELIABILITY, SECURITY ACCURACY, OR OTHERWISE. LICENSEE AGREES THAT THE USE OF LICENSED PRODUCT AND SERVICES IS AT LICENSEE’S OWN RISK. NO ORAL OR WRITTEN INFORMATION BY OR ADVICE GIVEN POWERSCHOOL OR A POWERSCHOOL REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO LICENSEE. 9.
10. REPORTING STATE CODE. Unless PowerSchool specifically offers SRC for Licensee’s state, PowerSchool makes no representation that Licensed Product includes any SRC designed to meet the reporting requirements of Licensee’s state. If PowerSchool does offer SRC for Licensee’s state, Licensee acknowledges that the SRC is intended as a tool to assist Licensee in complying with state regulatory requirements; however, PowerSchool does not warrant that the SRC conforms to, or that use of the SRC will ensure Licensee’s compliance with, all state regulatory requirements that may apply or that the SRC will be maintained to conform to such requirements now or in the future, It is Licensee’s, and not PowerSchool’s, responsibility to understand and comply with all such requirements. 11. TERMINATION Termination for Breach. PowerSchool shall have the right to II.; suspend performance under this Agreement in the event that Licensee is in breach of any of its obligations under this Agreement. In addition, either party shall have the right to terminate this Agreement in whole or in part upon thirty (30) days written notice to the other party, in the event
080276
the other party materially breaches this Agreement and fails to correct such breach within such thirty (30) day period; provided that PowerSchool shall have the right to terminate this Agreement immediately upon written notice In the event that Licensee breaches any of its obligations under Section 3. Licensee further acknowledges that, as breach of the provisions of Section 3 could result in irreparable injury to PowerSchool, PowerSchool shall have the right to seek equitable relief against any actual or threatened breach thereof, without proving actual damages. 11.2 Effects of Termination. In the event of any termination of all or any portion of this Agreement, Licensee shall not be relieved of any obligation to pay any sums of money that have accrued prior to the date of termination. In addition, the provisions of Sections 3, 5, 6, 9, 11, 12 and 13 shall survive termination of this Agreement. Immediately upon any termination of a license for any Licensed Product under this Agreement, Licensee shall, at its own expense, either return to PowerSchool or destroy all copies of such Licensed Product and assüciated Third Party Software in its possession or control, and shall forward written certification to PowerSchool that all such copies of such Licensed Product and Third Party Software have either been destroyed or returned to PowerSchool. Liquidated Damages. In the event that Licensee enters into 11.3 a multi-year contract with PowerSchool and Licensee terminates the contract or any portion thereof, Licensee agrees to pay PowerSchooI the remaining sum due to PowerSchool through the stated term of the contract as liquidated damages, as actual damages being impossible to calculate. This clause shall not apply in the event Licensee terminates this Agreement as a result of PowerSchool’s breach in accordance with Subsectionll.1 herein. Notwithstanding the foregoing, Licensee shall not be liable for said liquidated damages in the event that: (I) Licensee provides PowerSchool at least thirty (30) days’ advance notice of termination prior to the effective date anniversary; and (ii) said termination is a result of the non-appropriation of funds for Licensee’s contract. Licensee shall not utilize this clause as a right to terminate the contract for convenience. PowerSchool reserves the right to seek documentation evidencing the non-appropriation of funds. LIMITATION OF LIABILITY. POWERSCHOOL SHALL NOT 12. BE LIABLE TO LICENSEE FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES; OR LOST PROFITS, LOST FUNDiNG, LOST SAVINGS, OR LOST OR DAMAGED DATA; OR FOR CLAIMS OF A THIRD PARTY; ARISING OUT OF THIS AGREEMENT, LICENSED PRODUCT, THIRD PARTY SOFTWARE, SUPPORT, SERVICES, OR OTHER ITEMS PROVIDED, OR THE USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF POWERSCHOOL HAS BEEN ADVISED OF THE ARE OR THEY DAMAGES OF SUCH POSSIBILITY FORESEEABLE. IN ANY EVENT, IN RESPECT OF ANY CLAIM, DEMAND OR ACTION ARISING OUT OF THIS AGREEMENT, LICENSEE SHALL BE LIMITED TO RECEIVING ACTUAL AND DIRECT DAMAGES IN A MAXIMUM AGGREGATE AMOUNT EQUAL TO THE CHARGES PAID BY LICENSEE TO POWERSCHOOL HEREUNDER FOR THE APPLICABLE LICENSED PRODUCT, ITEM OR SERVICE ON WHICH THE CLAIM IS BASED IN THE PREVIOUS TWELVE (12) MONTHS. IN ADDITION, IN NO EVENT WILL THE LIABILITY OF POWERSCHOOL RELATING TO SUPPORT SERVICES OR HOSTING SERVICES EXCEED THE TOTAL AMOUNT OF MONEY PAID BY LICENSEE TO POWERSCHOOL DUR!NG THE IMMEDIATELY PRECEDING TWELVE (72) MONTH PERIOD WITH RESPECT TO THE PARTICULAR SUPPORT SERVICES OR HOSTING SERVICES ON WHICH THE CLAIM IS BASED. GENERAL Governing Law. THIS AGREEMENT SHALL BE GOVERNED 13.1 BY THE LAWS OF THE STATE OF CALIFORNiA. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. This Agreement shall not be subject to the Uniform Computer Information Transactions Act. Compliance Verification. During the term of the Agreement and 13.2 for a period of one year following its termination, PowerSchool shall have the right to verify Licensee’s lull compliance with the terms and requirements of the Agreement. Licensee shall (A) provide any assistance 3.
Page 3of6
reasonably requested by PowerSchool or its designee in conducting any such audit, including installing and operating audit software, (B) make requested personnel, records, and information available to PowerSchooi or its designee, and (C) in all cases, provide such assistance, personnel, records, systems access and information in an expeditious manner to facilitate the timely completion of such compliance verification. If such verification process reveals any noncompliance, Licensee shall reimburse PowerSchool for the reasonable costs and expenses of such verification process incurred by PowerSchool (including but not limited to reasonable attorneys’ fees), and Licensee shall promptly cure any such noncompliance; provided, however, that the obligations under this section do not constitute a waiver of PowerSchool’s termination rights and do not affect PowerSchool’s right to payment for Services and interest fees related to usage in excess of the quantities purchased. 13.3 General Provisions. Neither party shall be held liable to the other party for failure of performance where such failure is caused by supervening conditions beyond that party’s control, including acts of God, civil disturbance, strikes or labor disputes. If any provision of this Agreement is invalid or unenforceable under any applicable statute or rule of law, this Agreement shall be enforced to the maximum extent possible to effectuate the original express intent of the parties. Licensee may bring no action arising out of this Agreement, regardless of form, more than one (1) year after the cause of action has arisen. In the case of notices to PowerSchool, such notices shall be sent to: PowerSchool Group LLC, Attn General Counsel, 150 Parkshore Drive, Folsom, CA 95630. In the case of notices to Licensee, such notices shall be sent to PowerSchool’s address of record for Licensee. Either party may change its notice address by notifying the other in like manner. Licensee agrees that the terms of this Agreement, including all pricing for PowerSchool’s products and services, shall be kept confidential and not disclosed to any third party without the prior written consent of PowerSchool. 13.4 Facilities. Licensee acknowledges that certain Services are intended to be performed by PowerSchool off-site (e.g., through remote communication capabilities). If any portion of the work will be performed on Licensee’s premises, Licensee agrees to provide appropriate access to utilities, work space and other on-site accommodations reasonably necessary to enable PowerSchool to perform such work. Confidentiality. PowerSchool agrees to use commercially 13.5 reasonable efforts to maintain the confidentiality of Licensee confidential information that is disclosed to PowerSchool in connection with the performance of services, and to use such Licensee confidential information solely for purposes of performing services hereunder. PowerSchool shall require its employees, agents and subcontractors performing work hereunder to do likewise. For purposes of this Section, “Licensee confidential information” shall mean any student or personnel data belonging to Licensee, or any other Licensee information or data labeled or identified as confidential at the time of disclosure, provided, however, that this definition and the obligations of this Section shall not extend to any information that: (a) is or becomes publicly known through no fault or negligence of PowerSchool; (b) is or becomes lawfully available from a third party without restriction; (c) is independently developed by PowerSchool; or (d) is disclosed without restriction by Licensee to any third party at any time. 13.6 Limited License. Licensee grants to PowerSchool a nonexclusive, royalty free license, to use equipment, software, Licensee data or other material of Licensee solely for the purpose of performing its oblgatons under the Agreement. However, PowerSchool may use and distribute the Licensee data for any lawful purpose outside the scope of the Agreement, provided always that such Data must be aggregated and/or de-identified. 13.7 Export. Without in any way limiting the restrictions on transfer set forth elsewhere in this Agreement, Licensee specifically agrees that Licensee will not, directly or indirectly, export or transfer any exportcontrolled commodity, technical data or software: (a) in violation of any laws, regulations, rules or other limitations imposed by any government authority; or (b) to any country for which an export license or other governmental approval is required at the time of export, without first obtaining all necessary licenses or other approvals. 13.8 U.S. Government Restricted Rights. Licensed Product is a “commercial item” as that term is defined in 43 C.F.R. §2.101, 080216
consisting of ‘commercial computer software’ and “commercial computer software documentation” as such terms are defined in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable, and all as amended from time to time. Consistent with 48 C.F.R. §12.212, 48 C.F.R. §227.7202 and 48 C.F.R. §52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, and all as amended from time to time, all U.S. Government end users acquire Licensed Product only with those rights set forth herein. Entire Agreement. This Agreement, inclusive of the 13.9 Supplemental Terms and Conditions and the Support and Services Policies incorporated herein, or any addendums, amendments, and/or exhibits mutually executed and attached hereto, constitutes the complete
and entire agreement between the parties with respect to its subject matter, and supersedes all prior discussions, understandings, arrangements, proposals and negotiations with respect to same. The terms and conditions of this Agreement shall prevail notwithstanding any variance with the terms and conditions of any purchase order or other documentation submitted by Licensee with respect to Licensed Product or any related support or services, and PowerSchool hereby refuses any such different or additional provisions in purchase orders or other documents. By mutual agreement of the parties, this Agreement is effective upon receipt and supersedes all prior Agreements entered into by the parties, the parties’ agents, and/or the parties’ previous affiliates. This Agreement shall not be modified or amended without the written agreement of both parties.
SUPPLEMENTAL TERMS AND CONDITIONS PRICING; ENROLLMENT INCREASES. License pricing for 2.2 GPL Software. Certain Embedded Applications included with the Licensed Product is based on student enrollment at the Licensed Sites. Licensed Product may be free software licensed under the terms of If an increase in student enrollment in excess of five percent (5%) the GNU General Public License (GPL). Licensee may obtain a occurs at the Licensed Sites, then Licensee shall pay additional license complete machine-readable copy of the source code for such free fees to PowerSchool in accordance with PowerSchool’s invoice. Such software under the terms of the GPL, without charge except for the additional license fees shall be computed by multiplying the then- cost of media, shipping, and handling, upon written request to current per student license fee for Licensed Product by Licensee’s PowerSchool. The GPL software is distributed in the hope that it will additional enrollment. Licensee’s subsequent Support invoices will be be useful, but WITHOUT ANY WARRANTY, including even the implied based on the increased enrollment as well. warranties of MERCHANTABILITY or FITNESS FOR A PARTICULAR TERMS RELATING TO EMBEDDED APPLICATIONS 2. PURPOSE. A complete copy of the GPL is included within the Licensed Oracle. The following terms are applicable to a certain Product. 2.1 Embedded Application known as Oracle Database Enterprise Edition HARDWARE. If, in conjunction with Licensee’s licensure of 3. (the “Oracle Software”): Licensed Product, Licensee is purchasing any hardware through (a) The Oracle Software may only be used in conjunction with the PowerSchool, Licensee acknowledges that such hardware purchase Licensed Product and solely for Licensee’s internal business purposes. is being facilitated by PowerSchool as an accommodation to Licensee Oracle USA, Inc. (“Oracle”) shall have no liability whatsoever to only. The warranties on any hardware not manufactured by (b) Licensee for any damages, whether direct, indirect, incidental, or PowerSchool will be limited to those provided by the manufacturers of consequential arising from Licensees use of Licensed Product or the such hardware and/or the vendors through which such hardware is being supplied. PowerSchool will pass through any manufacturer’s or Oracle Software. Licensee is prohibited from publishing the results of any other vendor’s warranty to the extent permitted by the manufacturer (c) or other vendor, as applicable. Licensee agrees to look solely to the benchmark tests run on the Oracle Software. (d) Licensee shall be prohibited from timesharing, rental, facility applicable manufacturer or other vendor, and not to PowerSchool, to fulfill any such warranties and any maintenance, repair, support, or management, or service bureau use of the Oracle Software. (e) Licensee’s records may be audited, by PowerSchool or Oracle, other service obligations related to such hardware. Unless otherwise during normal business hours to verify compliance with the terms of this specifically agreed to in writing by PowerSchool, PowerSchool does not provide support for any of the hardware or third party software Agreement. being purchased by Licensee through PowerSchool. Any requests for Oracle shall be a third party beneficiary of this Agreement. (0 Oracle shall have no performance obligation or liability to such support should be directed to the applicable hardware or software (g) manufacturer. Licensee further agrees that any claims related to any Licensee in connection with this Agreement. Should the Oracle Software contain any source code provided such hardware, whether for breach of warranty or otherwise, must (h) by Oracle, such source code shall be governed by the terms of this be made directly against the applicable manufacturer or other vendor, and not against PowerSchool, and that PowerSchool shall have no Agreement. liability whatsoever in connection with such claims. 1.
SUPPORT AND SERVICES POLICIES New Products shall mean new products, programs or modules Definitions. Capitalized terms not defined herein shall have the developed by PowerSchool that provide features, functions or 1. meanings assigned to them in the applicable Licensed Product applications not included in the Licensed Product originally licensed by Agreement (“Agreement”) between Licensee and PowerSchool to Licensee and for which additional license fees apply as determined by which these Support and Services Policies (“Policies”) are attached. In PowerSchool. A New Product may be usable with or in addition to the addition, for purposes of these Policies, the following definitions shall Licensed Product originally licensed by Licensee. New Products will be licensed to Licensee under the terms of PowerSchool’s then-current apply: license agreement only after payment of applicable fees. Errors shall mean a reproducible failure of Licensed Product to Version shall mean an updated version of Licensed Product operate in accordance with its standard Documentation, despite the New proper installation and use of Licensed Product in a proper operating issued by PowerSchool, which may include Fixes, together with such environment and on hardware and system software sufficient to meet other modifications, updates, enhancements and improvements to PowerSchool’s then-current minimum requirements, which are subject Licensed Product that PowerSchool may, in its discretion, develop and to change as New Versions are released. User mistakes are not deem ready for distribution and that PowerSchool standardly provides Errors within the meaning of these Policies. Errors may be due to to all customers with a current support subscription to such Licensed Product. problems in Licensed Product, the Documentation, or both. Support Services shall mean those support services described in Fix shall mean a patch, service pack or corrective update of Licensed Product that PowerSchool may prepare in its discretion on an interim Section 3.1 below that will be provided hereunder with respect to basis, prior to issuance of a New Version, to correct programming Licensed Product during Licensee’s Support Term. Errors that prevent or obstruct normal operation of Licensed Product in Support Term shall mean the length of time Support Services are to be provided hereunder and for which Licensee has paid any applicable accordance with the applicable then-current Documentation. I.
SUPPORT SERVICES
Page 4of6
080216
Support Services fees, including any initial Support Term and any renewal Support Terms. Telephone and E-mail Support shall mean telephone and e-mail available Monday through Friday, during support services, PowerSchool’s normal business hours, exclusive of PowerSchool’s holidays, regarding Licensee’s use of Licensed Product and any problems that Licensee experiences in using Licensed Product. Support Term; Fees. Support Services for Licensed Product 2. are available at an additional cost. For Support Services purchased concurrently with Licensee’s license to Licensed Product, Licensee’s initial Support Term will begin upon shipment of Licensed Product (or, in the case of Licensed Product made available for download electronically, upon PowerSchool’s provision of the necessary licensing information to enable Licensee to download Licensed Product) and terminate one (1) year thereafter, unless a different Support Term is specified in PowerSchooi’s written acknowedgment of Licensee’s order, or unless terminated earlier in accordance with the terms of these Policies or the Agreement. Either party may terminate the provision of Support Services as of the end of the thencurrent Support Term by providing written notice to the other party prior to the end of the then-current Support Term that such party does not wish to renew the Support Term. Licensee shall provide written notice of non-renewal at least thirty (30) days prior to the applicable Support Term. If no notice of non-renewal is given by either party, the Support Term will automatically renew for the applicable renewal term stated on PowerSchool’s renewal invoice at the then current Support fees; otherwise, Licensee’s Support Term will terminate at the end of Licensee’s current paid-up Support Term. If Licensee’s Support Term is so terminated due to non-payment, and then PowerSchool subsequently reinstates Licensee’s access to support, such reinstated access shall remain subject to the terms of these Policies and payment of applicable reinstatement fees. PowerSchool reserves the right to charge reinstatement fees in the event deactivated licenses are reactivated. For the initial Support Term, Licensee shall pay the charges specified in PowerSchool’s initial invoice. For renewal Support Terms, Licensee shall pay PowerSchool’s then-current annual Support Services fees. PowerSchool may supply new or modified Support and Services Policies or other terms and conditions to Licensee related to the provision of Support Services in a renewal term, in which event such new or modified Support and Services Policies or other terms and conditions will govern PowerSchool’s provision of Support Services in such renewal term. Support Services Scope. PowerSchool, or an entity under 3. contract with and authorized by PowerSchool to provide Support Services, will provide Support Services for Licensed Product during the Support Term. The scope of Support Services shall be as follows: Support. Support Services shall include: (a) Telephone and E-mail Support; (b) access to an online support website, as maintained by PowerSchool for customers maintaining a current support subscription; (c) Fixes, as developed and made generally available by PowerSchool in its discretion to address Errors that Licensee is experiencing in using Licensed Product; and (U) New Versions, as developed and made generally available by PowerSchool. Support Services do not include New Products. PowerSchool determines, in its sole discretion, what constitutes a New Product (for which additional license fees apply), and what improvements and enhancements to existing Licensed Product functionality are to be included in a New Version (and are therefore provided at no charge to customers with a current support subscription). Custom Programs. For any custom programs developed for 3.2 Licensee by PowerSchool, Support Services are available only on a time and materials basis at PowerSchool’s current rates and charges for these services; support for custom programs is not included in Support Services. In addition, to the extent that Licensed Product includes any functionality that allows Licensee to customize screens or reports, PowerSchool will support the application infrastructure utilized to create such customizations but Will not be responsible for supporting any such customizations.
