Parent filed a special education due process complaint ("Complaint") against the District, alleging that the District denied Student FAPE from the 2018-19 school year to the present.

This Agreement constitutes a full and final resolution of all claims and issues arising from or related to Student's educational program and services through the first day of the 2021-22 school year.  This Agreement is not, and shall not be construed as, an admission of liability fault or wrong doing of any kind by Parent and /or the District.  No party shall be deemed the "prevailing party." The agreement is confidential except as required by law.

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE SETTLEMENT AGREEMENT IN THE AMOUNT OF $120,000.

On March 21, 2019, the Board of Trustees approved the contract for Rodan Builders Inc. for the New Gymnasium/Classrooms Project at Abbott Middle School, per the bid on March 12, 2019 for $15,781,000.00.

The District, in working with Rodan Builders., encountered a need for changes with items listed in the attached change order.

The cost of Change Order No.8 is $93,848.00, which .59% of the original contract. To date Change Orders 1-7 equal $809,367.00, which is 5.13% of the original contract.

The new contract amount for Rodan Builders Inc. is $16,684,215.00, which is within the Measure X Budget.

On February 27, 2020, the Board of Trustees approved the contract for BKF Engineers, as a consultant to the School District for the Measure X Project at Borel Middle School New Gym and Classrooms Project in the amount of $17,000.00

The District, in working with BKF Engineers, encountered unforeseen conditions, District requests, necessary field changes, and time extensions granted to the General Contractors. 

The cost of Change Order No. 1 to the original contract was $16,605.00 (97.6% of the original contract).  The cost of Change Order No. 2 to the original contract is $4,500 (26.5% of the original contract).  The cost of Change Orders No. 1 & 2 combined is $21,105 (124.1% of the original contract).

The new contract amount will be $38,105.00, which is within the Measure X Borel Middle School New Gym and Classrooms Project budget.

This work will provide the necessary requirements to meet the State of California Water Resources Control Board’s Construction General Permit (CGP).   

On August 20, 2020, the Board of Trustees approved the Aedis Architects Amendment #3, which consisted of Add Service Agreement #3 for increased scope of work for additional structures at other sites beyond those initially proposed.

The District, working with Aedis Architects, requested additional architectural services for the shade structures at Borel Middle School. This comprises Add Service Agreement #4, which is included in Amendment #4.

The cost of Add Services #1 - #3 was $148,572.00 which was approved by the Board. The cost of Add Services #4 is $22,320.00, which is included in Amendment #4 to Aedis contract. The new contract amount for Aedis with Amendment #4 is $319,797.00.

Due to the location of the New Multi-Purpose Building the existing play structure will need to be removed and a new play structure will be installed at another location on the playground. There will need to be new play matting purchased and installed.

In accepting the lowest proposal, the District received the best terms for the play matting product by piggy backing  on the National Joint Power Alliance NJPA Contract No. 10755.

After careful consideration and analysis, the Administration has determined that entering into a piggy back play matting purchase agreement with SofSurfaces Inc.for George Hall Elementary Play Structure Project is appropriate.

Due to the addition of the New Multi-Purpose Building the District needs to install a new play structure at another location on the playground. The existing play structure is in the location of where the New Multi-Purpose Building will be constructed.

In accepting the lowest proposal, the District received the best terms for school play structure products by piggy backing on the California Department of General Service CMAS Contract No. 4-08-78-0043A.

After careful consideration and analysis, the Administration has determined that entering into a piggy back play structure purchase agreement with Park Associates Inc. at George Hall Elementary is appropriate. 

The following proposal is in addition to the basic services fee placeholder from the Master Agreement, dated March 18, 2020. During the initial contract discussions, some assumptions were made as to the scope of work with an assumed total construction value of $6,650,000. This was further defined assuming 70% New Construction and 30% Modernization yielding an overall fee of $580,300.

This proposed contract Amendment is prompted by the District’s revised construction budget of $9,750,000 per the conversation dated 3/1/2021 and the recalibrating of the design fee to match this budget and the project scope.

This add service proposal is based on the independent cost estimate provided at the end of the schematic design phase. Both CSDA and the District recognize that work is underway to reduce the cost of the project as well as to clarify the scope of the needed site improvements in the play areas, either or both of which may change the construction cost estimate. CSDA and the District agree to revisit the design fee at the time of the next independent cost estimate based on this further refinement. 

