nevada state high school governing body budget meeting … · 2018-10-18 · nevada state high...
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NEVADA STATE HIGH SCHOOL
Governing Body Budget Meeting
Thursday, August 16, 2018, 7:39 p.m.
Nevada State High School at Sunrise
850 S. Durango Suite 100
Las Vegas, NV 89145
MINUTES OF MEETING
DRAFT Members
Present: Shane Zeller (Chair)
Luke Adamo (Vice-Chair)
Laurie Nanni (Clerk)
Nohemi Garcia
Luis Maceira
Rocio Mejia
Michael Pelham
Saul Wesley
Barbara Graham
Members
Absent:
Others Present: Dr. John Hawk (Chief Operations Officer) Dr. Wendi Hawk (Chief Academic Officer), Erika
Capulo, Nya Berry
Call to Order/Roll Call/Pledge of Allegiance/Approval of a Flexible Agenda
Mr. Shane Zeller called the meeting to order at 7:39 p.m. Rollcall was taken during Nevada State
High School flagship meeting. All Members still present.
Luke Adamo moved to approve a flexible agenda. Saul Wesley seconded the motion.
Motion carried unanimously. 9-0-0
At this time, agenda item 1 was opened.
1) Public comments on any action item on the agenda Governing Body Chair may impose a three-minute time limit for each speaker
No comment
2) Executive update (Information/Discussion/Action)
a) Update on new sites and enrollment (Mark Schumm)
Mr. Mark Schumm mentions Sunrise has a projected number of 37 students and as of today, they
have 39 enrolled students. Mr. mark Schumm mentions that the DSA and his team are working
hard. The Sunrise site is scheduled to open Mid-October 2018. Mr. Mark Schumm mentions the
site is located at the Conner of Lamb and Carry after a board member asked its location.
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3) Approval of Consent Agenda (Shane Zeller, Chair) (Information/Discussion/Action) Information concerning the following consent agenda items has been forwarded to Governing Body members for study prior to
the meeting. Unless a Governing Body Member or a member of the public has a question concerning a particular item and asks
that it be withdrawn from the consent list, items are approved at one time by the Nevada State High School Governing Body.
a) Approval of the minutes from 4/19/2018
b) Approval of the school’s student handbook FY1819 (following NSHS Network Handbook);
c) Approval of the school’s staff handbook FY1819 (following NSHS Network Handbook);
d) Approval of Emergency Action Plan/Crisis Plan for FY1819 (following Network
PCDR_04.003 as recommended by committee);
e) Approval of the school’s Internet Safety Policy (following Network PLCY_04.002);
f) Approval of the school’s Safe and Respectful Learning Environment Policy (following
Network PLCY_04.003);
g) Ratify employees’ contracts for FY1819; During public meeting on 4/19/2018, the Governing Body gave approval of Nevada State High School administration to hire
part-time/full-time personnel and/or profession services at the school that include, but are not limited to teacher(s), staff
position(s), student worker(s), counselor(s), nurse(s), and other professional staff to assist with the efficient or successful
operation of the school. The Governing Body will seek ratification of any such position and/or service at a subsequent board
meeting.
h) Approval of the school’s Test Security Plan and Test Security Annual Update FY1819
(following Network Policy);
i) Approval to offer staff and administrative performance incentives (following Network)
j) Approval of NSHS attendance, progressive discipline and harassment policy (following
Network Policy)
Dr. John Hawk mentions that this is a brand-new school and it is going to follow the Network
model.
Luke Adamo moved to approve agenda items 3a-j. Michael Pelham seconded the motion.
Motion carried unanimously. 9-0-0.
4) Ratify receiving NSHS Network loan an additional $50,000 to Sunrise under the same
conditions as previous $100,000 loan (John Hawk, COO) (Information/Discussion/Action)
Dr. John Hawk is for asking the board for approval to receive the loan of $50,000.
Saul Wesley moved to approve agenda item 4. Luke Adamo seconded the motion. Motion
carried unanimously. 9-0-0.
5) Approval for Nevada State High School Network and Sunrise to apply for local, State,
Federal, or private grants that is consistent with the school’s mission for any school in the
networks portfolio including expansion and replications schools (John Hawk, COO)
(Information/Discussion/Action)
Dr. John Hawk mentions that it is the same as the network school, to apply for grants.
Luke Adamo moved to approve agenda item 5. Michael Pelham seconded the motion. Motion
carried unanimously. 9-0-0.
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6) Board Member Comments
No comments
7) Public Comments Governing Body Chair may impose a three-minute time limit for each speaker.
No Comments
8) Adjournment
Michael Pelham moved to adjourn the meeting. Saul Wesley seconded the motion. Motions was
carried 9-0-0.