3.1
Page 5 of 6
Requisite Training. In order to receive Support Services described herein, Licensee must purchase appropriate training regarding the use and operation of Licensed Product. Telephone and E-mail Support may be limited to a specified number of authorized representatives of Licensee who have been appropriately trained. 3.4 Enhancements to SRC. PowerSchool may provide certain enhancements to SRC to customers that are current in their payment of annual Support fees for the SRC to PowerSchool. However, PowerSchooi reserves the tight, in its disctetion: (a) to requite that additional fees be paid by customers desiring that SRC be updated in connection with new reporting requirements in their state, in the event that such state’s education department or equivalent entity makes changes to the state’s reporting requirements that were not anticipated at the time PowerSchool determined its applicable Support fees for the SRC in that state; or (b) not to make further changes or enhancements to SRC in a given state based on lack of market demand, the nature and scope of the changes required, or other factors.
3.3
Authorized Representatives. f Licensee has purchased Support Services for the Licensed Product from PowerSchool, then in order to receive such Support Services, Licensee shall identify to PowerSchool up to two (2) people who will contact PowerSchool with any technical and product questions (“Authorized Representatives”). If it is desired that additional Authorized Representatives be permitted to contact PowerSchool for Support, Licensee must pay additional Support fees for such additional Authorized Representatives. All such Authorized Representatives shall complete, at a minimum, PowerSchool’s Initial Product Training for the Licensed Product. Licensee shall provide PowerSchool with a written list of its Authorized Representatives as part of the implementation process for the Licensed Product, and shall keep PowerSchool informed of replacements for Authorized Representatives as soon as possible after the replacements occur. To receive Support s. Licensee’s Other Responsibilities. Services, Licensee shall: (a) report Errors or suspected Errors for which Support Services are needed, and supply PowerSchool with sufficient information and data to reproduce the Error; (b) procure, install, operate and maintain hardware, operating systems and other software that are compatible with the most current supported version of Licensed Product; (c) establish adequate operational back-up provisions in the event of malfunctions or Errors; (d) maintain an operating environment free of any modifications or other programming that might interfere with the functioning of Licensed Product; (e) maintain hardware and system software consistent with PowerSchool’s minimum requirements; and (f) timely install all Fixes and New Versions supplied by PowerSchool in the proper sequence, and have the most current version of Licensed Product installed. Licensee acknowledges that Fixes and New Versions may be made available electronically, and that, in some cases, PowerSchool may maintain e-mail distribution lists that are used to notify customers of the availability of Fixes and New Versions and to provide other information to customers that are maintaining a current support subscription. Licensee shall be responsible for including the appropriate Licensee personnel on any such e-mail distribution lists of PowerSchool so that Licensee receives such notifications and other information. 6. Support For Prior Versions. Licensee must timely install all Fixes and New Versions to receive Support Services. In some cases, it may not be practical for certain customers to install a New Version immediately upon release. Therefore, PowerSchooi may, in its discretion, continue to provide Telephone and E-mail Support for the prior version of L;censed Product for a period of t:me after release of a New Version. Licensee acknowledges that Fixes and other code maintenance will not be available for prior versions of Licensed Product (including SRC) after the release of a New Version. PROFESSIONAL SERVICES II. ;. Fees and Expenses. In addition to providing Support Services during the Support Term, PowerSchool will perform such other Professional Services (training, installation, consulting, project management, etc.) as may be specified in PowerSchool’s written
4.
U8U27b
acknowledgment of Licensee’s order, or as may be subsequently agreed upon by the parties; provided that PowerSchool may, at its option, arrange for any such services to be performed by another entity on behalf of PowerSchool. Licensee agrees to pay for such services at the rates and charges specified in PowerSchool’s written acknowledgment of Licensee’s order, or, for work subsequently requested, at the rates agreed upon by Licensee and PowerSchool for such subsequent work. PowerSchool reserves the right to require a purchase order or equivalent documentation from Licensee prior to performing any such Services, or to require prepayment of certain Services. Unless otherwise specified, all rates quoted are for services to be performed during PowerSchool’s normal business hours; additional charges may apply for evenings, weekends or holidays. Licensee shall also pay PowerSchool for travel expenses (lodging, meals, transportation and other related expenses) incurred in the performance of services. Al) such additional charges will be due and payable concurrently with payment for services. PowerSchool reserves the right to impose a minimum labor charge for each on-site visit. The rates and charges specified in PowerSchool’s acknowledgment of Licensee’s order shall apply to those services originally ordered; however, PowerSchool reserves the right to change service rates or other terms as a condition of entering into any subsequent service engagement. In the event that Licensee pays in advance for any services, all services must be scheduled and delivered within twelve (12) months of such payment, unless otherwise agreed in writing by PowerSchool; any portion of any prepaid services amount that has not been used by Licensee toward services actually rendered within such twelve (12) month period shall be forfeited. Training. PowerSchool reserves the right to limit the number 2. of persons permitted to attend any training class in accordance with PowerSchool’s training standards. 3. Services Cancellation. Licensee shall pay a cancellation charge equal to fifty percent (50%) of the services fee and any nonrefundable expenses incurred by PowerSchool if Licensee cancels any scheduled professional services less than fourteen (14) days before the occurrence of any service dates that PowerSchool has scheduled at Licensee’s request. Ownership Of Materials. PowerSchool shall be the owner of 4. all copyrights, patent rights and other intellectual property rights in any or other deliverables software code, documentation, reports (collectively, “Deliverables”) created for or provided to Licensee pursuant to Professional Services. Provided that Licensee pays PowerSchool all fees and expenses associated with the development and provision of such Deliverables, Licensee shall have a paid-up, royalty-free license to use such Deliverables for Licensee’s internal use only, solely for the purpose for which such Deliverables were provided. Nothing in this Agreement shall prevent PowerSchool from providing any Deliverables to PowerSchool’s other customers or third parties. Notwithstanding the foregoing, PowerSchool acknowledges and agrees that any Licensee confidential information (as defined in Section 13.5 of these Policies) that is incorporated into any Deliverable remains subject to the provisions of such Section. HOSTING SERVICES Ill. Term; Fees. Hosting Services are available at an additional 1. cost. For Hosting Services purchased concurrently with Licensee’s license to Licensed Product, Licensee’s initial Hosting Term will begin upon PowerSchool’s written acknowledgment of Licensee’s order and terminate one (1) year thereafter, (“Hosting Term”) unless a different Hosting Term is specified in PowerSchool’s written acknowledgment of Licensee’s order, or unless terminated earlier in accordance with the terms of these Policies or the Agreement. Either party may terminate the provision of Hosting Services with effect as of the end of the then-current Hosting Term by providing written notice to the other party prior to the end of the then-current Term that such party does not wish to renew the Hosting Term. PowerSchool will provide Licensee with at least sixty (60) days’ notice if PowerSchool determines that it will no longer offer Hosting Services to Licensee (but in any event will continue providing Hosting Services for the balance of the current term
Page 6 of 6
for which Licensee has prepaid for such Services). If no notice of nonrenewal is given by either party, then PowerSchool will invoice Licensee for the applicable renewal fees for a subsequent Hosting Term. If Licensee’s Hosting Term is so terminated due to non payment, and then PowerSchool subsequently reinstates Licensee’s access to Hosting Services, such reinstated access shall remain subject to the terms of these Policies and payment of applicable reinstatement fees. For the initial Hosting Term, Licensee shall pay the charges specified in PowerSchool’s initial invoice. For renewal Terms, Licensee shall pay PowerSchool’s then-current annual Hosting Services fees. PowerSchool may supply new or modified Support and Services Policies or other terms and conditions to Licensee related to the provision of Hosting Services in a renewal term, in which event such new or modified Support and Services Policies or other terms and conditions will govern PowerSchool’s provision of Hosting Services in such renewal term. Should Licensee decide to terminate hosting services, Licensee will retain its license to Licensed Product, subject to the terms of this Agreement. 2. Availability. Licensee acknowledges and agrees that the Licensed Product may be inaccessible or inoperable from time to time due to planned maintenance or to causes that are beyond the control of PowerSchool or are not reasonably foreseeable by PowerSchool, including, but not limited to: the interruption or failure of telecommunication or digital transmission links; hostile network attacks; network congestion; or other failures (collectively “Downtime”). PowerSchool shall use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the Licensed Product caused by Downtime, whether scheduled or not. 3. Acceptable Use Policy. Licensee acknowledges and agrees that PowerSchool does not monitor or police the content of communications or data of Licensee or its users transmitted through the Services, and that PowerSchool shall not be responsible for the content of any such communications or transmissions. Licensee shall use the Services exclusively for authorized and legal purposes, consistent with all applicable laws and regulations and PowerSchool’s policies. Licensee agrees not to post or upload any content or data which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) violates the rights of others, such as data which infringes on any intellectual property tights or violates any right of privacy or publicity; or (c) otherwise violates any applicable law. PowerSchool may remove any violating content posted or transmitted through the Hosting Services, without notice to Licensee. PowerSchool may suspend or terminate any user’s access to the Hosting Services upon notice in the event that PowerSchool reasonably determines that such user has violated the terms and conditions of this Agreement. 4. Security. Licensee will not: (a) breach or attempt to breach the security of the Hosting Services or any network, servers, data, computers or other hardware relating to or used in connection with the Hosting Services, or any third party that is hosting or interfacing with any part of the Hosting Services; or (b) use or distribute through the Hosting Services any software, files or other tools or devices designed to interfere with or compromise the privacy, security or use of the Hosting Services or the operations or assets of any other customer of PowerSchool or any third party. Licensee will comply with the user authentication requirements for use of the Hosting Services. Licensee is solely responsible for monitoring its authorized users’ access to and use of the Hosting Services. PowerSchool has no obligation to verify the identity of any person who gains access to the Hosting Services by means of an access ID. Any failure by any authorized user to comply with the Agreement shall be deemed to be a material breach by Licensee, and PowerSchool shall not be liable for any damages incurred by Licensee or any third party resulting from such breach. Licensee must immediately take all necessary steps, including providing notice to PowerSchool, to effect the termination of an access ID for any authorized user if there is any compromise in the security of that access ID or if unauthorized use is suspected or has occurred. 5. Data. Licensee has sole responsibility for the legality, reliability, integrity, accuracy and quality of the data it processes through and submit to the Hosting Services.
080216
SCHOOL BOARD ACTION REPORT DATE: FROM: LEAD STAFF:
For Introduction: For Action: 1.
March 27, 2017 Dr. Larry Nyland, Superintendent Richard Best, Director of Capital Projects and Planning, (206) 252-0647
[email protected]; Dr. Lester Herndon, Associate Superintendent of Facilities & Operations, (206) 252-0644,
[email protected] May 3, 2017 May 17, 2017
TITLE
Purchase of Student and Staff Computers for New BEX IV Schools and BTA III Projects Opening Summer 2017 2.
PURPOSE
The purpose of this Board action is to approve the purchase of Student and Staff computers for the new Building Excellence IV (BEX IV) Capital Levy and the Buildings, Technology and Academics/Athletics III (BTA III) Renovation Projects opening Summer 2017. 3.
RECOMMENDED MOTION
I move that the School Board authorize the Superintendent to execute purchase orders through Bid No. 06691 with Thornburg for a total not to exceed $1.6M, plus Washington State Sales Tax, over fiscal years 2016/2017, in the form of the draft purchase orders attached to the Board Action Report, with any minor additions, deletions, and modifications deemed necessary by the Superintendent, and to take any necessary actions to implement the purchase orders. 4.
BACKGROUND INFORMATION a. Background This summer seven schools will open (Cascadia Elementary, Robert Eagle Staff Middle, Licton Springs K8, Olympic Hills Elementary, Meany Middle, Cedar Park Elementary, and Decatur Elementary) and these newly built and remodeled schools will need to have technology purchased to provide an enriched learning experience for the students, in addition to providing the teachers with the tools that they need to instruct successfully. These purchase orders use volume pricing available through a competitive process initiated in 2016. Each of these schools will be outfitted with new technology as part of the standard Building Opening Process. All classrooms will receive the appropriate Teacher Work Station (matching the mobile device rollout that the Department of Technology Services (DoTS) along with Curriculum and Instruction (C&I) is currently implementing), a Presentation Computer, as well as an allotment of Student Devices. As a part of the DoTS plan, the Student Devices will be mobile devices as well, which will be housed in a secure location within the classrooms. DoTS as well as Teaching and Learning have developed a vision of incorporating more mobile devices into the classroom, which not only allows for more interactive teaching and learning, but also allows the district to obtain more devices for deployment across the schools.
b. Alternatives Do not approve this motion. This is not recommended because these new schools will be without technology for staff or student use beginning in the 2017-2018 school year. This does not align with the Strategic Plan of the district. c. Research On June 30, 2016, Bid #B06691 was published to the public, which secured volume pricing for the purchase. The selection of DELL computers matches the current District Standard being deployed to new classrooms and schools. Department of Technology Services (DoTS) has conducted a review with instructors and students to determine the best alternative for supporting the needs of the district regarding technology.
5.
FISCAL IMPACT/REVENUE SOURCE
Fiscal impact to this action will be the one-time cost for the purchase of computers for a total not to exceed $1.6M. The funding source for this motion is BTA III and BEX IV. Project Funding Source Cascadia Elementary BEX IV / 2800 Robert Eagle Staff Middle BEX IV / 2800 Olympic Hills Elementary BEX IV / 2800 Cedar Park Elementary BEX IV / 2800 Decatur BEX IV / 2800 Meany Middle BTA III / 2710 McGilvra Elementary BTA III / 2710
Cost Center A232100WPS A242100WPS A262100OHS A2C2200CKS A2D2200DES A382200MYL A602200MGL
Expenditure:
One-time
Annual
Multi-Year
N/A
Revenue:
One-time
Annual
Multi-Year
N/A
6.
COMMUNITY ENGAGEMENT
With guidance from the District’s Community Engagement tool, this action was determined to merit the following tier of community engagement: Not applicable Tier 1: Inform Tier 2: Consult/Involve Tier 3: Collaborate In February 2013, 72% of Seattle voters approved supported the BEX IV Capital levy. This levy was the culmination of an eighteen-month long process analyzing the facilities needs of the District and supports the District’s long-range plans to upgrade and renovate aging school facilities. The process included countless hours of planning, coordinating efforts throughout the
district, community engagement and feedback, extensive Seattle School Board guidance and input that lead to a unanimous Seattle School Board vote in November 2012 that approved the BEX IV projects list. 7.
EQUITY ANALYSIS
N/A 8.
STUDENT BENEFIT
Among the many benefits to students that access to computers will provide, three stand out. Given regular and consistent access to technology, students will be able to: 1. Leverage current digitally-based learning tools 2. Meet standards set forth by Washington State Superintendent of Public Instruction (OSPI) as well as the International Society for Technology in Education (ISTE) 3. Hone technology-based fluency resulting in graduating students that are “Seattle Ready” Present-day instructional strategies, SPS-approved tools, and Multi-Tiered System of Supports (MTSS) resources are becoming increasingly web-based. Tools such as Office365, Schoology, and Online Student Resources like Follett Destiny are currently supported by the district. Computers are necessary for students to access these tools, to further enhance their current learning. In addition to improving students’ learning, technology is specifically called in standards set forth by the state, OSPI, and ISTE: The Washington State Legislature Revised Code of Washington (RCW 28A.650) includes a technology outline and recognizes that up-to-date tools will help students learn. The State of Washington Office of The Superintendent of Public Instruction (OSPI) guidelines include students using technology within all content areas to collaborate, communicate, generate innovative ideas, investigate, and solve problems; as well as being effective digital citizens by demonstrating a clear understanding of technology systems and operations and practice safe, legal, and ethical behavior. The International Society for Technology in Education (ISTE) outlines six core standards; documented below, that have been included in the development of Washington State standards (for further information see attachment) 1. 2. 3. 4. 5. 6.
Creativity and Innovation Communication and Collaboration Research and Information Fluency Critical Thinking, Problem Solving, and Decision Making Digital Citizenship Technology Operations and Concepts
Seattle Public Schools has a vested interest in ensuring students are “Seattle Ready.” Upon graduation, students should be capable of making meaningful professional and economic
contributions to and living within the larger Seattle community. A key component to this student success is ensuring that students are fluent in various technology-based platforms as well as conscientious digital citizens. Because workplace technology requirements and societal expectations will continue to change, students must be knowledgeable and flexible in the use of various technologies. Without consistent access to technology now, our students are at-risk of under preparation for their futures. 9.
WHY BOARD ACTION IS NECESSARY Amount of contract initial value or contract amendment exceeds $250,000 (Policy No. 6220) Amount of grant exceeds $250,000 in a single fiscal year (Policy No. 6114) Adopting, amending, or repealing a Board policy Formally accepting the completion of a public works project and closing out the contract Legal requirement for the School Board to take action on this matter Board Policy No. _____, [TITLE], provides the Board shall approve this item Other: _____________________________________________________________________
10.
POLICY IMPLICATION
Per Board Policy No. 6220, Procurement, any contract over $250,000 must be brought before the Board for approval. 11.
BOARD COMMITTEE RECOMMENDATION
This motion was discussed at the Operations Committee meeting on April 20, 2017. The Committee reviewed the motion and ______________. 12.
TIMELINE FOR IMPLEMENTATION
Upon Board approval of this request, purchase orders will be executed to begin the procurement process. The timeline averages 6-8 weeks from procurement to classroom readiness. This includes processing from the vendor as well as delivery, and then asset tagging at the District Warehouse, installation in the school buildings and appropriate configuration by the DoTS staff. 13.