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE CHANGE AMENDMENT NO. 01 FOR CSDA DESIGN GROUP REGARDING THE SUNNYBRAE ELEMENTARY SCHOOL MULTIPURPOSE ROOM AND MODERNIZATION PROJECT.

$197,200.00 - Measure X Funds

Every year, the District participates in the E-Rate program which provides discounts on Internet and Network Services specifically for schools and libraries. Administered by Universal Service and Administrative Company (USAC) with oversight by the Federal Communication Commission (FCC), the district receives a discount of approximately 50% on the cost of services. E-rate Program calculates discounts based on the percentage of students eligible for free and reduced lunches under the National School Lunch Program (NSLP).

The 2020-2021 Fiscal year contract includes the following services:

• Internet Services Provided by the San Mateo County Office of Education
• High Speed Data Connection to SMCOE by AT&T
  

The Board is asked to approve the attached Joint Powers Agreement (“JPA”) memorializing its participation in the creation of a joint powers agency to operate a cooperative program to be known as the Super Co-Op (“Authority”).  The Super Co-Op currently exists as unincorporated association of over 200 school districts throughout California and functions to coordinate the member districts’ acquisition of U.S.D.A. Food Commodities and other related foodstuffs.  The District currently participates as a member of the association, including as part of its governing board as the Lead Agency.

This Authority is being formed pursuant to provision the Government Code (commencing with Section 6500) (the “Act”) which allow agencies to jointly exercise of common powers.   Approval of the organization of the Authority via the execution of the JPA, ensures that a clear governance document and structure that adequately describes the scope of authority and purpose of the entity going forward.  Furthermore, the rights and responsibilities of the Lead Agency and other school districts which participate in the Authority will be more clearly articulated and limit the liability of the Lead Agency and member districts.  The District would be one of 10 of school districts which could become members of the JPA, meaning it would have a role in governing the Authority going forward. 

IT IS RECOMMENDED THAT THE BOARD APPROVE THE JOINT POWERS AGREEMENT OF THE SUPER CO-OP MEMORIALIZING ITS PARTICIPATION IN THE CREATION OF A JOINT POWERS AGENCY, KNOWN AS THE SUPER CO-OP AUTHORITY, TO OPERATE A COOPERATIVE PROGRAM FOCUSED ON THE PURCHASE OF FOOD AND FOOD SERVICE RELATED MATERIALS, SUPPLIES EQUIPMENT AND SERVICES.   

Per Board Policy 3312, the Board may, by a majority vote, delegate to the Superintendent or designee the authority to enter into contracts on behalf of the District.  To be valid or to constitute an enforceable obligation against the District, all such contracts must be approved and/or ratified by the Board.  Contracts are available for review upon request in the Business Services department.

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE LIST OF CONTRACTS AND CONSULTANTS OF $45,000 and UNDER.

Board Policy 3314 states the following: It shall be the practice of the administration to present the Board of Trustees with copies of all warrant registers for information and review at each regularly scheduled meeting of the Board of Trustees. As Policies 3100 (budget) and 3110 (transfer of funds) provide criteria for Board authorization of all expenditures, both personnel and non-personnel items, prior to the actual payment of the obligation, warrants will be distributed to the vendors and employees after audit by the County Superintendent of Schools.

Education Code Sections 42631-36 requires the Board of Trustees approve all expenditures made by the District.

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE ATTACHED DISTRICT EXPENDITURES.

None – Expenditure provided for in the 2020-2021 budget.

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RECEIVE INFORMATION ON THE ENGAGEMENT SESSONS FROM MCPHERSON AND JACOBSON, IDENTIFY STAKEHOLDER GROUPS FOR INTERVIEW COMMITTEES AND DETERMINE INTERVIEW PROCEDURES.

During the March 6, 2021 Board Study Session, Trustees suggested changes to the Governance Handbook.  These changes have been incorporated in a new version dated March 2021.

Last year, one of the subcontrators for the General Contractor for Beach Park Elementary School hit a storm drain line on a small portion of the school site adjacent to the Winston Square property and Beach Park Boulevard.  It was discovered that the storm drain line belonged to the Winston property owners.  The subcontractor made an immediate repair which was followed by a permanent repair made in consultation with the District's architects, representatives of the City of Foster City, and District staff.