Meeting ends at 7:44pm
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Nevada State High School
Purchase Order Report
Count PO Number Status Vendor Total
001 18190001 Issued Twice M, LLC $1,900.00
002 18190002 Closed Latin Chamber of Commerce $1,500.00
003 18190003 Closed Canon Solutions America, Inc. $7,211.00
004 18190004 Closed CITICASTERS CO. $23,840.00
005 18190005 Issued Wells Fargo $5,153.10
006 18190006 Issued Adelle Dittman $300.00
007 18190007 Closed Staples Business Advantage $218.82
008 18190008 Issued Stimulus Technologies $1,083.60
009 18190009 Closed Machabee Office Environments $25,831.44
010 18190010 Closed Integrita Systems, LLC $11,045.00
011 18190010-1 Closed Integrita Systems, LLC $11,045.00
012 18190011 Closed Staples Business Advantage $180.00
013 18190011-1 Issued Staples Business Advantage $500.00
014 18190013 Issued Maryse Wells $600.00
015 18190014 Issued Lamb Carey LLC $12,800.00
016 18190015 Issued Regional Transportation Commission $800.00
FY1819 Purchase order approvals
Page 1 of 1
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Start
New board packet information added on
10/18/2018
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Nevada State High School
Budget Revision FY1819
Revised Adopted Quarter1 Quarter2 YTD
Total Revenues 288,088 67,663 67,663
Total 100 Wages 32,527 720 720
Total 200 Benefits 7,441 1,595 1,595
Total 300 Prof Serv 113,468 1,986 1,986
Total 400 Prop Serv 26,275 1,875 1,875
Total 500 Other Serv 83,630 250 250
Total 600 Supplies 14,551 912 912
Total 700 Property - - -
Total 800 Debt/Misc 313 5 5
Total Expenditures 278,203 7,343 7,343
Total Other - - - -
Financing Sources
Excess (deficiency) 9,885 - 60,319 - 60,319
of revenues
Fund Balance, - - - - -
Start of Year
Fund Balance, 9,885 - 60,319 - 60,319
End of year
Fund
Balance
Table 1: Sunrise budget for fy1819
Budget Actuals
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End
New board packet information added on
10/18/2018
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Nevada State High School at Sunrise
Summary Budget Proposal FY1819 on Thursday, October 18, 2018
Revised Adopted Quarter1 Quarter2 YTD
Total Revenues 288,088 ‐
Total 100 Wages 32,527 ‐
Total 200 Benefits 7,441 ‐
Total 300 Prof Serv 113,468 ‐
Total 400 Prop Serv 26,275 ‐
Total 500 Other Serv 83,630 ‐
Total 600 Supplies 14,551 ‐
Total 700 Property ‐ ‐
Total 800 Debt/Misc 313 ‐
Total Expenditures 278,203 ‐
Total Other ‐ ‐ ‐ ‐
Financing Sources
Excess (deficiency) 9,885 ‐ ‐ ‐ ‐
of revenues
Fund Balance, ‐ ‐ ‐ ‐ ‐
Start of Year
Fund Balance, 9,885 ‐ ‐ ‐ ‐
End of year
Fund
Balance
Table 1: Sunrise budget for fy1819
Budget Actuals
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RESOLUTIONS PROPOSED FOR ADOPTION
AT THE OCTOBER 18, 2018 MEETING OF THE
BOARD OF DIRECTORS OF
NEVADA STATE HIGH SCHOOL
WHEREAS, it is proposed that Nevada State High School (“NSHS”) enter into an
Interlocal Agreement with Nevada State High School at Sunrise (“Sunrise”) in the form attached
hereto as Exhibit A, under which NSHS would work together with Sunrise to provide direct and
shared network services, support, and activities to operate a NSHS model school, following the
cost allocation policy attached thereto for payment of direct school and shared network costs.
WHEREAS, the terms and conditions of the proposed Interlocal Agreement has been
reported to and reviewed by the Board of Directors of NSHS (the “Board”).
WHEREAS, upon Board approval of the proposed Interlocal Agreement, NSHS shall: (i)
within thirty (30) days after mutual execution of the Interlocal Agreement by NSHS and Sunrise,
delivery a copy of the fully executed Interlocal Agreement to its sponsor, the State Public School
Charter Authority (“Sponsor”), and (ii) record the same with the county recorder of Clark
County.
WHEREAS, the Board believes that NSHS’s (a) execution and delivery of the Interlocal
Agreement, (b) consummation of the transactions contemplated by the Interlocal Agreement, (c)
performance of NSHS’s obligations under the Interlocal Agreement, (d) incurrence of the
obligations under the Interlocal Agreement, (e) implementation of the cost allocation policy
under the Interlocal Agreement, and (f) delivery to Sponsor and recordation of the Interlocal
Agreement, are, in each case, advisable and in the best interest of NSHS and will benefit NSHS,
directly or indirectly, and are in furtherance of the conduct, promotion or attainment of NSHS’s
core purposes and mission.
RESOLVED, that NSHS’s execution and delivery of the Interlocal Agreement with
Sunrise is hereby approved; and
RESOLVED FURTHER, that the Board hereby authorizes and approves NSHS’s (i)
consummation of the transactions contemplated by the Interlocal Agreement, (ii) performance of
its obligations under the Interlocal Agreement, (iii) incurring the obligations under the Interlocal
Agreement, (iv) implementation of the cost allocation policy under the Interlocal Agreement, and
(v) delivery to Sponsor and recordation of the Interlocal Agreement, and
RESOLVED FURTHER, that the officers and directors of NSHS are hereby authorized
and directed to execute and deliver the Interlocal Agreement and to take such further steps as
may be necessary or appropriate to give effect to the foregoing resolution and its intent; and
RESOLVED FURTHER, that all prior actions by the officers and directors of NSHS in
preparation and negotiation of the foregoing arrangements and otherwise in effecting the
purposes and intent of the foregoing resolutions, are hereby ratified, confirmed and approved.