ATTACHMENTS • •
Preliminary Order Document Package Approved BAR for Bid B06691 with attachments o ‘BEX IV Learning Phase II: Authorize purchase orders, through Bid No. B06691 and RFP 03662, to Thornburg, Apple, B&H Video, CDW Government, and Troxell for purchase of Classroom Technology’ o Sole Source Justification Form approved in April 2014 o Affidavit of Publication
• •
o Bid Tab B06691 o Completed Executive Routing Form from B06691 International Society for Technology Education (ITSE) Standards for Students RCW 28A.650 Education Technology
Seattle Public Schools Marketplace
Number : : Name : Date
Goods
-
Print of Shopping Cart
1000503901 CES_Computers_Kowsky 0410512017
Delivery date: 04I05I2017
pient:
Item
Product number Order quantity
04/05/2017 2 04/05/2017
495
Description Unit DELL OptiPlex 5040 Small Form Factor EA DELL Latitude 3180 EA
3 04/05/2017
2
DELL Latitude 3380 EA
I 87
Net value
Price per unit
734.55 USD/1 EA
63,905.85 USD
281.23 USD/1 EA
139,208.85 USD
528.28 USD/1 EA Total value: Tax amount: Total value (gross):
1056.56 204,171.26 20,621.29 224,792.55
Account assignment for item 1
GIL account Assigned to Cost center A232100WPS 9135
Business area 2800
Account assignment for item 2
GIL account Assigned to Cost center A232IOOWPS 9135 GIL account Assigned to Cost center A232IOOWPS 9135
Business area 2800
Account assignment for item 3
Business area 2800
USD USD USD USD
Seattle Public Schools Marketplace
hopping
-
Print of Shopping Cart
cartZ
Number : Name : Date :
1000503977 CES_Teacher Stations Kowsky 0410512017
Delivery date: 04I05I2017
Product number Order quantity
Item
I 04/05/2017
Account assignment for item I
37
Description Unit Price per unit Teacher Device to be determined by T&L EA 1,500.00 USD/1 EA Total value: Tax amount: Total value (gross):
Assigned to GIL account Cost center A232100WP5 9135
Net value
55500.00 55,500.00 5,605.50 61,105.50
Business area 2800
USD USD USD USD
Seattle Public Schools Marketplace
Number : : Name : Date
-
Print of Shopping Cart
1000503873 RESMS_Computers_Kowsky 04I05!2017
Goods recipient: Non-Levell
Delivery date: 0410512017
04/05/2017
154
Description Unit DELL OptiPlex 5040 Small Form Factor EA
2 04/05/2017
625
DELL Latitude 3180 EA
2
DELL Latitude 3380 EA
Product number Order quantity
Item
.
I
3 04/05/2017
Netvalue
Price perunit
734.55 USD/1 EA
113,120.70 USD
281.23 USD/1 EA
175,768.75 USD
528.28 USD/1 EA Total value: Tax amount: Total value (gross):
1056.56 289,946.01 29,284.54 319,230.55
Account assignment for item 1
GIL account Assigned to Cost center A242100WPS 9135
Business area 2800
Account assignment for item 2
GIL account Assigned to Cost center A242100WPS 9135
Business area 2800
Account assignment for item 3
GIL account Assigned to Cost center A242IOOWPS 9135
Business area 2800
USD USD USD USD
I
Seattle Public Schools Marketplace
Shoppn cart Number : Name : : Date
-
LIJ..
Il
I
Print of Shopping Cart
-
1000503914 RESMS Teacher Stations_Kowsky 04105!2017
Goods recipient: Non-Levell
Delivery date: 0410512017
Product number Order quantity
Item
I 04/05/2017
Account assignment for item I
50
Description Price per unit Unit Teacher Device to be determined by T&L EA 1,500.00 USD/1 EA Total value: Tax amount: Total value (gross):
Assigned to GIL account Cost center A242IOOWPS 9135
Net value
75,000.00 75,000.00 7,575.00 82,575.00
Business area 2800
USD USD USD USD
Seattle Public Schools Marketplace
Print of Shopping Cart
JW
ppg art Number : Name : Date :
-
1000503877 OHES_Computers_Kowsky 04/05/2017
Goods recipient: Non-Levell
Item
Delivery date: 04/0512017
Product number Order quantity
465
Description Unit Price per unit DELL OptiPlex 5040 Small Form Factor 734.55 USD/1 EA EA DELL Latitude 3180, DELL Latitude 3180 281.23 USD/1 EA EA
2
DELL Latitude 3380, DELL Latitude 3380 EA
I 04/05/2017 2
95
Net value
69782.25 USD
-
04/05/2017
3 04/05/2017
Account assignment 1 for item Account assignment for item 2 Account assignment for item 3
Assigned to Cost center A2621000HS Assigned to Cost center A2621000HS Assigned to Cost center A2621000HS
130,771.95 USD
-
528.28 USD/1 EA Total value: Tax amount: Total value (gross):
GIL account 9135 G/L account 9135 GIL account 9135
1056.56 201,610.76 20,362.69 221,973.45
Business area 2800 Business area 2800 Business area 2800
USD USD USD USD
U
Seattle Public Schools Marketplace
-
UU
Print of Shopping Cart
oiiopplng carL 1000503962 Number : : OHES_Teacher Stations_Kowsky Name 04I05I2017 : Date
Goods recipient: Non-Levell
Delivery date: 0410512017
Product number Order quantity
Item I
04/05/2017
Account assignment 1 for item
35
Description Price per unit Unit Device Teacher TBDT to be determined by 1,500.00 USD/1 EA EA Total value: Tax amount: Total value (gross):
GIL account Assigned to Cost center A2621000HS 9135
Net value
52,500.00 USD 52,500.00 USD 5,302.50 USD 57,802.50 USD
Business area 2800
Seattle Public Schools Marketplace
Number : Name : : Date
-
Print of Shopping Cart
1000503880 MMS_Computers_Kowsky 0410512017
Delivery date: 04/0512017
160
Description Unit DELL OptiPlex 5040 Small Form Factor EA
550
DELL Latitude 3180, DELL Latitude 3180281.23 USD/1 EA EA
2
DELL Lafitude 3380, DELL Latitude 3380 EA
Product number Order quantity
Item I 04/05/2017 2 04/05/2017 3
04/05/2017
Account assignment 1 for item Account assignment 2 for item Account assignment 3 for item
Assigned to Cost center A382200MYL Assigned to Cost center A382200MYL Assigned to Cost center A382200MYL
Net value
Price per unit
117,528.00 USD
734.55 USD/1 EA
154,676.50 USD
-
528.28 USD/1 EA Total value: Tax amount: Total value (gross):
GIL account 9135 GIL account 9135 GIL account 9135
1,056.56 273,261.06 27,599.37 300,860.43
Business area 2710 Business area 2710 Business area 2710
USD USD USD USD
-
Seattle Public Schools Marketplace
Number : : Name Date :
-
-
Print of Shopping Cart
1000503967 MMS_Teacher Stations_Kowsky 04l05I2017
Goods recipient: Non-Levell
Delivery date: 0410512017
Product number Order quantity
Item I 04/05/2017
Account assignment for item 1
50
Description Unit Price per unit Teacher Device to be determined by T&L 1,500.00 USD/1 EA EA Total value: Tax amount: Total value (gross):
GIL account Assigned to Cost center A382200MYL 9135
Net value
75,000.00 75,000.00 7,575.00 82,575.00
Business area 2710
USD USD USD USD
I
Seattle Public Schools Marketplace
Number : : Name : Date
-
LI
I
I
I
Print of Shopping Cart
1000503890 CPES_Computers_Kowsky 04I0512017
Goods recipient: Non-Levell
Delivery date: 0410512017
Product number Order quantity
Item I 04/05/2017 2
23
Description Price per unit Unit DELL OptiPlex 5040 Small Form Factor 734.55 USD/1 EA EA DELL Latitude 3180, DELL Latitude 3180 281.23 USD/1 EA EA DELL Latitude 3380, DELL Latitude 3380 528.28 USD/1 EA EA Total value: Tax amount: Total value (gross):
Net value
16,894.65 USD
-
04/05/2017 3
96
26,998.08 USD
-
04/05/2017
2
Account assignment 1 for item
GIL account Assigned to Cost center A2C2200CKS 9135
Account assignment 2 for item
GIL account Assigned to Cost center A2C2200CKS 9135 GIL account Assigned to Cost center A2C2200CKS 9135
Account assignment for item 3
1,056.56 44,949.29 4,539.88 49,489.17
Business area 2800 Business area 2800 Business area 2800
USD USD USD USD
Seattle Public Schools Marketplace
Number : : Name : Date
-
Print of Shopping Cart
1000503966 CPES_Teacher Stations_Kowsky 0410512017
Goods recipient: Non-Levell
Delivery date: 04I05!2017
Product number Order quantity
Item
I 04/05/2017
Account assignment I for item
13
Description Price per unit Unit to be Teacher Device determined by T&L 1,500.00 USD/1 EA EA Total value: Tax amount: Total value (gross):
GIL account Assigned to Cost center A2C22000KS 9135
Net value
19,500.00 19,500.00 1,969.50 21,469.50
Business area 2800
USD USD USD USD
Seattle Public Schools Marketplace
Number : : Name : Date
-
Print of Shopping Cart
1000503884 DES_Computers_Kowsky 04I05!2017
Goods recipient: Non-Levell
Delivery date: 0410512017
Product number Order quantity •
Item I 04/05/2017 2
28
04/05/2017 3
288
Description Price per unit Unit DELL OptiPlex 5040 Small Form Factor 734.55 USD/1 EA EA DELL Latitude 3180, DELL Latitude 3180 281.23 USD/1 EA EA DELL Latitude 3380, DELL Latitude 3380 528.28 USD/1 EA EA Total value: Tax amount: Total value (gross):
Net value
20,567.40 USD
-
80,994.24 USD
-
04/05/2017
2
1,056.56 102,618.20 10,364.44 112,982.64
Business area 2800
Account assignment 2 for item
GIL account Assigned to Cost center A2D2200DES 9135 GIL account Assigned to Cost center A2D2200DES 9135
Account assignment 3 for item
GIL account Assigned to Cost center A2D2200DES 9135
Business area 2800
Account assignment I for item
Business area 2800
USD USD USD USD
Seattle Public Schools Marketplace
-
Print of Shopping Cart
-
Number : : Name : Date
1000503972 DES_Teacher Stations_Kowsky 0410512017
Goods recipient: Non-Levell
Delivery date: 0410512017
Product number Order quantity
Item
I 04/05/2017
Account assignment 1 for item
19
Description Price per unit Unit Teacher Device to be determined by T&L 1,500.00 USD/1 EA EA Total value: Tax amount: Totalvalue(gross):
Assigned to GIL account Cost center A2D2200DES 9135
Net value
28,500.00 28,500.00 2,878.50 31,378.50
Business area 2800
USD USD USD USD
ADVERTISING PROOF
Date: 06/29/2016 Adnum: 339113 Custid: 4028
SEATTLE PUBLIC SCHOOLS StateCustomer: King County Adof Title:Washington, Student Computers and/or Accessories
^STARTAD^339113^
Seattle Public Schools Student Computers and/or Accessories Bid date: July 19
Invitation to Bid No. B06691 Student Computer’s Phase II for Seattle Public Schools. Until: July 19, 2016 at 10:00 a.m. PST Seattle Public Schools (the District) is requesting bids from vendors interested in providing Student Computers and/or Accessories. The Invitation to Bid will be available starting on June 30, 2016 at Builders Exchange of Washington, Inc. ITB documents, associated addenda and Bidders List are available at no charge at the Builders Exchange, Inc. on-line Plan Center (www.bxwa. com). To access documents online with Builders Exchange, go to “bxwa.com” and click on “Posted Projects,” “Goods and Services,” and “Seattle Public Schools Goods and Services.” It is recommended that bidders “Register as a Bidder” in order to receive automatic email notification of future addenda, to download addenda, and to be placed on the “Bidders List.” Proposers who do not register will not be automatically notified of addenda and will need to periodically check the on-line plan room for addenda issued for this project. Contact Builders Exchange at (425) 258-1303 if additional assistance is required. Dates of publication in the Seattle Daily Journal of Commerce, June 30, July 7, 2016. 7/7(339113) ^ENDAD^339113^ ^THE-END^
Lines: 46
Bid Tab Worksheet B06691 Student Computers Phase II Tuesday July 19, 2016
Project Mgr: Colleen Halvorson/ Robert Shore Department: DoTS Bidder #1 VENDOR NAME
ADDENDUM #1 ACKNOWLEDGED Apple - Attachment 4 Aver - Attachment 4A Belkin - Attachment 4B Dell - Attachment 4C Dell (Next Generation) - Attachment 4C.1 LockNCharge - Attachment 4D
Bidder #2
SHIPPING & HANDLING
Bidder #4
Apple
B&H Photo
Troxell
Thornburg
N/A
N/A
N/A
N/A
$490,483.80
no bid
no bid
no bid
no bid
$88,608.00
$62,208.00
$86,362.56
$20,922.00
$14,582.00
no bid
$17,790.04
no bid
no bid
no bid
$1,676,857.18
no bid
no bid
no bid
no bid
no bid
no bid
no bid
no bid
$1,185.63 ea per $1,068.18ea per 22ea / ext 22ea / ext $26,083.86 $23,499.96 notates 16ct 16ct cart device laptop cart / item is discontinued / item is discontinued by mfr OBSOLETE by mfr OBSOLETE
$1,199.95 (bid on 2nd item 20ct Macbook Cart) 1ea
no bid
$49,210.15
$9,906.24
$8,476.02
$173,232.94
included
included
included
included
$512,605.75
$113,096.24
$88,291.86
$1,977,742.68
Bretford - Attachment 4E WSST 9.6%
Bidder #3
Grand Total
International Society for Technology in Education
ISTE Standards Students 1. Creativity and innovation
3. Research and information fluency
Students demonstrate creative thinking, construct knowledge, and develop innovative products and processes using technology.
Students apply digital tools to gather, evaluate, and use information.
a. Apply existing knowledge to generate new ideas, products, or processes
b. Locate, organize, analyze, evaluate, synthesize, and ethically use information from a variety of sources and media
b. Create original works as a means of personal or group expression
a. Plan strategies to guide inquiry
c. Use models and simulations to explore complex systems and issues
c. Evaluate and select information sources and digital tools based on the appropriateness to specific tasks
d. Identify trends and forecast possibilities
d. Process data and report results
2. Communication and collaboration Students use digital media and environments to communicate and work collaboratively, including at a distance, to support individual learning and contribute to the learning of others. a. Interact, collaborate, and publish with peers, experts, or others employing a variety of digital environments and media b. Communicate information and ideas effectively to multiple audiences using a variety of media and formats c. Develop cultural understanding and global awareness by engaging with learners of other cultures d. Contribute to project teams to produce original works or solve problems
4. Critical thinking, problem solving, and decision making Students use critical thinking skills to plan and conduct research, manage projects, solve problems, and make informed decisions using appropriate digital tools and resources. a. Identify and define authentic problems and significant questions for investigation b. Plan and manage activities to develop a solution or complete a project c. Collect and analyze data to identify solutions and/or make informed decisions d. Use multiple processes and diverse perspectives to explore alternative solutions
5. Digital citizenship
6. Technology operations and concepts
Students understand human, cultural, and societal issues related to technology and practice legal and ethical behavior.
Students demonstrate a sound understanding of technology concepts, systems, and operations.
a. Advocate and practice safe, legal, and responsible use of information and technology
b. Select and use applications effectively and productively
b. Exhibit a positive attitude toward using technology that supports collaboration, learning, and productivity
c. Troubleshoot systems and applications
c. Demonstrate personal responsibility for lifelong learning
a. Understand and use technology systems
d. Transfer current knowledge to learning of new technologies
d. Exhibit leadership for digital citizenship Standards•S © 2007 International Society for Technology in Education. ISTE® is a registered trademark of the International Society for Technology in Education. If you would like to reproduce this material, please contact
[email protected].
iste.org/standards
Chapter 28A.650 RCW: EDUCATION TECHNOLOGY
Page 1 of 6
Chapter 28A.650 RCW EDUCATION TECHNOLOGY Chapter Listing Sections 28A.650.005 28A.650.010 28A.650.015 28A.650.020 28A.650.025 28A.650.030 28A.650.035 28A.650.040 28A.650.045 28A.650.900 28A.650.901
Findings—Intent. Findings— Definitions. Education technology plan— plan—Educational technology advisory committee. Regional educational technology support centers— centers—Advisory councils. Distribution of funds for regional educational technology support centers. Distribution of funds to expand the education statewide network. Gifts, grants, and endowments. Rules. Digital citizenship— citizenship—Best practices and recommendations— recommendations—Annual review. Findings— Findings —Intent Intent— —Part headings not law— law—1993 c 336. Findings— Findings —1993 c 336.
28A.650.005 Findings—Intent. The legislature recognizes that up-to-date tools will help students learn. Workplace technology requirements will continue to change and students should be knowledgeable in the use of technologies. Furthermore, the legislature finds that the Washington systemic initiative is a broad-based effort to promote widespread public literacy in mathematics, science, and technology. An important component of the systemic initiative is the universal electronic access to information by students. It is the intent of the legislature that components of RCW 28A.650.010 through 28A.650.025 will support the statewide systemic reform effort in mathematics, science, and technology as envisioned by the Washington systemic initiative. [ 1993 c 336 § 701.] 701.]
28A.650.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Education technology" or "technology" means the effective use of electronic and optical tools, including telephones, and electronic and optical pathways in helping students learn. (2) "Network" means integrated linking of education technology systems in schools for transmission of voice, data, video, or imaging, or a combination of these.
http://app.leg.wa.gov/RCW/default.aspx?cite=28A.650&full=true
4/12/2017
Chapter 28A.650 RCW: EDUCATION TECHNOLOGY
Page 2 of 6
[ 1993 c 336 § 702.] 702.]
