BOARD ACTION
AGENDA ITEM #7 Contract with Daniel J Edelman page 208
 
The Board Approved This Item As Part Of The Consent Calendar Without Any Discussion
 
Edelman is a Marketing and Communications Firm. The contract term is September 2016 through December 31, 2016 (Nov 2016 Election period). This contract may be of interest regarding the marketing materials that CUSD sent out for the YES on M campaign. The amendment has to do with liability for false and/or misleading information.
 
at page 216 Amendments to the Contract:
 
2. "'District represents and warrants that the materials and information it provides to Contractor are accurate and complete and that it is the owner or licensee of all intellectual property rights sufficient to enable Contractor to use such materials in performing Services for District."
 
3. "Notwithstanding the provisions of Section 9, Contractor's duty to indemnify District: hereunder shall not extend to materials District provides to Contractor or materials District directs Contractor to use." 
 
4. "'District shall be liable for the acts and omissions of its employees, officers, and agents, when acting within the, scope of their employment,
to the extent allowable under applicable California law."
 
at page 217
 
5. ''To the extent allowable under applicable law, and except for its gross negligence or willful misconduct, each party's aggregate liablltty to the other party hereunder shall not exceed two (2) times the fees payable by District to Contractor pursuant to this Agreement."  
 
In January 2016 Attorney General Kamala Harris released an opinion that ruled it was a mis-use of taxpayer dollars for a school district to ADVOCATE for the passage of a school facilities bond.
  
The Capistrano Unified School District spent over $400k to promote Measure M (CUSD's $889 million dollar school facilities Bond). 
 
See: Officials Ditch Claim about Benefits' of High Property Taxes
See: California Policy Center "School District has Paid Consultants Over $400k to Promote Bond
See: California Policy Center "School District's Bond Controversy Reveals Rising Concern About Pay-to-Play
 
Will CUSD be reimbursed for any money illegally paid to these firms to promote Measure M? That is $400,000 that could have been used to fix CUSD facilities.