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EXHIBIT A
INTERLOCAL AGREEMENT
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INTERLOCAL AGREEMENT
BETWEEN NEVADA STATE HIGH SCHOOL
AND NEVADA STATE HIGH SCHOOL AT SUNRISE
This Interlocal Agreement (“Agreement”) is made and entered into by and between the
NEVADA STATE HIGH SCHOOL (herein referred to as "NETWORK") and the NEVADA
STATE HIGH SCHOOL AT SUNRISE (hereinafter referred to as "CAMPUS") (together, “the
Parties”) both of which are political subdivisions of the State of Nevada.
RECITALS
WHEREAS, the Parties are separate independent public agencies pursuant to NRS
277.100 governed by a single Board of Directors under separate contracts with the SPCSA
(defined in Section 4.8 below) pursuant to Nevada Revised Statutes (“NRS”) Chapter 388A.150;
and
WHEREAS, the NETWORK is a charter management organization pursuant to NRS
388A.020 that holds three separate charters. These charters are the NETWORK, the CAMPUS,
and Nevada State High School at Sunrise; and
WHEREAS, the CAMPUS is a Nevada charter school sponsored by the SPCSA and is
operating under the Charter Contract (defined in Section 4.3 below) with the SPCSA and the
Charter Application; and
WHEREAS, the NETWORK has been successfully operating for over fourteen years and
is structured to share resources, provide professional services, and evaluate the integrity and
fidelity of the CAMPUS’s execution of the NETWORK Model (as defined in Section 4.6 below);
and
WHEREAS, the NETWORK is well-informed and aware of the specifics of the charter
school landscape and is positioned to meet the technical assistance needs of the CAMPUS
operationally, financially, and academically for high performance, and
WHEREAS, NRS 277.180 provides that two or more public agencies may enter into an
interlocal agreement “to perform any governmental service, activity or undertaking which any of
the public agencies entering into the contract is authorized by law to perform”; and
WHEREAS, the NETWORK desires to work together with the CAMPUS to provide direct
and shared network services, support, and activities to operate a NETWORK model school within
the NETWORK, and the CAMPUS desires to receive those shared network service, support, and
activities; and
WHEREAS, the Parties are committed to collaborating to ensure a graduation rate within
five percent (5%) of the NETWORK’s previous three year average graduation rate; and
WHEREAS, the Parties are mutually interested in collaborating to foster an environment
which allows and promotes students to complete college coursework while still in high school to
improve college readiness of students; and
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WHEREAS, CAMPUS administration will have the autonomy to make decisions on a day-
to-day basis, the Board (as defined in Section 4.1 below) will conduct oversight with regard to
measuring qualitative and quantitative progress of the CAMPUS. The Board will remain actively
involved and ultimately accountable for academic, financial, and operational performance of the
CAMPUS; and
WHEREAS, the NETWORK has incurred significant costs associated with the creation of
curriculum, systems, and tools to improve the successful transition to college and can be utilized
by both parties to successfully transition students to college personally, academically, and socially,
and to facilitate the sharing of data and the integration of future updates and applications that are
created; and
WHEREAS, the NETWORK has the right to establish the NETWORK-required standards
(as defined in Section 4.7 below), for various aspects of CAMPUS operation and education; and
WHEREAS, the Parties believe that this Agreement offers a fair and reasonable solution
to produce a fiscally solvent and an academically superior school following the NETWORK early
college replication model for students and families; and
WHEREAS, The Network and Campus hereby agree to share and execute documents and
other assignments necessary to effectively carry out the intentions of this Agreement; and
WHEREAS, The Network and Campus will follow the cost allocation policy attached
hereto as Exhibit A and hereby incorporated by reference (as amended from time to time, the
“Cost Allocation Policy”), for payment of direct school and shared network costs;
AGREEMENT
NOW, THEREFORE, in consideration of the aforementioned mutual promises, covenants,
and undertaking set forth herein, the Parties agree as follows:
1. RECITALS. The Recitals set forth herein above are true and correct and are incorporated
herein by this reference.
2. PURPOSE. The NETWORK agrees to support the CAMPUS with capacity,
sustainability, scalability, and succession in areas including governance, operations, academics,
and financial support. The CAMPUS will utilize the NETWORK Model – an educational model
which has proven successful – to operate the CAMPUS, which may eventually evolve into its own
regional network of schools. Operational and financial practices, policies, procedures, plans, and
standards that drive the operating system of the NETWORK will also offer immediate capacity at
the CAMPUS level. Because the NETWORK and the CAMPUS share a common Board of
Directors, the scope of Board members’ understanding of the NETWORK Model and the high
level of accountability adopted by the NETWORK and agreed to by the CAMPUS pursuant to this
Agreement will transfer to the Board’s CAMPUS oversite.
The Parties recognize that as the CAMPUS grows, the Parties will need to determine
whether the NETWORK Model as replicated by the CAMPUS is working, and whether the Parties
agree upon a point of sustainability at which time the CAMPUS will discontinue its replication of
the NETWORK Model and use of the shared Network services pursuant to this Agreement, and
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instead provide all services in-house and possibly start its own trail of succession planning through
growth.