28A.650.015 Education technology plan—Educational technology advisory committee. (1) The superintendent of public instruction, to the extent funds are appropriated, shall develop and implement a Washington state K-12 education technology plan. The technology plan shall be updated on at least a biennial basis, shall be developed to coordinate and expand the use of education technology in the common schools of the state. The plan shall be consistent with applicable provisions of chapter 43.105 RCW. The plan, at a minimum, shall address: (a) The provision of technical assistance to schools and school districts for the planning, implementation, and training of staff in the use of technology in curricular and administrative functions; (b) The continued development of a network to connect school districts, institutions of higher learning, and other sources of online information; and (c) Methods to equitably increase the use of education technology by students and school personnel throughout the state. (2) The superintendent of public instruction shall appoint an educational technology advisory committee to assist in the development and implementation of the technology plan in subsection (1) of this section. The committee shall include, but is not limited to, persons representing: The office of the chief information officer, educational service districts, school directors, school administrators, school principals, teachers, classified staff, higher education faculty, parents, students, business, labor, scientists and mathematicians, the workforce training and education coordinating board, and the state library. (3) The plan adopted and implemented under this section may not impose on school districts any requirements that are not specifically required by federal law or regulation, including requirements to maintain eligibility for the federal schools and libraries program of the universal service fund. [ 2011 1st sp.s. c 43 § 725; 2011 1st sp.s. c 11 § 133; 2009 c 556 § 17; 2006 c 263 § 917; 1995 c 335 § 507; 1994 c 245 § 2; 1993 c 336 § 703.] 703.] NOTES: Reviser's note: This section was amended by 2011 1st sp.s. c 11 § 133 and by 2011 1st sp.s. c 43 § 725, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025 1.12.025(2). (2). For rule of construction, see RCW 1.12.025(1). 1.12.025 (1). Effective date— date—Purpose Purpose— —2011 1st sp.s. c 43: See notes following RCW 43.19.003 43.19.003.. Effective date— date—2011 1st sp.s. c 11 §§ 101-103, 106-202, 204-244, and 301: See note following RCW 28B.76.020 28B.76.020.. Intent— Intent —2011 1st sp.s. c 11: See note following RCW 28B.76.020 28B.76.020..
http://app.leg.wa.gov/RCW/default.aspx?cite=28A.650&full=true
4/12/2017
Chapter 28A.650 RCW: EDUCATION TECHNOLOGY
Page 3 of 6
Findings— Findings —Purpose Purpose— —Part headings not law— law—2006 c 263: See notes following RCW 28A.150.230. 28A.150.230. Part headings, table of contents not law— law—1995 c 335: See note following RCW 28A.150.360. 28A.150.360.
28A.650.020 Regional educational technology support centers—Advisory councils. Educational service districts shall establish, subject to available funding, regional educational technology support centers for the purpose of providing ongoing educator training, school district cost-benefit analysis, long-range planning, network planning, distance learning access support, and other technical and programmatic support. Each educational service district shall establish a representative advisory council to advise the educational service district in the expenditure of funds provided to the technology support centers. [ 1993 c 336 § 705.] 705.]
28A.650.025 Distribution of funds for regional educational technology support centers. The superintendent of public instruction, to the extent funds are appropriated, shall distribute funds to educational service districts on a grant basis for the regional educational technology support centers established in RCW 28A.650.020 28A.650.020.. [ 1993 c 336 § 706.] 706.]
28A.650.030 Distribution of funds to expand the education statewide network. The superintendent of public instruction, to the extent funds are appropriated, shall distribute funds to the Washington school information processing cooperative and to school districts on a grant basis, from moneys appropriated for the purposes of this section, for equipment, networking, and software to expand the current K-12 education statewide network. [ 1993 c 336 § 707.] 707.]
http://app.leg.wa.gov/RCW/default.aspx?cite=28A.650&full=true
4/12/2017
Chapter 28A.650 RCW: EDUCATION TECHNOLOGY
Page 4 of 6
28A.650.035 Gifts, grants, and endowments. The superintendent of public instruction may receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of educational technology and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments. [ 2010 1st sp.s. c 9 § 3; 1993 c 336 § 708.] 708.] NOTES: Effective date— date—2010 1st sp.s. c 9: "This act takes effect July 1, 2010." [ 2010 1st sp.s. c 9 § 11.] 11.]
28A.650.040 Rules. The superintendent of public instruction shall adopt rules as necessary under chapter 34.05 RCW governing the operation and scope of this chapter. [ 1993 c 336 § 709.] 709.]
28A.650.045 Digital citizenship—Best practices and recommendations—Annual review. (1) For the purposes of this section, "digital citizenship" includes the norms of appropriate, responsible, and healthy behavior related to current technology use, including digital and media literacy, ethics, etiquette, and security. The term also includes the ability to access, analyze, evaluate, develop, produce, and interpret media, as well as internet safety and cyberbullying prevention and response. (2)(a) By December 1, 2016, the office of the superintendent of public instruction shall develop best practices and recommendations for instruction in digital citizenship, internet safety, and media literacy, and report to the appropriate committees of the legislature, in accordance with RCW 43.01.036 43.01.036,, on strategies to implement the best practices and recommendations statewide. The best practices and recommendations must be developed in consultation with an advisory committee as specified in (b) of this subsection. Best practices and recommendations must include instruction that provides guidance about thoughtful, safe, and strategic uses of online and other media resources, and education on how to apply critical thinking skills when consuming and producing information. (b) The office of the superintendent of public instruction must convene and consult with an advisory committee when developing best practices and recommendations for instruction in digital citizenship, internet safety, and media literacy. The advisory committee must include:
http://app.leg.wa.gov/RCW/default.aspx?cite=28A.650&full=true
4/12/2017
Chapter 28A.650 RCW: EDUCATION TECHNOLOGY
Page 5 of 6
Representatives from the Washington state school directors' association; experts in digital citizenship, internet safety, and media literacy; teacher-librarians as defined in RCW 28A.320.240;; and other stakeholders, including parent associations, educators, and 28A.320.240 administrators. Recommendations produced by the committee may include, but are not limited to: (i) Revisions to the state learning standards for educational technology, required under RCW 28A.655.075 28A.655.075;; (ii) Revisions to the model policy and procedures on electronic resources and internet safety developed by the Washington state school directors' association; (iii) School district processes necessary to develop customized district policies and procedures on electronic resources and internet safety; (iv) Best practices, resources, and models for instruction in digital citizenship, internet safety, and media literacy; and (v) Strategies that will support school districts in local implementation of the best practices and recommendations developed by the office of the superintendent of public instruction under (a) of this subsection. (3) Beginning in the 2017-18 school year, a school district shall annually review its policy and procedures on electronic resources and internet safety. In reviewing and amending the policy and procedures, a school district must: (a) Involve a representation of students, parents or guardians, teachers, teacher-librarians, other school employees, administrators, and community representatives with experience or expertise in digital citizenship, media literacy, and internet safety issues; (b) Consider customizing the model policy and procedures on electronic resources and internet safety developed by the Washington state school directors' association; (c) Consider existing school district resources; and (d) Consider best practices, resources, and models for instruction in digital citizenship, internet safety, and media literacy, including methods to involve parents. [ 2016 c 59 § 2.] 2.] NOTES: Intent—2016 c 59: "The legislature recognizes that as technology becomes more Intent— prevalent, students must learn how to safely, ethically, responsibly, and effectively use technology. The legislature intends to provide a process in which students, parents or guardians, teachers, teacher-librarians, other school employees, administrators, and community representatives will engage in an ongoing discussion on safe technology use, internet use, digital citizenship, and media literacy as part of implementing the state's basic education goal outlined in RCW 28A.150.210 28A.150.210(3) (3) and essential academic learning requirements for technology outlined in RCW 28A.655.075 28A.655.075." ." [ 2016 c 59 § 1.] 1.]
28A.650.900 Findings—Intent—Part headings not law—1993 c 336. See notes following RCW 28A.150.210 28A.150.210..
http://app.leg.wa.gov/RCW/default.aspx?cite=28A.650&full=true
4/12/2017
Chapter 28A.650 RCW: EDUCATION TECHNOLOGY
Page 6 of 6
28A.650.901 Findings—1993 c 336. See note following RCW 28A.150.210 28A.150.210..
http://app.leg.wa.gov/RCW/default.aspx?cite=28A.650&full=true
4/12/2017
SCHOOL BOARD ACTION REPORT DATE: FROM: LEAD STAFF:
April 5, 2017 Dr. Larry Nyland, Superintendent Dr. Lester Herndon, Assistant Superintendent, Facilities and Operations (206) 252-0644,
[email protected]
For Intro: For Action:
May 3, 2017 May 3, 2017
1.
TITLE
Approval of Amendment No. 2 with Saxton Bradley for Furniture Procurement Contract No. P5079 2.
PURPOSE
The purpose of this motion is to increase the 2017 contract with Saxton Bradley by $400,000 for furniture procurement through December 31, 2017. The district does not intend to increase its overall spending on furniture in 2017 and plans to decrease spending within other furniture vendor contracts to compensate. 3.
RECOMMENDED MOTION
I move that the School Board authorize the Superintendent to execute contract Amendment No. 2 with Saxton Bradley in the revised contract amount not to exceed $1,001,304.00, plus Washington State sales tax, in the form of the draft Amendment attached to the School Board Action Report, with any minor additions, deletions, and modifications deemed necessary by the Superintendent, and to take any necessary actions to implement the contract amendment. 4.
BACKGROUND INFORMATION a. Background The district provides furniture as part of the implementation of capital levy projects. By having one master set of furniture contracts, the district establishes a competitively bid furniture catalog from which Capital projects and schools can order furniture. The project, Furniture Procurement for 2016, was publicly advertised on November 12, 2015. The bid opening was on December 9, 2015, with a total of twelve (12) bids being received. Ninety bid items were included, with some bid items evaluated individually and some bid items evaluated as a group, such as chair sets, where practicable. Based on the final evaluation, nine (9) contracts were awarded, eight (8) of which are over $250,000. The initial intent of these contracts was for a one-year term so the district could execute a furniture selection process to update the current furniture specifications. This process has not been completed, so the district extended the 2016 contracts through 2017, which was approved by the School Board on January 4, 2017. 1
After consultation with school staff receiving furniture this past year, Capital Projects and Planning recommends the contract with Saxton Bradley be amended to increase the notto-exceed purchasing amount by $400,000. Capital Projects and Planning has identified contract furniture items from other vendors that are not meeting the needs of staff, but items available through Saxton Bradley meet staff needs. Utilizing the King County Directors Association (KCDA) purchasing cooperative, Capital Projects and Planning can acquire requested furniture from Saxton Bradley addressing staff requests, purchase a higher quality product and create greater uniformity in selected products reducing longterm operating costs. (KCDA is a purchasing cooperative formed by school districts throughout the State of Washington that complies with competitive bid requirements.) It is the intention of Capital Projects and Planning to revise our furniture procurement practices this year so the amendment will be in effect through December 31, 2017. The amendment is in the amount as noted below: Contract P5079 with BRAG Investments dba as Saxton Bradley 2016 Contract Amount: 2017 Contract Amount: 2017 Amendment No. 2 Revised Total Amount:
$ 600,600.00 $ 601,340.00 $ 1,001,340.00
b. Alternatives Not approve the amendment. This is not recommended. If the amendment is not approved, the planned schedules for multiple Capital Projects will not be maintained as needed furniture will need to be procured on a per project basis which will delay the schedule. Utilize interlocal furniture contracts. While this is a viable option, due to the District’s volume of furniture needed, when the District bids out the furniture contracts independently we are often able to leverage our buying power, and in many cases, historically, either compete with or beat pricing of interlocal agreements and save the District money that can go back to the school project. c. Research • • 5.
Seattle School District/Heery Furniture Bids 2009, and rebid 2013 Seattle School District Bids 2015, Bid No. B09501 FISCAL IMPACT/REVENUE SOURCE
Fiscal impact to this action will be $400,000.00 Purchases will be made from various budgets. Expenditure:
One-time (over a 1 year period)
Revenue:
One-time
Annual
Annual
Multi-Year
2
N/A
Multi-Year
N/A
6.
COMMUNITY ENGAGEMENT
With guidance from the District’s Community Engagement tool, this action was determined to merit the following tier of community engagement: Not applicable Tier 1: Inform Tier 2: Consult/Involve Tier 3: Collaborate
7.
EQUITY ANALYSIS
This motion was not put through the process of a full racial equity analysis. The goal of the district is to provide equitable access to school facilities across the city. 8.
STUDENT BENEFIT
This motion helps ensure a safe, secure learning environment for every student. 9.
WHY BOARD ACTION IS NECESSARY Amount of contract initial value or contract amendment exceeds $250,000 (Policy No. 6220) Amount of grant exceeds $250,000 in a single fiscal year (Policy No. 6114) Adopting, amending, or repealing a Board policy Formally accepting the completion of a public works project and closing out the contract Legal requirement for the School Board to take action on this matter Board Policy No. _____, [TITLE], provides the Board shall approve this item Other: _____________________________________________________________________
10.
POLICY IMPLICATION
Per Board Policy No. 6220, Procurement, all contracts exceeding $250,000 must be approved by the Board. Amendment No. 2 to Contract P5079 exceeds $250,000. 11.
BOARD COMMITTEE RECOMMENDATION
This motion was discussed at the Operations Committee meeting on April 20, 2017. The Committee reviewed the motion and _____________. 3
12.
TIMELINE FOR IMPLEMENTATION
Upon Board approval, the contract will be executed establishing a purchasing agreement for furniture for an additional one-year period. As furniture needs are finalized for individual projects over that period, purchase orders will be executed for each project. 13.
ATTACHMENTS •
Contract Amendment No. 2 (for approval) (draft)
4
SEATTLE PUBLIC SCHOOLS AMENDMENT NO. 2 CONTRACT NO. P5079 FOR FURNITURE PROCUREMENT
THIS AMENDMENT is made between the Seattle School District no. 1, (hereinafter called “District”), and Saxton Bradley, Inc. (hereinafter called “Vendor”) regarding Contract No. P5079 for Furniture Procurement. Whereas, the District and the Vendor entered into a contract dated February 1, 2016 and amended February 2, 2017 herein incorporated by this reference; and, Whereas, the District would like to increase the contract amount by $400,000. NOW, THEREFORE, District and Vendor agree as follows: 1. The revised contract amount total shall be increased by $400,000.00 for a revised contract amount not to exceed $1,001,340. 2. Any of the other provisions of the subject contract not modified in writing shall remain in full force and effect.
SAXTON BRADLEY INC.
SEATTLE SCHOOL DISTRICT NO. 1
______________________________ Signature
Signature
_______________________________ (Vendor Representative)
(Print Name)
_______________________________ Title
Title
_______________________________ Date Signed
Date Signed
_______________________________ Company Name
_______________________________ Employer I.D. No. or Social Security No.
Page 1 of 1
SCHOOL BOARD ACTION REPORT DATE: FROM: LEAD STAFF:
April 20, 2017 Dr. Larry Nyland, Superintendent Dr. Lester Herndon, Associate Superintendent, Facilities and Operations (206) 252-0644,
[email protected]
For Intro: For Action:
May 3, 2017 May 17, 2017
1.
TITLE
BTA III & IV: Award Construction Contract K5082, Bid No, B11636 to (_______) for the Athletic Field Improvements at Franklin High School Project 2.
PURPOSE
This Board Action Report provides authorization for the Superintendent to enter into a construction contract for the Athletic Field Improvements at Franklin High School Project. 3.
RECOMMENDED MOTION
I move that the School Board authorize the Superintendent to execute construction contract K5082 to (_______) for the Athletic Field Improvements at Franklin High School Project, in the amount of ($_______), (including Alternates), plus Washington State sales tax, in the form of the draft agreement attached to the Board Action Report, with any minor additions, deletions, and modifications deemed necessary by the Superintendent, and to take any necessary action to implement the contract. 4.
BACKGROUND INFORMATION a. Background The synthetic turf at Franklin High School is due for replacement in accordance with the school district’s synthetic turf replacement schedule. Turf replacement includes the addition of a resilient “e-layer” under the turf per the school district’s Technical Building Standards. The synthetic turf is planned to be infilled with granulated cork. In addition, infrastructure for six pole mounted LED field lighting fixtures will be installed. The infrastructure includes a new electrical transformer, conduit, pull boxes, and weatherproof cabinet for the lighting controls. The lighting will be installed under separate contract in the summer of 2018 because the lengthy environmental review process will not allow them to be included in this contract. The Athletic Field Improvements at Franklin High School Project is funded through the BTA III and BTA IV Capital Levy Funds passed by the voters in February 2010 and February 2016. The Athletic Field Improvements at Franklin High School project was publicly bid on April 19, 2017, with a total of (_______) bids being received. This motion allows the
District to execute a construction contract with (_______) Construction who was the lowest responsive responsible bidder. The consulting architect, Freeman Architects, recommends acceptance of the bid. (_______) firms requested bid documents. A copy of the Bid Tab is attached. b. Alternatives Deny the motion. If the motion is denied, the District will not be able to execute the contract to start construction on the Athletic Field Improvements at Franklin High School project. This is not recommended because construction will be delayed and the project will not be completed by the start of school year 2017-18. c. Research: Meng Analysis Facility Assessment Report dated August 2014 Seattle Public Schools Technical Building Standards dated December 2012 Seattle School District Athletic Field Synthetic Turf Replacement Schedule 5.
FISCAL IMPACT/REVENUE SOURCE
The project budget for this work is $2,386,700.00. The revenue source for this motion is BTA III and BTA IV. Expenditure:
One-time
Annual
Multi-Year
N/A
Revenue:
One-time
Annual
Multi-Year
N/A
6.
COMMUNITY ENGAGEMENT
With guidance from the District’s Community Engagement tool, this action was determined to merit the following tier of community engagement: Not applicable Tier 1: Inform Tier 2: Consult/Involve Tier 3: Collaborate The development of the BTA III and BTA IV projects list underwent extensive community engagement. This process included a public comment period for the Programmatic Environmental Impact Statement 7.
EQUITY ANALYSIS
This motion was not put through the process of a full racial equity analysis. The list of projects to be funded in the BTA III and BTA IV Levy were developed with the goal of providing equitable access to school facilities across the District.
8.
STUDENT BENEFIT
It is the goal of the District to continue the process of implementing the BTA and BEX Capital Levy programs and provide students with safe and secure school buildings. 9.
WHY BOARD ACTION IS NECESSARY Amount of contract initial value or contract amendment exceeds $250,000 (Policy No. 6220) Amount of grant exceeds $250,000 in a single fiscal year (Policy No. 6114) Adopting, amending, or repealing a Board policy Formally accepting the completion of a public works project and closing out the contract Legal requirement for the School Board to take action on this matter Board Policy No. _____, [TITLE], provides the Board shall approve this item
Other: Office of Superintendent of Public Instruction application process for state assistance funding. 10.
POLICY IMPLICATION
Per Board Policy No. 6220, Procurement, any contract over $250,000 must be brought before the Board for approval. 11.