In researching the origin of the line, District staff discovered that there was no easement for the Winston storm drain to be on the District's property.  Subsequent to that discovery, staff has been working with legal counsel to have the Winston Square Homeowners' Association do a title search and record a very small easement (approximately 10-25 square feet) on the District's property for the storm drain which is just east of the property line between Beach Park School and Winston Square on the southern part of the shool site very close to Beach Park Boulevard.  

The Agreement with Winston Square Homeowners' Association which is attached provides that 

• the Homeowners' Association at its expense take all of the necessary steps to record an easement on the property;
• once the easement is recorded, that it be in place for 10 years during which time the District can consider its impact if any after which the District may agree to a permanent easement; and
• the District be notified within 72 hours in advance of any needed access onto the District's property within the easement and, in case of an emergency, within 24 hours after access.

The proposed Agreement and the drawing of the location of the easement are attached.

Chavan & Associates, LLP has completed the audit for the fiscal year ending June 30, 2020.  The audit report is presented in the format required by Government Auditing Standards.

The Management Discussion and Analysis (MD&A) is a narrative and analysis of the District’s financial statements.

The fund financial statements provide detailed financial information about the District’s collective major funds as required per the Government Auditing Standards, rather than reporting on funds individually. The General Fund (Fund 1) is always a major fund and the other major funds for the District for 2019-20 are:  Deferred Maintenance (Fund 14), Special Reserve (Fund 17), Building Fund (Fund 21), Retiree Benefits (Fund 71), and the Bond Interest and Redemption Fund (Fund 51).

The notes to the financial statement include capital assets and long term debt.  Capital assets have a useful life of five or more years and include land, land improvements, buildings, building improvements, and equipment with a value of $5,000 or more.  Assets are reflected in the statement at historical cost net of accumulated depreciation.

There are no audit findings or recommendations for 2019-20.

Copies of the complete audit report are available for review at the District Office, Fiscal Services Department, 1170 Chess Drive, Foster City.

Mr. Sheldon Chavan, Chavan & Associates Partner, will be present to answer any questions about the audit.

Per Education Code 45114, the Governing Board may lay off classified employees for lack of work and/or lack of funds. In order to meet statutory timeline to provide layoff notices to affected classified employees at least 60 days prior to the effective date of the layoff, the recommendation is made to reduce classified services for 2021-2022 in the attached resolution based on the following:

The Parent Teacher Association (PTA) funds classified positions, as recommended by administration, to provide intervention and enrichment programs for students. At this time the PTA has not finalized its budget and determined its available funding for the 2021-2022 school year. Due to the uncertainty of its funding, the PTA has not yet determined which classified positions it will continue to fund for the following school year. 

Services have not been assigned for positions funded with supplemental and/or Title funds  because schools are still in the process of gathering stakeholder engagement input and developing site plans .

Reduction in other positions are due to anticipated decreases in student enrollment for next year.

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE RESOLUTION 27/20-21 TO REDUCE CLASSIFIED SERVICES AND CORRESPONDING 60.54 FTE CLASSIFIED EMPLOYEES IN ACCORDANCE WITH PROCEDURES PROVIDED BY EDUCATION CODES 45298 AND 45308, AS NECESSARY, TO ADDRESS POSSIBLE CHANGES TO PROGRAM SERVICES.

On March 10, 2021, the San Mateo-Foster City School District (SMFCSD) and the San Mateo Elementary Teachers Association (SMETA) reached a tentative agreement on a Memorandum of Understanding (MOU) for Middle School Hybrid In-Person Learning. This agreement is non-precedent setting and all components of the current Collective Bargaining Agreement between SMETA and the District not addressed by the terms of this agreement shall remain in full effect. 

Highlights of the MOU (see attachment) are summarized below and include:
• Health and Safety 
     o Training
     o PPE
     o Face coverings, handwashing/sanitizing, physical distancing 
     o Cleaning and disinfecting
     o Air Ventilation and Filtration
     o Health Screening
     o Testing
• Communication
• Teaching and Learning in the Hybrid Model
• Assignment to Hybrid Model
• Work Hours/Conditions
• Leaves 
• Salary
• Special Education, Counselors and Psychologists 
• Music and Physical Education
• Evaluations
• Terms of Agreement which shall expire on June 30, 2021, unless extended by mutual written agreement.