3. EFFECTIVE DATE. This Agreement between the NETWORK and the CAMPUS shall
become effective only after it has been executed by each of the Parties, ratified by the appropriate
official action of the governing body of each party to the contract as a condition precedent to its
entry into force pursuant to NRS 277.180; and reviewed and approved by the SPCSA pursuant to
NRS 277.150.
4. DEFINITIONS. As used in this Agreement, unless the context otherwise requires a
different meaning:
4.1 “Board” means the Board of Directors which governs both the NETWORK and
the CAMPUS.
4.2 “Charter Application” means the Charter Replication Request application dated
January 14, 2016, submitted to and approved by the SPCSA on January 27, 2017.
4.3 “Charter Contract” means the charter school contract between the CAMPUS and
the SPCSA pursuant to NRS 388A.015, which was executed on February 21, 2017, and remains
in effect at the time this Agreement is executed.
4.4 “NETWORK campus” means any campus within the NETWORK Model.
4.5 “NETWORK Curriculum” means the academic plan and curriculum
implemented by the NETWORK and provided to CAMPUS for implementation, as more
particularly described in the Charter Application and Charter Contract.
4.6 “NETWORK Model” means the early college replication model as more
particularly described in the Charter Application and Charter Contract.
4.7 “NETWORK-required standards” means standards, practices, policies,
procedures, and written core processes implemented by the NETWORK and communicated to the
CAMPUS for various aspects of operation and education, as reasonably amended, supplemented
and modified by NETWORK from time to time;
4.8 “SPCSA” means the State Public Charter School Authority in Nevada.
4.9 “State” means the State of Nevada.
5. ROLES AND RESPONSIBILITIES OF PARTIES 5.1 The NETWORK agrees to support the CAMPUS as follows:
5.1.1. Work with CAMPUS staff to determine the needs of the CAMPUS;
5.1.2. Allow representatives from the NETWORK to initiate or receive
communication from the SPCSA, community, staff, students, or student families regarding
affairs of the CAMPUS throughout each semester;
5.1.3. Provide curriculum/updates to the CAMPUS for use throughout each
semester;
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5.1.4. Provide access to the NETWORK’s online portals as necessary to carry out
the early college model with integrity and fidelity;
5.1.5. Train CAMPUS staff on the implementation of the curriculum and the early
college model;
5.1.6. Develop specific site plans as necessary with the coordination of the
CAMPUS;
5.1.7. Market the CAMPUS through social media, mailers, and other outlets;
5.1.8. Maintain open communication with the CAMPUS to build a collaborative
relationship and promote positive outcomes and safety for students;
5.1.9. Submit compliance documents to local, state, and federal agencies that are
collected through a CAMPUS administrator or designee and submitted to the NETWORK;
5.1.10. Evaluate CAMPUS compliance with state and federal laws and regulations;
5.1.11. Evaluate CAMPUS compliance with the Charter Contract;
5.1.12. Evaluate CAMPUS implementation of the NETWORK’s early college
model and use of tools, processes, and practices being replicated;
5.1.13. Review surplus and deficit budget reports;
5.1.14. Facilitate governance meetings;
5.1.15. Attend applicable local, state, and federal/national conferences and
meetings;
5.1.16. Provide advice regarding problems, challenges, barriers, or related to the
CAMPUS;
5.1.17. Review CAMPUS progress and quality of work through performance
incentives, student grades, and scorecard review;
5.1.18. Deliver curriculum modules and backup documentation for conducting
study skills, introduction to college, and transition courses;
5.1.19. Provide assistance with onboarding for CAMPUS staff with access to
technology NETWORK portals (including but not limited to portals for learning
management and tracking time);
5.1.20. Process human resources paperwork on behalf of CAMPUS;
5.1.21. Provide support for CAMPUS event-planning to promote student and
family engagement;
5.1.22. Manage student recruitment planning;
5.1.23. Assist in managing the CAMPUS budget through planning with the
CAMPUS on priorities, assumptions, and narratives;
5.1.24. Manage bookkeeping, payroll, and accounting on behalf of the CAMPUS;
5.1.25. Reconcile invoices through the CAMPUS’s unique financial database;
5.1.26. Audit the academic and operational process of the replication model;
5.1.27. Report on the program implementation of the replication model;
5.1.28. Validate college courses;
5.1.29. Train CAMPUS staff on how to process transcripts and records requests
from students;
5.1.30. Submit requests for funds from grant programs on behalf of the CAMPUS;
5.1.31. Oversee CAMPUS student information system and transcripts;
5.1.32. Provide an advisory role with respect to CAMPUS record retention
requirements as outlined in this Agreement and maintain active involvement in ensuring
that CAMPUS record retention methods are lawful and complete;
5.1.33. Reconcile CAMPUS monthly bank statements;
5.1.34. Process CAMPUS financial requisitions and determine whether funds are
available to generate a purchase order for the requisition;
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5.1.35. Schedule the Campus’s independent financial audit in accordance with
general accounting procedures;
5.1.36. Coordinate online advertising;
5.1.37. Post content on social media specific to the CAMPUS;
5.1.38. Create campaigns and promotional information for certain CAMPUS
events, as determined within NETWORK’s discretion;
5.1.39. Advise CAMPUS student government on yearbook, prom, spirit days,
GradNite, etc.;