BOARD COMMITTEE RECOMMENDATION
This motion was discussed at the Operations Committee meeting on April 20, 2017. The Committee reviewed the motion and _____________. 12.
TIMELINE FOR IMPLEMENTATION
Anticipated Notice to Proceed Date May 22, 2017 Anticipated Construction Date June 27, 2017 Substantial Completion Date August 11, 2017 13.
ATTACHMENTS • • • •
Contract K5082 (placeholder) Architect’s Recommendation (placeholder) Contractor References (placeholder) Bid Tab (placeholder)
DIVISION 0 SECTION 00 52 13 AGREEMENT BETWEEN OWNER AND CONTRACTOR PAGE 1 OF 4
Athletic Field Improvements at Franklin High School , 2017, is made by and between SEATTLE This Agreement (“Agreement”), effective as of SCHOOL DISTRICT NO. 1 (“Owner”), and __________________ (“Contractor”). Owner and Contractor are individually referred to as “Party” and collectively referred to as the “Parties”. Owner and Contractor agree as follows: ARTICLE 1.
THE CONTRACT
1.01
Contractor shall perform the Work required by the Contract Documents for Athletic Field Improvements at Franklin High School and more fully described in the Specifications, Section 01 10 00 (Summary of Work), and Section 01 11 00 (Summary of Hazardous Materials Work).
1.02
Contractor shall perform all obligations in accordance with the provisions of this contract, which consists of the following documents (references are to provisions of the Athletic Field Improvements at Franklin High School Project Manual) dated March 20, 2017 : a. b. c. d. e. f. g. h. i. j. k. l. m. n. o.
This Agreement. . Addenda Nos. , dated Supplemental Conditions, Section 00 73 00 and 00 73 20 if any. Section 00 72 00, General Conditions for the Seattle School District, Athletic Field Improvements at Franklin High School (“General Conditions”) dated 1/19/17. Specifications, Sections 01 10 00 through 01 91 00. Specifications, Sections 02 00 00 through 33 00 00. Drawings, as set forth in Section 00 01 15. Contractor’s Performance and Payment Bond, Section 00 61 13. Executed Bid Form, Section 00 41 13, together with Attachments 1, 2, 3 & 4. Available Project Information, Section 00 30 00. Safety Procedures, Section 00 73 19. Wage Rates, Section 00 73 43. Instructions for Bidders, Section 00 21 13. Advertisement for Bids, Section 00 11 00. The following forms, as applicable and as fully executed: Sections 00 62 20 through 00 62 70.
All of the foregoing, together with all other documents issued pursuant to or made a part of this Agreement, are sometimes collectively referred to as the “Contract” or “Contract Documents”. All capitalized terms not defined herein shall have the same meaning given them in the General Conditions. ARTICLE 2.
STATEMENT OF THE WORK
2.01
Subject to paragraph 3.03 below, Contractor shall prosecute and complete the Work in accordance with the schedule and as more fully described in Section 01 10 00, paragraphs 1.13 and 1.14.
2.02
Owner may occupy premises during the entire construction period for conduct of normal operations. Cooperate with Owner in scheduling operations to minimize conflict and to facilitate Owner’s usage on the basis of the completion dates on the indicated schedule based on the Owner’s occupancy of areas. See Section 00 11 00.
2.03
The Contractor specifically acknowledges that it has read and understands the requirements of the General Conditions, Section 00 72 00, Parts 7 and 8 relating to Changes, including the requirements to provide timely notice, keep daily records, and submit documentation. Contractor further acknowledges that failure to comply with any of these requirements will result in rejection of claims as set forth in paragraph 7.01 B.5. Bid No. B11636 00 52 13-1 Athletic Field Improvements at Franklin High School Agreement Between Owner and Contractor E
DIVISION 0 SECTION 00 52 13 AGREEMENT BETWEEN OWNER AND CONTRACTOR PAGE 2 OF 4
General Contractor’s Initials _____________ ARTICLE 3.
TIME OF COMMENCEMENT, COMPLETION, AND LIQUIDATED AND ACTUAL DAMAGES
3.01
Subject to paragraph 3.02, Contractor shall prosecute and complete the Work in accordance with the Work Completion Dates and Liquidated Damages provisions set forth below. By executing this Agreement, Contractor acknowledges the reasonableness of the Work Completion Dates.
3.02
Contractor shall not commence performance of any Work under this Contract until Contractor’s receipt of a written notice to proceed from Owner (the “Notice to Proceed”) and satisfaction of all conditions stated therein. Owner’s failure to issue the Notice to Proceed within ninety (90) days after bid opening shall be treated as a change within the provision of Part 7 of the General Conditions of the Contract for Construction. The Notice to Proceed will authorize Contractor to start performance under the Contract, but will not allow Contractor to commence construction on any of the sites.
3.03
The Owner will provide Contractor with a separate authorization to commence construction at each site. Dates for the Work to be performed under this Contract are as follows: Notice to Proceed Date: On or around May 22, 2017 Site Access for Commencement of Construction: On or around June 27, 2017 Substantial Completion: August 11, 2017 Final Completion: Not more than 30 days later than Substantial Completion
3.04
Time is of the essence in this Contract. Owner will suffer serious and substantial consequential damages if the Work is not completed in accordance with paragraph 3.03. However, it would be difficult if not impossible to determine precisely the amount of such damages. The Contractor therefore agrees that, from the compensation otherwise to be paid, for each calendar day of delay beyond the aforementioned Substantial Completion Date, the following liquidated damages amounts shall apply: Building
Liquidated Damages Amount
Franklin High School
$750/ calendar day
These sums are agreed upon as the liquidated damages which the Owner will sustain in the case of the failure of the Contractor to achieve Substantial Completion within the Contract Time, and this sum is not construed as a penalty, but as a reasonable estimate of the Owner’s actual damages. 3.05
The above provision for liquidated damages is intended to be in lieu of Contractor’s liability for consequential damages sustained by Owner by reason of Contractor’s delay in reaching Substantial Completion on the date set for Substantial Completion. This provision shall not relieve or release Contractor from liability occasioned by other breaches or defaults under this Contract, nor shall it limit Owner’s rights to terminate the Contract for cause pursuant to the General Conditions or to pursue any other remedy, under the Contract or otherwise.
3.06
In addition to the foregoing provisions for liquidated damages regarding failure to achieve timely Substantial Completion and any other rights of Owner hereunder or by law, it is agreed that Owner may recover its actual damages (including direct architectural, administrative and other related costs attributable to the Project), as a result of any delay by Contractor in reaching Final Completion within the time specified in Paragraph 3.03 above.
Bid No. B11636 Athletic Field Improvements at Franklin High School E
00 52 13-2 Agreement Between Owner and Contractor
DIVISION 0 SECTION 00 52 13 AGREEMENT BETWEEN OWNER AND CONTRACTOR PAGE 3 OF 4 3.07
The fact that Contractor is liable for liquidated damages does not give Contractor an option to pay such damages in lieu of progressing with the Work on a reasonable, expeditious basis. Failure to make reasonable progress, at any time, is a basis for termination for cause. Election by the Owner not to terminate shall not affect Owner’s right to assess liquidated damages and/or to terminate the Contract at a later time.
ARTICLE 4.
ARCHITECT, CONSTRUCTION MANAGER AND OWNER’S REPRESENTATIVE
4.01
The Architect (“Architect” or “A/E”) for the Project is Freeman Architects or such other as Owner may designate. The A/E’s address is 14410 SE Petrovitsky Road, Suite 206, Renton, WA 98058.
4.02
The Construction Manager (“Construction Manager”), if used, is to be determined by Owner.
4.03
The Owner may delegate duties to the Architect or the Construction Manager in writing from time to time, including duties designated for the Owner’s Representative as such term is defined in the General Conditions.
ARTICLE 5.
CONTRACT SUM
5.01
As full compensation for satisfactory performance of all Contractor’s obligations under this Contract, Owner shall pay Contractor the sum (the “Contract Sum”) of ___________________($____________) plus Washington State sales tax. The contract includes Alternate No._______________.
5.02
Subject to retention as provided in Part 6 of the General Conditions, Section 00 72 00, Owner shall make progress payments to Contractor as provided for in Part 6 of the General Conditions.
ARTICLE 6.
BONDS AND INSURANCE
6.01
Concurrently with Contractor’s execution and delivery of this Agreement, Contractor shall deliver to Owner performance and payment bonds in form and content acceptable to Owner, executed by a surety authorized to issue such bonds in the State of Washington. Such bonds shall be for an amount equal to the Contract sum plus applicable sales tax. In addition, Contractor shall furnish to Owner, at such times and in such amounts, form and content as Owner may in writing request, such other surety bonds issued by a surety acceptable to Owner, in which case the premium for such bonds shall be paid by Owner.
6.02
Prior to commencing Work, Contractor shall furnish Owner all certificates of insurance required by Part 2 of the General Conditions, Section 00 72 00.
ARTICLE 7. 7.01
NOTICES
All correspondence, requests, notices, and other communications to Owner, in relation to this agreement, shall be sent electronically through the e-Builder Project Management software, or if by mail to: Jeanette Imanishi Project Manager Capital Projects Department Location:
Seattle School District No. 1 2445 Third Avenue South Seattle, WA 98134
Bid No. B11636 Athletic Field Improvements at Franklin High School E
U.S. Mail:
Mail Stop 22-331 P.O. Box 34165 Seattle, WA 98124-1165
00 52 13-3 Agreement Between Owner and Contractor
DIVISION 0 SECTION 00 52 13 AGREEMENT BETWEEN OWNER AND CONTRACTOR PAGE 4 OF 4
7.02
All correspondence, requests, notices, and other communications to Contractor, in relation to this agreement, shall be electronically sent via e-Builder Project Management software, or if mailed, deliver to: _______________________ _______________________ _______________________
7.03
Either Party may change such address or individual by giving notice to the other Party in accordance with the provisions of this Article.
ARTICLE 8. 8.01
AUTHORITY
Each individual executing this Agreement represents that he or she is authorized to execute this Agreement on behalf of the Party for whom he or she is executing and that this Agreement is valid and enforceable against such Party in accordance with its terms. [CONTRACTOR COMPANY NAME]
Name Title Date
SEATTLE SCHOOL DISTRICT NO. 1
Name
Dr. Larry Nyland
Title
Superintendent
Date
END OF AGREEMENT BETWEEN OWNER AND CONTRACTOR SECTION
Bid No. B11636 Athletic Field Improvements at Franklin High School E
00 52 13-4 Agreement Between Owner and Contractor
SCHOOL BOARD ACTION REPORT DATE: FROM: LEAD STAFF:
April 10, 2017 Dr. Larry Nyland, Superintendent Dr. Lester Herndon, Associate Superintendent, Facilities and Operations 206-252-0644,
[email protected]
For Intro: For Action:
May 3, 2017 May 17, 2017
1.
TITLE
BEX IV: Resolution 2016/17-20: Acceptance of the Building Commissioning Report for the Genesee Hill Elementary School Replacement project 2.
PURPOSE
This resolution accepts the building commissioning report for the Genesee Hill Elementary School Replacement project, in accordance with WAC 392-344-165, as required to complete the Office of Superintendent of Public Instruction (OSPI) Form D-11 Application to Release Retainage. 3.
RECOMMENDED MOTION
I move that the School Board adopt Resolution 2016/17-20, accepting the building commissioning report for the Genesee Hill Elementary School Replacement project. 4.
BACKGROUND INFORMATION a. Background: Commissioning is a systematic process of documentation and verification to demonstrate that the building mechanical systems have been installed and function properly and efficiently and can be maintained to operate and satisfy the engineer’s design intent and district’s operational requirements. The commissioning consultant, Engineering Economics, Inc., has satisfactorily completed the commissioning process. The district’s Capital Project Mechanical Coordinator, Mike Kennedy, has been involved throughout the commissioning process on Genesee Hill Elementary School Replacement Project. Mr. Kennedy recommends the acceptance of this effort. The Office of Superintendent of Public Instruction (OSPI), through the School Construction Assistance Program (SCAP), provides funding assistance to school districts that are undertaking a major new construction or modernization project. The primary documents that form the basis of any agreement between OSPI and the district are the “D-form” documents. These documents, when properly completed and signed by all parties, form the official notices of agreement and intent on behalf of the district and OSPI. 1
As noted above, the acceptance of the commissioning report is required for the D-11 form for the release of construction retainage. On this project, the contractor submitted a retainage bond. Approval of this motion meets the requirements of OSPI to receive state funding assistance. b. Alternatives Not accepting this motion could put the district in a position subject to litigation and if state funding requirements are not met, the district will not receive state funding assistance that is available for this project. Therefore, this alternative is not recommended. c. Research • •
5.
Office of Superintendent of Public Instruction, Form D-11 Application to Release Retainage Genesee Hill Elementary School Replacement Commissioning Report, Engineering Economics, Inc.
FISCAL IMPACT/REVENUE SOURCE
Action helps to secure approximately $1.6 million dollars in state funding assistance. This motion does not represent a specific expenditure. Expenditure:
One-time
Annual
Multi-Year
N/A
Revenue:
One-time
Annual
Multi-Year
N/A
6.
COMMUNITY ENGAGEMENT
With guidance from the district’s community engagement tool, this action was determined to merit the following tier of community engagement: Not applicable Tier 1: Inform Tier 2: Consult/Involve Tier 3: Collaborate The $694.9 million Building Excellence IV (BEX IV) Capital levy was approved by more than 72 percent of Seattle voters in February 2013. It supports the district’s long-range plans to upgrade and renovate aging school facilities and address enrollment growth. The process included countless hours of planning, coordinating efforts throughout the district, community engagement and feedback, extensive Seattle School Board guidance and input that lead to a unanimous Seattle School Board vote in November 2012 that approved the BEX IV projects list. 2
7.
EQUITY ANALYSIS
This motion was not put through the process of a full racial equity analysis. The selection of projects BEX IV program was designed to provide equitable access to safe school facilities across the city. 8.
STUDENT BENEFIT
This project helps ensure a safe, secure learning environment for every student. 9.
WHY BOARD ACTION IS NECESSARY Amount of contract initial value or contract amendment exceeds $250,000 (Policy No. 6220) Amount of grant exceeds $250,000 in a single fiscal year (Policy No. 6114) Adopting, amending, or repealing a Board policy Formally accepting the completion of a public works project and closing out the contract Legal requirement for the School Board to take action on this matter Board Policy No. ______________________________________ Other: OSPI requires Board acceptance of this report
10.
POLICY IMPLICATION
School Board approval of the commissioning report is consistent with Board Policy No. 6100, Revenues from Local, State and Federal Sources, which states “It is the policy of the Seattle School Board to pursue systematically those funding opportunities that are consistent with district priorities from federal, state and other governmental units, as well as from private and foundation sources,” and “The Board agrees to comply with all federal and state requirements that may be a condition for the receipt of federal or state funds…”. 11.
BOARD COMMITTEE RECOMMENDATION
This motion was discussed at the Operations Committee meeting on April 20, 2017. The Committee reviewed the motion and ______________________________. 12.
TIMELINE FOR IMPLEMENTATION
Upon approval of this motion, the D-11 Application to Release Retainage will be completed and submitted to OSPI.
3
13.
ATTACHMENTS • • •
Commissioning Report dated October 21, 2016 (Executive Summary attached, for full report please contact the Board Office). Note: An amendment to the report will be issued when Enhanced Commissioning is completed Resolution 2016/17-20 (draft) WAC 392-344-165
4
Engineering Economics Inc 1201 Western Avenue Suite 325 Seattle, Washington 98101 Telephone: 206 622 1001 FacsimNe : 206 622 5747
Memorandum
Date: To:
From: Subject:
October 21, 2016 Steven Nicholas, Heery International Seattle 999 Third Aye, Suite 3200 Seattle, Washington 98104 -
James Sommer Genesee Hill Elementary School (GHES) Replacement Commissioning Completion BET Project No.: 03-13370
Dear Steven, The purpose of this letter is to document the completion of the building commissioning process for the GHES project. EEl developed and executed a commissioning plan, including system functional testing that began in the Spring of 2016. Testing, issue troubleshooting, tracking and resolution continued into the Summer and Fall of 2016. The entire process was documented in a Commissioning Record document transmitted to Heery and dated 10/21/2016. Final resolution status for issues discovered, and details of test findings, are included in the report appendices. At this point EEl recommends that Seattle Public Schools accept the commissioned building systems, including HVAC, lighting controls, and modifications to the building automation system. If there are any further questions or concern please let me know. Sincerely,
/
James Sommer, CxT
Engineering Economics Inc
PROJECT DESCRIPTION Engineering Economics Inc (EEl) was hired to provide commissioning (Cx) services for the Seattle School District Genesee Hill Elementary. Seattle Public Schools built a new 91000 square foot school located in West Seattle. Genesee Hill School replaced the existing Genesee Hill building which was built in 1948 and closed in 2010. The new school accommodates up to 660 students and features many shared learning spaces between classrooms. In addition there are spaces for special education, art, science, music and childcare. The building will achieve energy efficiency through daylighting, lighting controls and efficient mechanical systems. Construction type is steel framing with some masonry walls, masonry veneer and metal cladding. The building opened to students the Fall of 2016. EXECUTIVE SUMMARY This Final Commissioning Report contains an overview of the Cx process and results of the Cx program for the Genesee Hill Elementary School. Prominent among the Cx services provided was the witnessing of functional testing for alt heating/cooling/ventilation equipment, domestic hot water and lighting control. This report was prepared, in part, to fulfill prerequisite requirements. A.
Conclusions Installation and operation of commissioned equipment is consistent with applicable contract documents and meets the intent of the Basis of Design and Owner’s Project Requirements. EEl did not validate equipment or items described in the BoD or OPR for non-commissioned equipment.
B.
C.
Commissioning (Cx) Timeline OPR/BoD
05/2013
Schematic Design Review
10/2013
Design Development Review
10/2013
Construction Document Review
06/2015
Cx Specifications Submitted to A/E
10/2013
MEP Systems Start-up
04/2016
Testing, Adjusting & Balancing
04-06/2016
Functional Testing
04-11/2016
100% Outside Air Flush
07/2016
O&M Manual Review
11/2016
Operator Training
08-11/20 16
—
Contractor Provided
Post Occupancy Testing
09-11/2016
10-Month Warranty Review Meeting
2/3/2017
Outstanding Issues & Recommendations All items noted in the commissioning issues resolution log have been completed. Please see Appendix G for a complete list of the issues resolution log.