5.1.40. Collaborate with third-party vendors for technology, social media,
accounting, etc., as related to CAMPUS;
5.1.41. Manage e-rate application and reimbursements;
5.1.42. Create firewalls and online safety and security for CAMPUS students;
5.1.43. Complete Federal and State payroll reports for CAMPUS;
5.1.44. Provide bookkeeping services for CAMPUS accounts payable;
5.1.45. Develop CAMPUS leadership through, but not limited to, meetings,
trainings, and overall technical support;
5.1.46. Mentor CAMPUS staff on implementing CAMPUS curriculum;
5.1.47. Implement CAMPUS staff performance incentives when appropriate, as
determined by the NETWORK;
5.1.48. Evaluate CAMPUS support services;
5.1.49. Report on CAMPUS losses/gains to the Board;
5.1.50. Coordinate with CAMPUS administration for submission of the
CAMPUS’s Charter Contract renewal application and negotiate any necessary terms with
the CAMPUS sponsor if applicable;
5.1.51. Coordinate with CAMPUS administration accreditation as necessary;
5.1.52. Serve as the primary liaison with individuals responsible for the
identification and/or relocation of CAMPUS facilities as necessary including real estate
agents, landlords, engineers, architects, city officials, and inspectors;
5.1.53. Coordinate, negotiate, and administer third party contracts entered into by
CAMPUS;
5.1.54. Ensure the CAMPUS obtains and maintains the appropriate insurance;
5.1.55. Jointly share with the CAMPUS in the responsibility for community
outreach, press releases, media relations, and informing the public about the Campus; and
5.1.56. Record this Agreement with the county recorder of each county in which a
participating political subdivision of this State is located and filed with the Secretary of
State, pursuant to NRS 277.140.
5.2 In addition to the responsibilities enumerated in section 5.1, the NETWORK may,
at its discretion, solicit government or private grants for the CAMPUS so as not to interfere with
the NETWORK Model.
5.3 CAMPUS agrees to follow the CAMPUS Charter Contract with integrity and
fidelity, in compliance with all applicable State and Federal laws and regulations, in a manner
which includes but is not limited to the following responsibilities:
5.3.1. Implement the NETWORK’s curriculum and NETWORK Model;
5.3.2. Use the tools, process, and practices necessary to replicate the NETWORK
model;
5.3.3. Notify the NETWORK of any changes CAMPUS intends to implement to
the NETWORK Model or NETWORK curriculum prior to implementation of the same;
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5.3.4. Receive NETWORK approval prior to implementing any changes to the
NETWORK Model or NETWORK curriculum;
5.3.5. Adhere to the NETWORK-required standards;
5.3.6. Take full responsibility for managing the CAMPUS, including performance
of student achievement, school operations, and school accountability;
5.3.7. Structure internal controls to implement policies, procedures, plans,
regulations, and best practices to allow for the successful replication of the NETWORK
Model;
5.3.8. Maintain high standards of student achievement, quality controls,
cleanliness, appearance, and service consistent with that of a NETWORK school;
5.3.9. Follow timelines, deadlines, and due dates related to processing CAMPUS
matters which include, but are not limited to, invoices, student grades, graduation
requirements, reimbursements, end-of-semester reporting, scorecard reporting, etc.;
5.3.10. NETWORK shall have no obligation to support schools which the
CAMPUS or its members may seek to operate in the future that does not subscribe to the
NETWORK model;
5.3.11. Maintain for the duration of this Agreement an operating account with the
Network as a signatory;
5.3.12. Retain and store any and all paper and/or electronic records in accordance
with Federal and Nevada law; and
5.3.13. Provide data to the NETWORK to allow the NETWORK to coordinate
accreditation, and collaborate with the NETWORK as necessary to that end.
5.4 Each Party shall annually at the time of preparing its budget include an estimate of
the expenses necessary to carry out such agreement, the funds for which are not made available
through grant, gift, or other source, and provide for such expense as other items are provided in its
budget, pursuant to NRS 277.180.
5.5 The CAMPUS may receive from the NETWORK additional technical support
services for planning, training, development, implementation, etc. from the NETWORK and billed
using the NETWORK’s Cost Allocation Policy.
5.6 The NETWORK may, within its discretion and without cause, review and assess
the progress, performance, and completion of any matter within CAMPUS’s responsibilities
pursuant to section 5.3 of this Agreement.
5.7 Requirements and responsibilities not specifically enumerated in sections 5.1 or 5.3
herein are the responsibility of the CAMPUS.
6. PAYMENT SCHEDULE 6.1 The Parties shall adhere to the Cost Allocation Policy attached hereto as Exhibit A
and hereby incorporated by reference, which is divided into the following two parts: a) direct
school costs and b) shared network costs. Direct school costs are those costs that are directly
billable to the CAMPUS, whereas, shared network costs are those costs that are shared across all
Network campuses (as defined in Section 4.4 above).
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6.2 The NETWORK shall bill CAMPUS on a monthly basis, by sending an invoice
reflecting: (i) allocation of shared network costs of all funds received through the Nevada
Department of Education’s (“NDE”) funding model (“Nevada Plan”), as set forth in the Cost
Allocation Policy, and (ii) direct school cost for services rendered or costs of program, products
solution, activity, item, encumbered as a direct benefit to the CAMPUS.