D.
GHES Final
Observations & Summary of Major Issues
cx Report
©Engineering Economics, Inc. Page 1
Specific items identified by EEl and resolved by the team include: 1.
Area 1 Basement Ventilation The basement mechanical room in Area 1 was designed without any ventilation in the space. During the Fulton Boiler startup it became apparent the lack of ventilation/air movement in the space would be a problem. —
The issue was noted in project communication reports and discussed at the commissioning meetings. As a result, Hargis issued a change to add two fans (supply and exhaust) into the basement mechanical space. The work was completed and tested after certificate of occupancy. 2.
Sequencing & Point Naming Many of the sequences and points provided in the controls submittal for the project did not align with previous Seattle School District projects and standards. There were a total of four meetings held with the construction team and designers in order to revise sequencing and point naming. These four meetings helped to insure the school district would get a building that aligns with their standards.
3.
Fire Alarm Shutdown The project was supplied with ECM motors on most major equipment that did not required VFD’s. Since the fire alarm shutdown is usually ran through the VFD’s, another solution had to be used in order to shut the fans down during a fire event. Several discussions were had between the construction team, Red Hawk and CMS.
—
-
It was determined by Automated Controls and Red Hawk that the fans could be stopped by sending the fan a run signal of O-1OV through fire alarm system relays to break the signals and shut down the fans. This method was tested multiple times by Automated and TDK as well as having final sign off by the fire marshal. 4.
E.
Lighting Control The lighting control for this building had a mix of BAS and local controls. Since there was a split in lighting control, coordination between the electrician and the controls contractor was paramount in getting the system to operate as intended. EEl helped to coordinate lighting intent meetings as well as site walks with Hargis, SSD, Automated and EEl. These meetings, and walks, helped to identify potential issues and clarify responsibility amongst the contractors. The setup of the lighting control continued long after the building was occupied and many issues were identified. The outstanding issues and set up eventually led to more site visits from the vendor. —
Commissioning (Cx) Process Benefits The Cx process for the Genesee Hill Elementary School was successful. The Cx process identified a number of concerns regarding the commissioned equipment. These concerns, identified in Section 4 of this report, were brought to the attention of the design and construction team through written reports. For each item, an observation and recommendation was prepared. The design and construction teams worked together to address issues when they were identified and few outstanding items remain. Benefits delivered to the Seattle School District by EEl include increased occupant comfort, a higher level of confidence that building equipment and controls are operating correctly, and increased energy savings compared to a similar project without successful commissioning.
GHES Final Cx Report
©Engineering Economics, Inc. Page 2
Seattle School District #1 Board Resolution Resolution No. 2016/17-20 A RESOLUTION of the Board of Directors of Seattle School District No. 1, King County, Seattle, Washington accepting the building commissioning report by Engineering Economics, Inc. for the Genesee Hill School Replacement project; and WHEREAS, The Seattle School District Board of Directors has received the building commissioning report from Engineering Economics, Inc. regarding the Genesee Hill School Replacement project; and WHEREAS, it has been determined that the building commissioning report is complete and the building is operating as the commissioning report states; THEREFORE, BE IT RESOLVED, by the Seattle School Board of Directors, that the building commissioning report by Engineering Economics, Inc. for the Genesee Hill School Replacement project is hereby approved. ADOPTED this _____ day of May, 2017.
___________________________________ Sue Peters, President
_________________________________ Leslie Harris, Vice-President
___________________________________ Stephan Blanford, Member
__________________________________ Richard Burke, Member
___________________________________ Jill Geary, Member
__________________________________ Betty Patu, Member
__________________________________ Scott Pinkham, Member
ATTEST: __________________________ Dr. Larry Nyland, Superintendent Secretary, Board of Directors Seattle School District No. 1 King County, WA
WAC 392-344-165: Documents required for release of retainage by s...
http://apps.leg.wa.govIWAC/default.aspx?cite=392-344-165
WAC 392-344-165 Documents required for release of retainage by school district. Release of retainage on contracts shall be subject to receipt by the superintendent of public instruction of the following documents: (1) These documents shall be required no later than thirty days alter official acceptance: (a) Properly executed state invoice voucher as per the requirements of WAC 392-344-145; (b) Architect/engineer certificate(s) of completion; (c) School district board of directors’ resolution of final acceptance signed by the authorized agent of the school district; (d) School district board of directors’ resolution accepting the building commissioning report; (e) Certification by the authorized agent of the school district that the requirements of RCW 39.04.320 apprenticeship utilization have been met. (2) These documents shall be required no later than sixty days after official acceptance: (a) Certification by the authorized agent of the school district that the district has on file all affidavits of wages paid in compliance with RCW 39.12.040; (b) After expiration of forty-five days following acceptance of the project by the school district, a signed statement by the authorized agent of the school district that no lien(s) is on file with the school district or a certified list of each lien is on file with the school district. A copy of each lien shall be forwarded to the superintendent of public instruction; (c) Either a permanent or temporary occupancy permit by building official of the jurisdiction. Also required are release documents as defined in chapter 60.28 RCW, RCW 50.24.130, and 57.12.050. [Statutory Authority: RCW 28A.525.020. WSR 10-19-025, § 392-344-165, filed 9/9/10, effective 10/1 0/1 0; WSR 08-20-008, § 392-344-165, filed 9/18/08, effective 10/19/08; WSR 06-16-032, amended and recodified as § 392-344-165, filed 7/25/06, effective 8/25/06. Statutory Authority: RCW 28A.525..020 and chapters 39.35 and 60.2$ RCW. WSR 92-24-027, § 180-29-1 65, filed 11/24/92, effective 12/25/92. Statutory Authority: RCW 28A.47.830. WSR 83-2 1 -067 (Order 12-83), § 180-29-165,filed 10/17/83.]
SCHOOL BOARD ACTION REPORT DATE: FROM: LEAD STAFF:
April 4, 2017 Dr. Larry Nyland, Superintendent Dr. Lester Herndon, Associate Superintendent, Facilities and Operations (206) 252-0644,
[email protected]
For Intro: For Action:
May 3, 2017 May 17, 2017
1.
TITLE
BEX IV and BTA IV: Lincoln High School Modernization: Resolution 2016/17-21 Intent to Construct Project 2.
PURPOSE
This Board Action Report and Resolution states the district’s intent to construct Lincoln High School, which is a necessary part of the Office of Superintendent of Public Instruction (OSPI) D-form approval process to receive state funding assistance for the Lincoln High School Modernization Project. 3.
RECOMMENDED MOTION
I move that the School Board approve Resolution 2016/17-21, which certifies the intent of Seattle Public Schools to construct the Lincoln High School Modernization Project. 4.
BACKGROUND INFORMATION a. Background: Washington Administrative Code 392-344-130 requires school districts to state, by board resolution, that projects authorized to receive state assistance funding will be completed according to the purposes for which the state funding assistance is being provided. This regulation applies to the Seattle Public Schools Lincoln High School Modernization Project. b. Alternatives: Do not approve the Lincoln High School Modernization Project Resolution 2016/17-21 Intent to Construct as complete. This is not recommended. If the Board does not approve the resolution, it would delay the issuance of the form D-10, which allows the district to enter into a construction contract and could impact the district receiving state funding assistance. Not having the ability to open bids in a timely manner would have a negative impact on the project schedule. If the state assistance funding requirements are not met, the district will not receive approximately $8,295,926 in state assistance funding for this project. Additional capital funds would need to be obtained to complete the project. c. Research • Washington Administration Code 392-344-130 • Office of Superintendent of Public Instruction Form D-9 1
5.
FISCAL IMPACT/REVENUE SOURCE
Fiscal impact to this action will ultimately be the receipt of $8,295,926. The revenue source for this motion is $8,295,926 of state funding assistance. Expenditure:
One-time
Annual
Multi-Year
N/A
Revenue:
One-time
Annual
Multi-Year
N/A
6.
COMMUNITY ENGAGEMENT
With guidance from the District’s Community Engagement tool, this action was determined to merit the following tier of community engagement: Not applicable Tier 1: Inform Tier 2: Consult/Involve Tier 3: Collaborate The selection of projects in the $694.9 million Building Excellence IV (BEX IV) Capital Levy went through an extensive community vetting process and was ultimately approved by more than 72 percent of Seattle voters in February 2013. BEX IV projects were chosen based on four criteria as approved by the School Board: safety and security, capacity needs, building condition, and maximizing flexibility for programs and services. The selection of projects in the BTA IV program went through an extensive community vetting process and ultimately received 72.1% approval on February 9, 2016. Additionally, the Preliminary Environmental Impact Statement (PEIS) for the BTA IV program included a public comment period from May 19, 2016 to June 24, 2016. A total of two comments were received and were addressed in Chapter 7 of the Final PEIS. The design of the Lincoln High School Modernization project was developed by teachers, building support staff, principals, administrators, and community members. This group met throughout 2016, to gather and provide information about facility use, district and school programs, and educational goals, upon which the design was based. The Lincoln High School Modernization project will support the district’s current educational goals as well as providing the flexibility to accommodate emerging educational programs. 7.
EQUITY ANALYSIS
A racial equity analysis was not conducted for this specific action. The selection of projects in both the BEX IV and BTA IV levies was designed to provide equitable access to schools across 2
the city. As the district planned for the BEX IV and BTA IV program, it looked at needs through an equity lens to determine which projects should be prioritized. 8.
STUDENT BENEFIT
The modernization of Lincoln High School will further address the student capacity needs in the Northwest region of the district. This action will also benefit students by providing the necessary funding to design and construct a school facility which meets current educational specifications and operational goals. 9.
WHY BOARD ACTION IS NECESSARY Amount of contract initial value or contract amendment exceeds $250,000 (Policy No. 6220) Amount of grant exceeds $250,000 in a single fiscal year (Policy No. 6114) Adopting, amending, or repealing a Board policy Formally accepting the completion of a public works project and closing out the contract Legal requirement for the School Board to take action on this matter Board Policy No. _____, [TITLE], provides the Board shall approve this item
Other: Office of Superintendent of Public Instruction application process for state assistance funding. 10.
POLICY IMPLICATION
Certifying the intent to construct is a requirement of the Office of Superintendent of Public Instruction State Funding Assistance Form D-9. This action is consistent with Board Policy No. 6100, Revenues from Local, State, and Federal Sources, which states, “It is the policy of the Seattle School Board to pursue systematically those funding opportunities that are consistent with district priorities from federal, state, and other governmental units, as well as from private and foundation sources,” and “the Board agrees to comply with all federal and state requirements that may be a condition for the receipt of federal or state funds….” 11.
BOARD COMMITTEE RECOMMENDATION
This motion was discussed at the Operations Committee meeting on April 20, 2017. The Committee reviewed the motion and _____________. 12.
TIMELINE FOR IMPLEMENTATION
Acceptance of Resolution 2016/17-21 allows the district to continue the OSPI D-form approval process to receive state funding assistance.
3
13.
ATTACHMENTS • •
Resolution 2016/17-21 Lincoln High School Modernization Project: Intent to Construct Washington Administrative Code 392-344-130
4
Seattle School District #1 Board Resolution Resolution No. 2016/17-21 A RESOLUTION of the Board of Directors of Seattle School District No. 1, King County, Seattle, Washington certifying the proposed renovation and addition construction project at the existing Lincoln High School site will be completed according to the purposes for which state matching funds are being provided. WHEREAS, the Lincoln High School Modernization Project qualifies for state matching funds; and WHEREAS, the State Board of Education, pursuant to WAC 392-344-130, states: "... payment shall be made after receipt of written certification by the school board of directors that the school facility project authorized for state matching funds has been or will be completed according to the purposes for which state matching funds are provided;" and WHEREAS, a resolution certifying the project will be completed must be on file with the Office of the Superintendent of Public Instruction before state funds can be disbursed, NOW THEREFORE, BE IT RESOLVED, that the Seattle School Board of Directors, in accordance with the provisions in the Washington Administrative Code 392-344-130, certifies that the modernization of the Lincoln High School Project will be completed according to the purposes for which the state matching funds are being provided; and therefore be it further RESOLVED, that duly certified copies of this resolution shall be presented to the Office of Superintendent of Public Instruction. ADOPTED this ______ day of __________, 2017
___________________________________ Sue Peters, President
_________________________________ Leslie Harris, Vice-President
__________________________________ Stephan Blanford, Member
__________________________________ Richard Burke, Member
___________________________________ Jill Geary, Member
__________________________________ Betty Patu, Member
__________________________________ Scott Pinkham, Member
ATTEST: __________________________ Dr. Larry Nyland, Superintendent Secretary, Board of Directors Seattle School District No. 1 King County, WA
WAC 392-344-130: Disbursement of moneys—Sequence of payments.
Page 1 of 1
WAC 392-344-1 30 Disbursement of moneys—Sequence of payments. The order in which funds shall be disbursed for school facility construction shall be as follows: (1) Prior to payment of state funding assistance, the school district shall make payments on all claims submitted until such time as the total amount of local funds obligated by the district have been expended. (2) When local funds have been expended as in subsection (1) of this section, payments of state funding assistance shall then be made: Provided, That for projects authorized for state funding assistance pursuant to WAC 392-344-115(2) after June 30, 1993, payment shall be made after receipt of written certification by the school district board of directors that the school facility project authorized for state funding assistance has been or will be completed according to the purposes for which the state funding assistance is being provided. [Statutory Authority: ROW 22A.525.020. WSR 10-09-008, § 392-344-130, filed 4/8/10, effective 5/9/10; WSR 06-16-032, amended and recodified as § 392-344-1 30, filed 7/25/06, effective 8/25/06. Statutory Authority: ROW 2$A.525.020 and 1994 c 6 sp.s. WSR 94-13-019, § 180-29-1 30, filed 6/3/94, effective 7/4/94. Statutory Authority: ROW 28A.47.830. WSR 8321-067 (Order 12-83), § 180-29-1 30, filed 10/17/83.1
http ://apps.leg.wa.gov/wac/defauk.aspx?cite=3 92-344-130
3/27/2017
SCHOOL BOARD ACTION REPORT DATE: FROM: LEAD STAFF:
March 17, 2017 Dr. Larry Nyland, Superintendent Dr. Lester Herndon, Associate Superintendent of Facilities and Operations (206) 252-0644
[email protected]
For Intro: For Action:
May 3, 2017 May 17, 2017
1.
TITLE
BEX IV and BTA IV: Approval of the Site Specific Educational Specifications for the Modernization at Lincoln High School Project 2.
PURPOSE
The purpose of this action is to provide the design teams with information about the program space required to support the education program of Lincoln High School, which is scheduled to open in September 2019. 3.
RECOMMENDED MOTION
I move that the School Board approve the Site Specific Education Specifications dated March 13, 2017 for the Building Excellence IV (BEX IV) and Building Technology Academics and Athletics IV (BTA IV) Modernization at Lincoln High School Project, as attached to the Board Action Report. 4.
BACKGROUND INFORMATION a. Background - The Educational Specifications provide the design teams with information about the program spaces required to support the school’s educational program. They also include the specific area requirements that give the type, number and size of spaces. The three sections in the attached document are: 1. Introduction 2. Program Analysis Narrative by Type of Space 3. Tabular Comparison by Room Area Educational Specifications are the written medium through which educators and other stakeholders identify the program factors that are necessary for teaching and learning and shared with architects and engineers during the design process. This process has focused on the development of district-wide standards to standardize the building and furnishing process and provide parity throughout Seattle Public Schools. The SPS Strategic Plan has been the source of the vision that informs the design processes.
1
The Educational Specification document should be used as a guiding document that encourages design professionals to explore creative solutions. It should not be used as a document that limits the design professional. Seattle Public Schools has engaged a variety of stakeholders to develop the information to be included in district-wide Educational Specifications, plus additional stakeholders for the Site Specific Educational Specifications. Each stakeholder contributed to the process from his or her area of expertise. There have been multiple levels of engagement to gain necessary input from a comprehensive list of stakeholders. The process included Nutrition Services, Security, Risk Management, Student Health, Transportation, Functional Capacity Planning, and various other Seattle Public Schools (SPS) staff members. For the Site Specific Educational Specifications the stakeholders included the staff noted above, a thirty (30) member School Design Advisory Team (SDAT) which included staff from Ballard, Roosevelt, and Nathan Hale High School, the Wallingford Community Council, Solid Ground and other community members. They spent many hours providing valuable information for this document. Without their considerable time and effort, this project would not have been possible. Much of the information supplied was provided by a Planning Alliance through a consulting contract with Seattle Public Schools. Additional analysis was supplied by Educational Service District 112 and members of the SPS Capital Projects Department. Once approved by the Board, the Educational Specifications will provide the basis of design for the Lincoln High School Project. b. Alternatives - Deny Motion. If motion is denied, the district will delay the design of the project until such time as an acceptable site specific education specification is acceptable. c. Research - The district-wide High School Educational Specification dated May 31, 2016: This document represents the Educational Program needs for a new high school facility and is used as a benchmark and resource guide for major modernization projects similar to the Lincoln High School Project. 5.
FISCAL IMPACT/REVENUE SOURCE
This action does not represent a specific expenditure. The revenue source for this project is from both BEX IV and BTA IV Capital Levy funds. This project is budgeted at $93,316,928. Funding will also be provided by the Office of Superintendent of Public Instruction (OSPI). Funding of $8,295,926 will also be provided by the Office of Superintendent of Public Instruction.
Expenditure:
One-time
Annual
Multi-Year
N/A
Revenue:
One-time
Annual
Multi-Year
N/A
2
6.
COMMUNITY ENGAGEMENT
With guidance from the district’s Community Engagement tool, this action was determined to merit the following tier of community engagement: Not applicable Tier 1: Inform Tier 2: Consult/Involve Tier 3: Collaborate In February 2013, 72% of Seattle voters approved the BEX IV Capital Levy that included the Lincoln High School Modernization. This levy was the culmination of an eighteen-month long process analyzing the facility needs of the district, and supports the district’s long-range plans to upgrade and renovate aging school facilities. The process included countless hours of planning, coordination efforts throughout the district, community engagement and feedback, extensive Seattle School Board guidance and input that lead to a unanimous Seattle School Board vote in November 2012 that approved the BEX IV projects list. Additionally, projects in the BTA IV program, which also funds the Lincoln High School Modernization, went through an extensive community vetting process and ultimately received 72.1% approval on February 9, 2016. The Preliminary Environmental Impact Statement (PEIS) for the BTA IV program included a public comment period from May 19, 2016 to June 24, 2016. A total of two comments were received and were addressed in Chapter 7 of the Final PEIS. The design of the Lincoln High School Modernization project was developed by the School Design Advisory Team (SDAT) that included a planning principal, staff from other district high schools (Ballard, Roosevelt and Nathan Hale), administrators, the Wallingford Community Council and community members. This group met throughout 2016 to gather and provide information about facility use, district and school programs, and educational goals upon which the design was based. The Lincoln High School Modernization project will support the district’s current educational goals as well as providing the flexibility to accommodate emerging educational programs. There were several additional steps at which public input has been received, including meetings with Solid Ground, a Community Design Review meeting, Director Burke’s Lincoln Community Meeting, the State Environmental Policy Act (SEPA) checklist process, and the City’s Department of Neighborhoods Landmarks process. Many of these processes include public meetings or public comment periods. To date there has been four (4) additional community meetings to discuss the Lincoln project. To date, the following key actions related to this project have been approved by the Board: • A/E Contract P1436 to Bassetti Architects, May 18, 2016 • Contract P1438 for CM Services Heery International, March 16, 2016 • Resolution 2015/16-18, GC/CM Delivery Method, June 15, 2016 • GC/CM Contract P5084 to Lydig, June 15, 2016 3
7.
EQUITY ANALYSIS
The selection of projects in both the BEX IV and BTA IV levies was designed to provide equitable access to schools across the city. As the district planned for the BEX IV and BTA IV program, it looked at needs through an equity lens to determine which projects should be prioritized. 8.
STUDENT BENEFIT
The modernization of Lincoln High School will further address the student capacity needs in the Northwest region of the district. The design will incorporate guidelines and requirements provided in the SPS Educational Specifications and School Design Advisory Team Process where the attention is on a learner-centered environment, by personalizing the environment, program adaptability, community connections, safety, and collaboration. 9.
WHY BOARD ACTION IS NECESSARY Amount of contract initial value or contract amendment exceeds $250,000 (Policy No. 6220) Amount of grant exceeds $250,000 in a single fiscal year (Policy No. 6114) Adopting, amending, or repealing a Board policy Formally accepting the completion of a public works project and closing out the contract Legal requirement for the School Board to take action on this matter Board Policy No. ________, provides the Board shall approve this item Other: Board approval of Educational Specifications is required for state funding assistance.
10.
POLICY IMPLICATION
This action is consistent with School Board Policy No. 6100, Revenues from Local, State, and Federal Sources, which states that it is the policy of the Seattle School Board to pursue systematically those funding opportunities that are consistent with district priorities from federal, state, and other governmental units, as well as from private and foundation sources, and that the Board agrees to comply with all federal and state requirements that may be a condition for the receipt of federal or state funds. Policy No. 6901, Capital Levy Planning, discusses the need for capital projects to fit the educational needs of the district.
4
11.
BOARD COMMITTEE RECOMMENDATION
This motion was discussed at the Operations Committee meeting on April 20, 2017. The Committee reviewed the motion and _____________. 12.
TIMELINE FOR IMPLEMENTATION
Upon approval of this motion, the Architect can continue with the design. Timeline Summary: Schematic Design Pre-Construction Engagement of GC/CM Design Development Construction Documents Negotiation of Maximum Allowable Construction Cost (MACC) School Board Action to approve GC/CM GMP Amendment Construction Commencement Lincoln High School Opens 13.
May – October 2016 July 2016 October-January 2017 February-July 2017 July-August 2017 September 2017 October 2017 September 2019
ATTACHMENTS •
Site Specific Education Specifications for Lincoln High School
5
MEMORANDUM Date
3/13/2017
To
Steve Moore
From
Michael Davis
Subject
Lincoln High School Modernization: Site Specific Educational Specifications
Lincoln High School Modernization
Project Overview
The Lincoln High School Campus is located on a rectangular 6.689-acre site in the Wallingford neighborhood of North Seattle. The site is comprised of five primary buildings and several secondary accessory structures. From 1907 to 1981, the campus was home to Lincoln High School, which housed 2800 students at its peak. Since closing its doors in 1981, the campus has served a variety of community groups and provided a swing space for Seattle Public Schools while other school campuses underwent renovations. In 2013 and 2016, Seattle voters passed the BTA IV and BEX IV school levies, providing the funding to modernize Lincoln’s historic buildings and reopen it as a comprehensive high school to serve the growing capacity needs of the district. The campus consists of two primary zones of buildings. The west buildings are historic, landmarked masonry structures built between 1907 and 1931. The east gym and performing arts buildings, built in 1958, are not part of the designated landmark. Over the years, the campus has been remodeled many times to accommodate the different needs of the site’s tenants and the district. The current scope of the Lincoln High School Modernization focuses primarily on the remodel and modernization of the west buildings, which are approximately 178,580 SF. The east buildings, which are approximately 70,852 SF, will receive minor finish, envelope, mechanical, and fire alarm upgrades.
71 Columbia Street, Suite 500 / Seattle, Washington 98104 t 206 340 9500 / www.bassettiarch.com
MEMORANDUM
Page 2 of 6
Lincoln High School Modernization - Site Specific Educational Specifications 3/13/2017
Project Constraints
The project has three primary constraints: the project budget, the site’s limitations, and the buildings’ limitations. Project Budget: The project construction budget of $56,749,750 limits the amount work able to be completed at Lincoln. Through multiple discussions with the City of Seattle, it has been determined that the school is considered a campus and the extent of the work required by code at the west buildings can differ from the east buildings. Based on this information, the district’s direction on the project’s scope is to focus on the modernization of the west buildings to meet capacity needs. Site: At 6.689 acres, the Lincoln site is undersized for a typical high school. These limitations primarily affect site vehicular parking/access/egress, availability to provide outdoor learning areas, and site athletic facilities. Due to these constraints, the modernization will not provide any outdoor athletic facilities; the current plan is for sport teams to use off-site Seattle Parks and Recreation’s facilities and other available district facilities for practice and competition. Building: The existing conditions at both the west and east buildings limit the ability to meet all program area requirements (square footage, spaces provided, and adjacencies) outlined in the educational specifications. This is largely due to existing structural wall locations, existing wall thickness, inefficient circulation between buildings, existing floor-to-ceiling heights, and available space for the MEP systems. Throughout the project, the design team has reviewed these limitations and deviations multiple times with the district and adjusted the program based on district direction.
Project Design Guiding Principals
Learner-Centered Environment: Guiding Principle subsets provided by SDAT Long-term flexibility, loose fit, long life Welcoming, accessible, and inclusive Spaces that encourage collaboration for students and staff School safety for all students and staff Personalized spaces with a variety of shapes and sizes Cohesive campus that is organized to support educational needs. Supports calm and productivity Indoor / Outdoor connections
Bassetti Architects
MEMORANDUM
Page 3 of 6
Lincoln High School Modernization - Site Specific Educational Specifications 3/13/2017
Personalizing Environment: Guiding Principle subsets provided by SDAT Welcoming, accessible, and inclusive Personalized spaces with a variety of shapes and sizes Cohesive campus that is organized to support educational needs Supports calm and productivity Program Adaptability: Guiding Principle subsets provided by SDAT Long-term flexibility, loose fit, long life Community Connections: Guiding Principle subsets provided by SDAT A campus that is organized to support educational needs Indoor / outdoor connections Preserve/respect/highlight historical context while incorporating 21st Century learning design principles Respond to community needs and the dense urban context Aesthetics: Guiding Principle subsets provided by SDAT Durability and maintainability Indoor / outdoor connections Preserve/respect/highlight historical context while incorporating 21st century learning design principles Respond to community needs and the dense urban context Safety: Guiding Principle subsets provided by SDAT School safety for all students and staff Cohesive campus that is organized to support educational needs Supports calm and productivity Respond to community needs and the dense urban context Collaboration: Guiding Principle subsets provided by SDAT Welcoming, accessible, and inclusive Spaces that encourage collaboration for students and staff Sustainability: Guiding Principle subsets provided by SDAT Long-term flexibility, loose fit, long life On time and on budget Durability and maintainability
Bassetti Architects
MEMORANDUM
Page 4 of 6
Lincoln High School Modernization - Site Specific Educational Specifications 3/13/2017
Generic Educational Specifications for High Schools
During Lincoln’s Pre-Design and Schematic Design phases, Seattle Public Schools undertook a process that updated their Generic Educational Specifications for High Schools. During this time, the design team coordinated with the district’s educational planning consultant (Broadview Associates) in order to provide a modernized facility that meets as much as Educational Specification’s Area Program and critical adjacencies as possible within the existing building and site constraints. Since there is currently no staff or program in place at Lincoln, the projects design direction has focused on providing a flexible school that could accommodate multiple program delivery models. The Educational Specifications program is organized in four primary categories; General Academic Neighborhoods, Specialized Academic Neighborhoods, Learning Support, and Building Support. Each category has specific program subsets which are outlined with major deviations below.
General Academic Neighborhoods 1.
2.
General Education a. Classrooms – Count of classrooms provided meets requirement. Classroom sizes vary slightly based on existing conditions and location; average size within 10% of required area i. Three classrooms have future dual use as teacher planning area b. Neighborhood Learning Commons – Count of Learning Commons spaces provided meets requirement; total square footage 38% below required area due to existing conditions, prioritization of teaching stations, and available square footage within the existing buildings. c. Large Group Conference Rooms – Count of Large Group Conference Rooms provided is one above requirement; total square footage provided meets requirement d. Small Group Conference Rooms - Count of Small Group Conference Rooms provided meets requirement; total square footage 13% below required area due to existing conditions, prioritization of teaching stations, and available square footage within the existing buildings. e. Display – Count and square footage required is under requirement i. Additional Display areas are provided as part of building circulation f. Book and Technology Storage – Count of Book and Technology storage rooms provided is one above requirement; total square footage provided meets requirement Science a. Science Labs Types 1,2,3 - Count of labs provided meets requirement. Lab sizes vary slightly based on existing conditions and location; average size within 10% of required area
Bassetti Architects
MEMORANDUM
Page 5 of 6
Lincoln High School Modernization - Site Specific Educational Specifications 3/13/2017
b.
3.
Science Prep and Storage - Count of Science Prep and Storage rooms provided is one above requirement; total square footage provided within 10% of required area c. Staff Planning Areas: Count and area provided is significantly under requirement. Total square footage 55% below required area due to existing conditions, prioritization of teaching stations, and available square footage within the existing buildings. i. Future increase potential available in three classrooms that have future dual use as teacher planning area Special Education a. SPED Classrooms - Count of SPED classrooms provided meets requirement. Room sizes vary slightly based on existing conditions and location; average size within 10% of required area i. In addition to Resource, Access, Focus, and Emotional/Social Classrooms, the Bridges/ Transition program is going to be located onsite. ii. Majority of SPED classrooms are distributed and flexible b. Distinct Service Rooms - Count of Distinct Service Rooms provided meets requirement. Room sizes vary slightly based on existing conditions and location; average size within 1% of required area c. SPED Support (Kitchen, Toilet Room, OTPT, Storage Offices) - Count of SPED support spaces provided meets requirement. Room sizes vary slightly based on existing conditions and location; average size within 10% of required area
Specialized Academic Neighborhoods 4.
Career & Technical Education a. CTE: Cooking and Nutritional Lab - Existing space reuse located within the east buildings, not part of cohesive academic neighborhood. Lab square footage above area requirement b. CTE: Business, Advertising, and Marketing with Student Store - Space lacks ideal adjacencies, total area under required square footage c. CTE: Computer Science/ Web Design: Not part of cohesive academic neighborhood, located adjacent to Library, area within 5% of requirement d. Skills Center - One skills center provided, existing space reuse located within the east buildings. Medical/Health focused program. Due to recent upgrades space is to remain untouched during construction e. School Makerspace - Reuse of historic study hall space, area within 10% of requirement. Space located on second level lacking ideal on grade access to loading as well as outdoor learning. Located as part of large academic neighborhood
5.
Visual & Performing Arts
Bassetti Architects
MEMORANDUM
Page 6 of 6
Lincoln High School Modernization - Site Specific Educational Specifications 3/13/2017
a.
6.
Visual Arts: 2D Art, 3D Art, and associated support spaces provided are within 10% of total required area. Digital Graphic Art space is omitted i. CTE Computer Science/ Web Design could be considered dual use for Digital Arts space b. Performing Arts - Existing spaces reuse; located within east buildings. Program room counts, support space, and infrastructure well below requirements. See attached detailed area program for summary. Physical Education & Athletics - Existing spaces reuse; located within east buildings. Program room counts, support space, and infrastructure well below requirements. See attached detailed area program for summary.
Learning Support 1.
2.
3.
4.
Library & Information Services - Library space is reuse of existing historic library/auditorium within west buildings. Current area provided is below requirement but meet book volume requirements. Total square footage 25% below required area due to existing conditions and available square footage within the existing buildings. Student Commons & Dining - New commons space becomes heart of the west building modernization. It serves a dual purpose as both a social and learning space. The design focuses on creating a multifunctional space that can support multiple learning scenarios and group sizes. Total square footage 20% below required area due to existing conditions, prioritization of teaching stations, and available square footage within the existing buildings. a. Through discussions with district staff it was determined that the commons would be a maximum of two levels with food served on the ground floor. Health Services a. In house school district provider program count and area requirements met b. Outside Provider (King County Health) spaces are limited in total area and spaces provided. See attached detailed area program summary Administration & Counseling - Primary administration and counseling areas are provided within west buildings and meet area requirements. Primary deficiencies are limited to distributed itinerant offices and distributed work rooms. See attached detailed area program summary.
Building Support 5.
Facility Operations - Counts and program area meets requirement. See attached area program summary.