6.3 The NETWORK shall reconcile the shared network cost rate on a quarterly basis
ending 9/30, 12/31, 4/30, and 6/30 to determine any necessary amounts due to or from the
CAMPUS for either over- or under-payment. The actual costs will be allocated to the CAMPUS
at the proportion (prorate share) of each NETWORK campus (including the CAMPUS) out of the
total state revenue for the NETWORK. Such reconciliation shall be set forth in an invoice delivered
from NETWORK to CAMPUS.
6.4 In the event a NETWORK reconciliation invoice indicates an underpayment by
CAMPUS, CAMPUS will have 30 days after receipt of such invoice to pay the same. In the
alternative, if a reconciliation invoice reflects overpayment by CAMPUS, the NETWORK will
credit the CAMPUS for any such overpayment in the next regularly-scheduled monthly invoice.
7. DURATION 7.1 The duration of this Agreement shall commence upon the effective date as
described in Section 3 of this Agreement and terminate on the earlier to occur of the following: (i)
expiration or termination date of the CAMPUS charter pursuant to the CAMPUS’s Charter
Contract, and (ii) earlier termination date pursuant to the terms and conditions set forth in Section
7.3 below.
7.2 This Agreement may be renewed upon mutual written agreement by the Parties
provided that renewal shall coincide with the SPCSA’s future renewal of CAMPUS’s Charter
Contract.
7.3 Either the CAMPUS or the NETWORK may, by action of its Board, after ninety
(90) days’ prior written notice to the other Party of the proposed action, terminate this Agreement;
provided that, if NETWORK terminates this Agreement pursuant to this Section 7.3 during the
school year while students are actively enrolled with CAMPUS, the Parties expressly agree that
the effective date of such termination shall be the end of the CAMPUS’ school year, to ensure all
enrolled students are able to finish out such school year.
8. DISPUTE RESOLUTION. Notwithstanding anything contained in this Agreement to the
contrary, if a party is in breach under this Agreement (“Defaulting Party”), the other party shall have no
right to terminate this Agreement or pursue any other remedy for such default unless such default remains
uncured on the date that is ten (10) business days after the Defaulting Party’s receipt of written notice of
such breach or default from such other party. NETWORK and CAMPUS agree to cooperate in good faith
in resolving any claimed default within said 10-business day period, and in any dispute resolution with
SPCSA, as required under the Charter Contract.
9. SCHOOL FACILITIES. CAMPUS will be responsible for acquiring, holding and
disposing of all real and personal property at the expiration or earlier termination of this
Agreement, as more particularly described in the Charter Contract and Charter Application, and in
compliance with applicable law, including without limitation NRS 388A.306 or any successor
statute thereto.
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10. INDEMNIFICATION AND COMPLIANCE.
10.1 To the fullest extent permitted by Nevada law, a Party to this Agreement (the
“Indemnifying Party”) shall indemnify, defend and hold harmless the other Party, its parent and
affiliates (each an “Indemnified Party”) from and against any and all claims, demands, suits,
obligations, payments, liabilities, costs, fines, penalties, sanctions, judgments, damages, losses or
expenses (each a “Loss”) asserted by third parties against an Indemnified Party and arising out of,
relating to, or resulting from the Indemnifying Party’s negligent acts or omissions or willful
misconduct; provided, however, that no Party shall be indemnified hereunder for any Loss
resulting from its negligence, fraud or willful misconduct.
10.2 The CAMPUS will act jointly with the NETWORK to resolve legal complaints
brought by parents, teachers, or others relating to the compliance of the CAMPUS;
10.3 The CAMPUS will immediately notify the NETWORK if the SPCSA finds the
Campus out of compliance with, or otherwise in violation of, Nevada law or its Charter Contract,
or underperforming in any regard.
10.4 Pursuant to the Charter Contract, the terms and conditions of this Agreement are
enforceable only to the extent they are compliance with applicable law and regulation. The
NETWORK hereby acknowledges and agrees that the obligations of CAMPUS hereunder are
solely the responsibility of the CAMPUS, and are not the responsibility of the State, SPCSA or
Nevada Department of Education. The CAMPUS hereby acknowledges and agrees that the
obligations of the NETWORK hereunder are solely the responsibility of the NETWORK, and are
not the responsibility of the State, SPCSA or Nevada Department of Education.
11. PROTECTED MATERIALS
11.1 CAMPUS expressly agrees that the NETWORK owns, and at all times during the
term of this Agreement continue to own, the NETWORK model and all curriculum, materials,
documents, and other such items developed by the NETWORK (collectively, the “Protected
Materials”). The NETWORK hereby grants to CAMPUS a non-exclusive license to use these
Protected Materials during the term of this Agreement. CAMPUS specifically acknowledges and
agrees that NETWORK may license the Protected Materials to other organizations within its sole
discretion.
11.2 Except as otherwise provided herein or required by any applicable law, rule or
regulation, CAMPUS covenants and agrees not to discuss the Protected Materials or the
transaction contemplated hereunder in any public forum, public manner, or with any other person.
As to any private disclosure, CAMPUS may make such disclosure of this Agreement, its terms
and Protected Materials (collectively, the “Confidential Information”), only as and to the extent
necessary to allow its respective employees, agents, contractors, attorneys, consultants, investors,
representatives, agents and lender, if any, to reasonably perform its and their respective functions
on behalf of CAMPUS, but then only upon the condition that CAMPUS uses commercially
reasonable efforts to cause such CAMPUS Parties agree to likewise keep such information and
matters confidential and non-disclosed to the extent commercially reasonable. Notwithstanding
anything to the contrary contained in this Agreement, any information which is publicly available,
or which could be obtained from another source shall not constitute Confidential Information.