Bassetti Architects
COMMENTS
AREA
DELTA
DELTA SF
ACADEMIC DISCIPLINES
LINCOLN HIGH SCHOOL 2017‐03‐13 COUNT
TOTAL AREA
AREA
COUNT
Generic Educational Specifications for High Schools ‐ 2016‐05‐13 ‐ Draft
General Academic Neighborhoods General Education Language Arts, Social Studies, Math, World Languages
40 0
40
900
36,000
32,588
‐3,412
Learning Labs
2
450
900
2
0
845
‐55
Neighborhood Learning Commons
8
600
4,800
8
0
2,995
‐1,805
1
1,221
21
Large Group Conference/Seminar
4
300
1,200
5
Small Group Conference/Seminar
8
150
1,200
8
0
1,053
‐147
Display
4
100
400
3
8
100
800
7
‐1 56 ‐1 620
‐344
Book & Technology Storage Arts Integration Supply Storage
8
50
400
4
‐4 304
‐96
10
1,350
13,500
10 10 12,651
‐849
Science: Prep & Storage
5
300
1,500
6
Staff Planning (General and SPED)
11
620
6,820
4
‐180
Science Science: Type 1,2,3 ‐ Physics & Earth Science, Biology, Environmental Science, Chemistry
General Education ‐ Subtotal
1 1,376 ‐7 3,197
67,520
‐124 ‐3,623
56,906
Special Education Classroom: Resource Services
2
900
1,800
Classroom: Access Services
2
900
1,800
Classroom: Focus Services
2
900
1,800
Classroom: Social/Emotional Services
2
900
1,800
Classroom: Distinct Services
2
450
Teaching Kitchen
0
0
8
0
6951
‐249
900
2
0
895
‐5
0
2
2
379
379 ‐57
Toilet Room with Changing Table
1
150
150
1
0
93
OT/PT Room
1
450
450
1
0
443
‐7
OT/PT Equipment Storage Room
1
150
150
1
0
132
‐18
Psychologist & SLP Offices
2
120
240
2
0
222
‐18
Special Education ‐ Subtotal
9,090
9,115
General Academic Neighborhoods ‐ Subtotal
76,610
66,021
815 SF Average
Included in circulation
1,350
1
0
CTE: Business, Advertising & Marketing
1
1,350
1,350
1
0
COMMENTS
1,350
DELTA SF
1
ACADEMIC DISCIPLINES
AREA
CTE: Cooking & Nutrition Lab (Residential)
AREA
DELTA
LINCOLN HIGH SCHOOL 2017‐03‐13 COUNT
TOTAL AREA
COUNT
Generic Educational Specifications for High Schools ‐ 2016‐05‐13 ‐ Draft
Specialized Academic Neighborhoods Career & Technical Education 2094 847
744
CTE: Student Store
1
200
200
1
0
392
‐503 192
CTE: Computer Science/Web Design CTE: Site‐specific Skills Center Lab incl support spaces and storage School‐wide Makerspace
1
1,350
1,350
1
0
1301
‐49
2 1
1,800 2,500
3,600 2,500
1
‐1
1961
‐1,639
1
0
2272
‐228
Career & Technical Education ‐ Subtotal
10,350
8,867
Visual & Performing Arts Arts, 3‐D, incl kiln/supply storage/project storage
1
1,800
1,800
1
0 0
1769
‐31
Includes half of Art Off/Storage Includes half of Art Off/Storage
Arts, 2‐D, incl supply storage/project storage
1
1,800
1,800
1
1466
‐334
Arts, Digital: Graphics/Photography, incl storage
1
1,350
1,350
0
‐1
0
‐1,350
Music, Band Practice Room
1
2,000
2,000
1
0
2,354
354
Instrument Storage for Band & Orchestra
2
450
900
2
0
323
‐577
Music, Orchestra/Choral Practice Room
1
1,800
1,800
1
0
1457
‐343
‐1
Music, Electronic Keyboard Practice
1
900
900
0
0
‐900
Music, Practice Room, Ensemble
1
300
300
1
0
186
‐114
Music, Practice Room, Small
5
75
375
4
‐1
368
‐7
Music, Band/Orch Teacher Planning Office
1
620
620
2
1
194
‐426
Music, Library (shared)
1
300
300
0
‐1
323
23
‐2
0
‐300
Music, Band Uniform & Choir Robe Storage
2
150
300
0
Music, Choir Riser Storage
1
150
150
0
‐1
0
‐150
Music, Sound Equipment Storage
1
150
150
0
‐1
0
‐150
Performing Arts, Main Theater
1
5,000
5,000
1
0
8,198
3,198
0
Performing Arts, Stage
1
3,000
3,000
1
3686
686
Performing Arts, Orchestra Pit
1
500
500
0
‐1
0
‐500
Performing Arts, Black Box Theater/Drama Class
1
2,000
2,000
1
0
1844
‐156
Multi‐Purpose Classroom
2
400
800
0
‐2
0
‐800
Performing Arts, Scene Shop
1
1,000
1,000
0
‐1
0
‐1,000
Performing Arts, Props Storage
1
230
230
2
1
234
4
‐1
0
‐200
174
‐26
ACADEMIC DISCIPLINES
Performing Arts, Costume Storage
1
200
200
0
Performing Arts, Lighting Control Booth
1
200
200
1
0
1
0
1
0
Performing Arts, General Storage incl Grand Piano
1
200
200
Performing Arts, Lobby/Foyer
1
1,000
1,000
Visual & Performing Arts ‐ Subtotal
26,875
AREA
Performing Arts, Dressing / Makeup / Toilets
AREA
DELTA
DELTA SF
COMMENTS
LINCOLN HIGH SCHOOL 2017‐03‐13 COUNT
TOTAL AREA
COUNT
Generic Educational Specifications for High Schools ‐ 2016‐05‐13 ‐ Draft
188
‐12
1664
664
24,428
Physical Education & Athletics Physical Education, Main Gym
2
6,750
13,500
2
0
13075
‐425
Physical Education, Auxiliary Gym
1
5,640
5,640
0
‐1
0
‐5,640
Physical Education, Multipurpose Physical Education, Fitness/Weight Room
1 1
2,400 1,800
2,400 1,800
0
‐1
1
0
0 833
‐2,400 ‐967
Physical Education, Student Locker/Shower/Tlts
2
1,960
3,920
2
Physical Education, Equipment Storage
1
1,200
1,200
Physical Education, Technology Equip Storage
1
40
40 480
Physical Education, Staff Office & Locker Physical Education & Athletics, Staff Toilet/Shower
2 2
240 200
400
0
4481
561
‐1
1092
‐108
0
‐1
0
‐40
5
3
627
147
2
0
419
19
‐1
Classroom, Health Education
1
900
900
0
0
‐900
Athletics, Student Locker/Shower/Toilets
2
1,200
2,400
0
‐2
0
‐2,400
Athletic Director Office
1
150
150
2
1
160
10
Athletics, Coach Office & Locker
2
240
480
2
0
172
‐308
0
‐1
1
0
0 369
‐500 ‐31
Athletics, Uniform Drying Athletics, Training Room
1 1
500 400
500 400
Athletics, Equipment Storage
3
200
600
1
‐2
702
102
Athletics, Outdoor Equipment Storage
1
150
150
0
‐1
0
‐150
PE/Athletics Teacher Planning Office
1
620
620
34,960 620 0
‐1
21,930 0
‐620
Physical Education ‐ Subtotal
Specialized Academic Neighborhoods ‐ Subtotal
72,805
55,225
Converted Storage Room
Included in PE lockers
COMMENTS
DELTA SF
DELTA 0
200
1
0
213
13
300
300
1
0
234
‐66
150
600
3
‐1
426
‐174
0
ACADEMIC DISCIPLINES
AREA
COUNT
TOTAL AREA
LINCOLN HIGH SCHOOL 2017‐03‐13
1
AREA
COUNT
Generic Educational Specifications for High Schools ‐ 2016‐05‐13 ‐ Draft
Learning Support Library & Information Services Library ‐ Group Instruction/Reading/ Circulation/Stacks
1
6,000
6,000
Workroom
1
200
Conference Room, Large
1
Conference Room, Small
4
4420
‐1,580
Conference Room, Large (Distance Learning)
1
300
300
1
263
‐37
Conference Room, Small (Distance Learning)
4
150
600
4
0
530
‐70
I/T Support & Computer Repair/Checkout
1
250
250
1
0
311
61
Library & Information Services ‐ Subtotal
8,250
6,397
Student Commons & Dining Student Commons / Dining Area
1
4,000
1
0
6320
2,320
1,088 450
2,176 900
0
‐2
0
‐2
0 0
‐2,176 ‐900
4,000
Distributed Commons: Forum Distributed Commons: Learning Lab
2 2
Distributed Commons: Small Group Collaboration
3
300
900
0
‐3
0
‐900
ASB Office & Workroom
1
450
450
1
0
344
‐106
Student Activities Coordinator Office
1
120
120
1
0
99
‐21
2
361
‐39
5
2069
‐431
Commons Chair & Table Storage
1
400
400
3
Kitchen: including all areas
1
2,500
2,500
6
Servery
1
1,200
1,200
1
0
1201
1
Vending machine/Grab'n'Go Cart niches
2
25
50
2
0
17
‐33
Staff Toilet/Locker, Unisex
1
50
50
1
0
55
5
Student Commons & Dining ‐ Subtotal
12,746
10,466
Health Services School Nurse (School District Provider) School Nurse Office / Treatment Room
1
180
180
1
0
172
Cot Room (2 cots)
1
120
120
1
0
126
6
Restroom / Shower / Washer / Dryer
1
120
120
1
0
115
‐5
‐8
1
160
160
1
0
86
Health Care Provider Office
1
120
120
1
0
133
13
Mental Health Counselor Office
1
120
120
1
0
72
‐48
Itinerant / Shared Provider Offices
2
120
240
0
‐2
0
‐240
0
203
3
0
69
‐2
ACADEMIC DISCIPLINES School‐Based Health Center (Outside Provider)
Exam Rooms
2
100
200
2
Lab
1
80
80
1
AREA
Reception / Waiting (shared by both providers)
AREA
DELTA
DELTA SF
COMMENTS
LINCOLN HIGH SCHOOL 2017‐03‐13 COUNT
TOTAL AREA
COUNT
Generic Educational Specifications for High Schools ‐ 2016‐05‐13 ‐ Draft
‐74
Toilet Room
1
50
50
1
0
57
7
Conference Room
1
150
150
0
‐1
0
‐150
Health Services ‐ Subtotal
1,540
1,033
Administration Public Reception & Waiting
1
500
500
1
0
Secretary/Office Manager/Support (open area)
1
300
300
1
0
Attendance Office
1
150
150
1
0
144
‐6
Registrar Office
1
150
150
1
0
137
‐13
Principal ‐ central
1
180
180
1
0
184
4
0
176
‐4
637
‐163
Assistant Principal
1
180
180
1
Business Manager
1
180
180
1
0
315
135
Conference Room, Medium
1
180
180
1
0
201
21
Admin Workroom / Copy / Mail / Kitchenette
1
300
300
1
0
331
31
0
Records / Secure Storage
1
180
180
1
197
17
Closet / General Storage
1
100
100
0
‐1
0
‐100
Alumni
1
150
150
1
0
137
‐13
Staff Toilets
2
60
120
2
0
156
36
Reception / Secretary & Waiting
1
300
300
0
‐1
0
‐300
Guidance Counselor Offices
4
120
480
4
0
487
7
‐1
148
‐92
0
698
‐202
Counseling / Student Services
Conference Room ‐ Small
2
120
240
1
Career Resource Center
1
900
900
1
Distributed to Other Floors or Buildings for Supervision
Combined
Included in business office
3
30
90
1
‐2
160
70
Ass't Principal / Dean of Students offices
2
180
360
2
0
336
‐24
Itinerant Offices ‐ distributed
6
120
720
2
‐4
214
‐506
240
1
0
229
‐11
ACADEMIC DISCIPLINES
Security Office
1
240
AREA
Reception / Waiting for distributed offices
AREA
DELTA
DELTA SF
COMMENTS
LINCOLN HIGH SCHOOL 2017‐03‐13 COUNT
TOTAL AREA
COUNT
Generic Educational Specifications for High Schools ‐ 2016‐05‐13 ‐ Draft
0
Distributed to Other Floors or Buildings for Convenient Access Staff Lounge
1
900
900
1
Distributed Workrooms
2
150
300
0
Administration & Counseling ‐ Subtotal Learning Support ‐ Subtotal
0
0
742
‐158
‐2
0
‐300
7,200
5,629
29,736
23,525
Building Support Central Receiving/Workroom/Storage
1
800
2
1
650
0
99
‐1
0
‐24 91
Lead Custodian Office
1
100
100
1
Conference/Staff Break Room
1
200
200
1
‐150
Staff Locker & Shower
1
50
50
1
0
176 59
Staff Toilet, Unisex
2
50
100
1
‐1
55
5
4
687
127
1521
121
238
88
Custodial Closets Equipment Storage
7 1
80 800
560 800
11 5
4
Furniture Storage
1
400
400
8
7
Facilities & Grounds Equipment Storage*
1
150
150
1
0
Building Support ‐ Subtotal NET ASSIGNABLE AREA
800
Program
3,160
3,485
182,311
148,256
SCHOOL BOARD ACTION REPORT DATE: FROM: LEAD STAFF:
April 11, 2017 Dr. Larry Nyland, Superintendent Faauu Manu/ JSCEE Services Manager/ 252-0205; Ronald Boy/ Senior Assistant General Counsel/ 252-0114
For Intro: For Action:
May 3, 2017 May 17, 2017
1.
TITLE
Motion to amend Board Policy No. 3141, Nonresident Students 2.
PURPOSE
This Board Action Report makes edits to Board Policy No. 3141, Nonresident Students, to reflect changes in the law, ensure legal compliance, and provide additional clarity to those applying for admission into the District. 3.
RECOMMENDED MOTION
I move that the School Board amend Board Policy No. 3141, Nonresident Students, as attached to the Board Action Report. 4.
BACKGROUND INFORMATION a. Background Current Board Policy No. 3141, Nonresident Students, has a number of areas that need to be changed in order to be consistent with state law and provide additional ability for the District to manage capacity in District buildings. The current wording of the Policy is unclear whether admission is granted to the District or a building. However, RCW 28A.225.225 is clear that admission shall be granted at the District level. Making this distinction clear in our policy and nonresident application will allow greater ability to manage building capacity and is predicted to reduce the number of nonresident appeals. Further, in 2013, an additional criteria to reject admission to a nonresident student was added to RCW 28A.225.225 that is not reflected in our current Board Policy, but is included as part of this amendment. The edits to the policy also bring the language into alignment with the District’s Transportation Service Standards. b. Alternatives Do not amend the policy. This is not recommended because the changes help to eliminate the risk of confusion surrounding the provision of transportation for students and should also help to manage building capacity issues. c. Research
1
State law, including RCW 28A.225.225 and 28A.225.240 were used to amend this policy. In addition, Tacoma Public Schools’ Policy 3141 was reviewed for benchmarking purposes. 5.
FISCAL IMPACT/REVENUE SOURCE
There is no fiscal impact related to amending Policy No. 4237. The revenue source for this motion is N/A. Expenditure:
One-time
Annual
Multi-Year
N/A
Revenue:
One-time
Annual
Multi-Year
N/A
6.
COMMUNITY ENGAGEMENT
With guidance from the District’s Community Engagement tool, this action was determined to merit the following tier of community engagement: Not applicable Tier 1: Inform Tier 2: Consult/Involve Tier 3: Collaborate If the policy is approved, the community will be informed through the nonresident application information that will be posted on the District website and at the JSCEE enrollment services desk. 7.
EQUITY ANALYSIS
The tool wasn’t applied because the changes are focused on legal compliance. 8.
STUDENT BENEFIT
Changes to this Policy should help to make the enrollment process for nonresident students easier to understand and may provide a smoother process for some. 9.
WHY BOARD ACTION IS NECESSARY Amount of contract initial value or contract amendment exceeds $250,000 (Policy No. 6220) Amount of grant exceeds $250,000 in a single fiscal year (Policy No. 6114) Adopting, amending, or repealing a Board policy 2
Formally accepting the completion of a public works project and closing out the contract Legal requirement for the School Board to take action on this matter Board Policy No. _____, [TITLE], provides the Board shall approve this item Other: _____________________________________________________________________ 10.
POLICY IMPLICATION
If approved, this motion would amend Policy No. 3141, Nonresident Students. 11.
BOARD COMMITTEE RECOMMENDATION
This motion was discussed at the Operations Committee meeting on April 20, 2017. The Committee reviewed the motion and _____________. 12.
TIMELINE FOR IMPLEMENTATION
Upon approval of this motion, Policy No. 3141, Nonresident Students, will be amended and new versions of the policy will be posted online. Enrollment Services will edit the nonresident application materials to reflect the changes in the policy. 13.
ATTACHMENTS • •
Board Policy No. 3141, Nonresident Students – Clean (for approval) Board Policy No. 3141, Nonresident Students – Redline (for reference)
3
NON-RESIDENT STUDENTS
Policy No. 3141 December 7, 2011 [DATE] Page 1 of 4
Any student who resides outside the districtDistrict may apply to attend a school in the district. The districtDistrict. However, the District recognizes a primary obligation to school age children who reside within the District. When it is determined space is available within the District, the District will accept otherwise qualified nonresident students each school year. NonresidentNonresident students may enroll during a time period which will be established each year. The non-residentnonresident enrollment period will occur after Open Enrollment, the period when resident students may request transfers. However, nonresident students seeking enrollment in an Open Doors Youth Reengagement program will not be subject to this timeline. The districtDistrict shall provide information on interdistrict enrollment policies to nonresidents on request and have copies of the Superintendent of Public Instruction's annual information booklet on enrollment options in the state available for public inspection at each school building, the central office, and local public libraries. A parent or /guardian shall apply for admission on behalf of his or her child by completing the appropriate dDistrict application. The Superintendent or his or her designee shall develop an application form which contains information including, but not limited to, the current legal residence of the child and the school district in which he or she is currently enrolled or receiving home-based instruction, the basis for requesting release from the resident district and, the specific building andchild’s grade level, and the preferred buildings in which the student desires to be enrolled if accepted by the districtDistrict. The Superintendent or his or her designee will accept or reject an application for nonresident admission based upon the following standards: A. Whether space is available in the student’s grade level or the student’s selected classes at the building in which the student desires to be enrolled; B. Whether appropriate educational space is available in the programs or services are available needed to improve the student's condition as stated in requesting release from his or her districtaddress the educational needs of residence;the nonresident student; C. Whether the student's attendance in the districtDistrict is likely to create a risk to the health or safety of other students or staff; D. Whether the student’s acceptance would constitute a financial hardship for the districtDistrict;
NON-RESIDENT STUDENTS
Policy No. 3141 December 7, 2011 [DATE] Page 2 of 4
E. Whether the student's disciplinary records indicate a history of convictions for offenses or crimes, violent or disruptive behavior, or gang membership (a gang means a group of three or more persons with identifiable leadership that on an ongoing basis regularly conspires and acts in concert mainly for criminal purposes); and F. Whether the student has been expelled or suspended from a public school for more than ten consecutive days, in which case the student may apply for admission under the district's policy for readmission of expelled students.; and G. Whether the parent/guardian can provide transportation for the nonresident student. If the non-residentnonresident student is the child of a full-time certificated or classified school employee, an exception to the non-residentnonresident timeline will allow the employee to request enrollment at the start of Open Enrollment established for resident students if the only request for school assignment is the employee’s worksite. or if the requested school is part of the worksite’s K-12 continuum. The Superintendent or his or her designee shall accept the transfer request unless the nonresident student: A. Has a history of convictions for offenses or crimes, violent or disruptive behavior, or gang membership; B. Has been expelled or suspended from school for more than ten consecutive days; or C. Enrollment of a child would displace a child who is a resident of the district, (the child must be permitted to remain enrolled until he or she completes his or her schooling).); or D. The Student has repeatedly failed to comply with requirements for participation in an online school program, such as participating in weekly direct contact with the teacher or monthly progress evaluations. The Superintendent or his or her designee in a timely manner shall provide all applicants with written notification of the approval or denial of the application. If the student is to be admitted, the Superintendent or his or her designee shall notify the resident district and make necessary arrangements for the transfer of student records.
NON-RESIDENT STUDENTS
Policy No. 3141 December 7, 2011 [DATE] Page 3 of 4
If the application is denied, the Superintendent or his or her designee will notify the parent or guardian of the right to file a transfer appeal with the districtDistrict. A final decision shall be promptly communicated to the parent in writing, including the right to appeal to OSPI. The final decision of the district to deny the admission of a nonresident student may be appealed to the Superintendent of Public Instruction or his or her designee. Nonresident students are accepted into the districtDistrict, not into a school or program and are accepted for only one academic year. Termination of Assignment Non-residentNonresident student enrollment may be terminated if: 1. The resident student population increases to the point that there is insufficient capacity for non- resident students in the assigned school or program, in which case the non-residentnonresident student(s) will be offered attendance at another school or program if space exists elsewhere; 2. Information about the student’s instructional needs, or academic or disciplinary records, were unknown or materially misrepresented on the application; 3. The student is suspended or expelled from the school or districtDistrict under standard disciplinary procedures; or 4. The student has engaged in violent or disruptive behavior. Transportation Non-residentNonresident students are not eligible for districtmay arrange to be provided District transportation except on a space-available basis as determined byunder the Transportation Department.following conditions:
NON-RESIDENT STUDENTS
Policy No. 3141 December 7, 2011 [DATE] Page 4 of 4
1. High School and Middle School students may utilize existing bus routes serving their assigned school. 2. Elementary / K-8 students: a. The parent/guardian must provide an alternate or childcare address within the District that conforms to the existing bus routes for the student’s assigned school. b. The parent/guardian must provide contact person for the alternate or childcare address. 3. The parent/guardian is responsible to ensure transportation to the existing bus route, childcare, or alternate address.
Adopted: December 2011 Revised: [DATE] Cross Reference: Policy No. 3120 Related Superintendent Procedure: Previous Policies: D13.00 Legal References: RCW 28A.225.220 Adults, children from other districts, agreements for attending school — Tuition; RCW 28A.225.225 Applications from school employees' children, nonresident students, or students receiving home-based instruction to attend district school— Acceptance and rejection standards—Notification; RCW 28A.225.240 Appeal from certain decisions to deny student's request to attend nonresident district — Apportionment of credit; RCW 28A.225.290 Enrollment options information booklet; RCW 28A.225.300 Enrollment options information to parents; C 36 L 03 Enrolling Children of Certificated and Classified School Employees; WAC 392-137 Finance — Nonresident attendance Management Resources: Policy News, June 2003; September 1999