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11.3 Nothing in this Agreement precludes the NETWORK or its agents from providing
similar services or Protected Materials as described in this Agreement to other organizations at the
NETWORK’s sole discretion.
12. NO THIRD PARTY RIGHTS. This document is not intended to and shall not create any
right in or benefit to any person or entity other than the NETWORK and the CAMPUS.
13. SEVERABILITY. Any provisions or portion of this Agreement prohibited as unlawful
or unenforceable under any applicable law of any jurisdiction shall as to such jurisdiction be
ineffective without affecting other provisions of this Agreement. If the provisions of such
applicable law may be waived, they are hereby waived to the end that this Agreement may be
deemed to be a valid and binding Agreement enforceable in accordance with its terms.
14. FORCE MAJEURE. The respective duties and obligations of the Parties hereunder
(except the CAMPUS’S obligation to pay the NETWORK such sums as may become due from
time to time for services rendered by it) shall be suspended while and so long as performance
thereto is prevented or impeded by strikes, disturbances, riots, fire, governmental action, war acts,
acts of God, or any other similar cause which are beyond the reasonable control of the Party from
whom the affected performance was due.
15. NOTICES. Unless otherwise specified herein, whenever notifications, submissions, or
communications are required by this Agreement, they shall be made in writing and addressed as
follows:
To the NETWORK:
John Hawk
Nevada State High School
Chief Operations Officer
702-953-2602 Work
702-332-2593 Cell
702-507-9919 Fax
233 N. Stephanie Street
Henderson, NV 89074
Email: [email protected]
To the CAMPUS:
Anthony Gray
Director of Site Administration
Nevada State High School at Sunrise 2425 N. Lamb Blvd. Suite 130
Las Vegas NV 89115
702-953-2602 Work
Email: [email protected]
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16. GOVERNING LAW. The laws of the State of Nevada will govern as to the interpretation,
validity, and effect of this Agreement.
17. SIGNATORIES/SERVICE.
17.1 Each undersigned representative of the Parties certifies that he or she is fully
authorized to enter into the terms and conditions of this Agreement and to execute and legally
bind the Party he or she represents to this document.
17.2 This Agreement may be signed by the Parties in multiple counterparts, each of
which shall be deemed to be an original, all of which together shall constitute the Agreement.
18. INTEGRATION. This Agreement constitutes the final, complete, and exclusive
agreement and understanding between the Parties with respect to the terms embodied in this
Agreement and supersedes all prior agreements and understandings, whether oral or written,
concerning the settlement embodied herein. No other document, nor any representation,
inducement, agreement, understanding, or promise, constitutes any part of this Agreement, nor
shall it be used in construing the terms of this Agreement.
19. ASSIGNMENT. This Agreement may not be assigned, transferred or delegated, along
with any rights obligations or duties, by either Party without the prior written consent of the other
Party.
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and
year set forth below.
NETWORK: NEVADA STATE HIGH SCHOOL
Dated: _____________, 2018 By: ________________________________
Name: Mr. Luke Adamo, Vice-chair (acting Chair)
CAMPUS: NEVADA STATE HIGH SCHOOL AT SUNRISE
Dated: _________,2018 By: _______________________________________
Name: Mr. Anthony Gray, Director of Site Administration
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Cost Allocation Policy
I. General Accounting Information a. Basis of Accounting – Accrual Basis
b. Fiscal Period - July 1 through June 30
c. Allocation Basis for Individual Cost Elements - Direct School Costs Allocation
d. Shared Network Allocation Base - Direct Salaries and Wages including applicable Fringe
Benefits.
e. Nevada State High School (NSHS) maintains adequate internal controls to ensure that no
cost is charged both directly and indirectly to Federal contracts, grants, and/or work
completed on behalf of the any individual school or on behalf of all its schools
represented in the Network. NSHS uses a time tracking software called ActiTIME which
is used for individual time for staff detailing the number of hours spent on any particular
project or for the Network as a whole.
II. Description of Cost Allocation Methodology a. 100 Salaries and Wages are supported by auditable labor distribution reports which
reflect the actual activities of approved employees working at the central service level.
i. Direct School Costs – NSHS employees will log their time directly as costs for
work “specifically” identifiable to a specific contract, grant, and/or work
completed on behalf of an individual school.
ii. Shared Network Costs – NSHS employees will log their time as shared network
costs for work identifiable to all schools in the network.
iii. Mixed Charges – The following NSHS employees at the central service level and
those at the school level with approval by the Chief Academic Officer may
charge their salary costs to both direct and indirect activities.
- Chief Academic Officer
- Chief Operations Officer
- Executive Director
- Academics and Accountability Director
- Data and Accountability Coordinator
- Finance and Operations Director
- Business Manager
- Marketing and Engagement Director
The distinction between direct school costs and shared network costs is primarily
based on functions performed. For example, when the positions shown are
performing functions that are necessary and beneficial to all programs they are
“shared network costs.” When functions are specific to one or more programs
they are direct because they do not benefit all programs.
Auditable labor distribution records which reflect the actual activities of
employees are maintained to support the mix of direct/indirect charges.
The time records are certified by the Chief Academic Officer or designee.
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b. 200 Benefits
i. NSHS contributes to the following fringe benefits for its employees.
1. unemployment insurance,
2. worker’s compensation,
3. F.I.C.A., health, AD&D, LTD, and life insurance
4. contributions to a PERS pension plan
Treatment of Fringe Benefits: NSHS’ accounting system tracks fringe
benefit costs by individual employee and charges those as direct
school costs or sharable network cost in the same manner as salary and
wage costs are recorded
Treatment of Paid Absences - Release time costs (vacation leave
earned, sick leave used, and holiday pay) are considered part of salary
costs. Consequently, separate claims for release time costs are not
made. NSHS’ accounting system records release time as a direct or
indirect cost in the same manner that salary costs are recorded.
Vacation leave earned but not used during each fiscal period is
recorded as a cost in the period earned.
c. 300 Professional Services
i. NSHS incurs outside services costs for those things that include, but are not
limited to the following: annual audit, legal fees, educational services, staff
development specialists, etc.
1. The cost of the annual audit is sharable network cost.
2. In general, legal fees, staff development,
technical/professional/educational services are charged directly to the
benefiting program, project, contract, or agreement activity.
3. Legal fees, staff development, technical/professional/educational
services that are not identifiable to a specific campus or program/project
at a campus are deemed a sharable network cost.
d. 400 Occupancy Expenses
i. Rent – NSHS occupies space primarily at several of its network schools. NSHS
leases space on a daily or weekly basis as a shared network cost for those
activities that included, but are not limited to two-week course, transitions,
graduation, awards night, etc. Lease allocations are based on square footage as
direct school and shared network costs following:
1. Direct School Costs - The cost of space occupied by staff whose salaries
are directly charged as direct school or project costs. Direct school costs
are credited proportionally to network schools sharing space with shared
network employees and credited amounts are reallocated as shared
network costs.
2. Shared Network Costs - The cost of space occupied by staff who are
working as shared network employees. NSHS will allocate any space for
staff charged on a mixed basis in the same ratio as their salaries are
allocated so as long as it is deemed material.
ii. Utilities – The cost of utilities direct school and shared network costs using the
same method and space costs are charged space used at network schools and
separately.
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e. 500 Other Services
i. Travel costs may be charged as either direct school costs or shared network costs
depending on the purpose of the trip.
1. For example: The Executive Director of NSHS travels to a regional
office to give employees a quarterly update. This trip is shared across the
network and should be charged as a shared cost. However, if the
Executive Director of NSHS travels to a regional office to perform a
specific task for a contract, the trip would be considered a direct school
cost to that respective school.
ii. Board travel costs are charged as a shared network cost for travel to/from board
meetings (limited to allowable expenses under GSA.gov).
1. Other board expenses are absorbed directly by respective schools
iii. Internet and telephone service costs are credited back to network schools where
shared network employees are working from on a regular basis based on square
footage (follows the method for credit and reallocation of rental space) and
reallocated as shared network costs
1. No internet or telephone costs are charged on a mixed basis since the
costs incurred on that basis are immaterial in amount
iv. Postage cost are shared network cost. Express/priority mail are direct school
costs specifically identified to the program or activity.
f. 600 Supplies and Material
i. To the maximum extent possible, office supplies and materials are direct charged
to the agreement/contract/grant which uses the supplies.
ii. Supplies and materials used by staff who are engaged in shared activities will be
charged on a shared network basis.
iii. Photocopying and Printing
1. Personnel will record copies made to the benefiting program to the
maximum extent practical. In situations where the photocopies being
made by personnel cannot be identified to a specific program and the
matter being copied relates to the activities of NSHS in general, the cost
of such copies will be charged as shared network costs.
2. Printing expenses are charged to the benefiting activity.
g. 700 Property and Capital Items
i. Capital expenditures follow the states capitalization threshold and are charged
directly to programs only in cases where a contract or grant specifically
authorizes such charges. No capital item is charged as a shared network cost.
ii. The cost of capital items is purchased with non-Federal funds are recovered
through depreciation charges and booked by the school’s accountant on a
minimum annual basis.
h. 800 Debt Service and Miscellaneous
i. The cost of activities or amounts paid for goods and services not otherwise
classified elsewhere. These activities or services are performed or received for
the overall good of the entire network and are considered a shared network cost.
These activities include, but are not limited to the following:
1. memberships and subscriptions;
2. publications, and related functions, providing or receiving services and
information to/from members, legislative, administrative bodies, or the
general public
3. promotion, lobbying, and other forms of public relations
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4. meetings and conferences except those held to conduct the general
administration of NSHS
5. maintenance, protection, and investment of special funds not used in
operation of NSHS; and administration of group benefits on behalf of
members or clients including life and hospital insurance, annuity or
retirement plans, financial aid, etc.
i. Unallowable Costs
i. NSHS recognizes that it is bound by a broader net of unallowable costs through
local, state, and federal grants that are primarily administered and billed as direct
school costs. NSHS has internal controls in place to insure that this is followed.
Below is a list of unallowable shared network costs that will be reconciled
quarterly and audited annually by the school’s independent auditor to ensure that
these costs are not billed to network schools.
1. entertainment/alcoholic beverages
2. capital expenditures
3. interest
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