Student is a sixth grade student residing in the District and attending a private school for students with special needs.  Parents allege that the District’s program offer denies Student a FAPE.

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE SETTLEMENT AGREEMENT IN THE AMOUNT NOT TO EXCEED $72,000.00

$72,000.00

The Williams case resulted in a new Education Code designed to address complaints or deficiencies at schools related to instructional materials, emergency or urgent facility conditions that pose a threat to the health and safety of pupils or staff, and teacher vacancy or mis-assignment.

The Williams Settlement Education Code 35186 requires that a quarterly report be made to the Board, of any complaints related to the Williams case.  There have been no complaints filed for the second quarter of the 2021-2022 school year.

The San Mateo-Foster City School District currently receives CCTR funding from the California Department of Social Services, to support the TK/K school-age program at Turnbull Child Development Center.

In order to receive final approval of CCTR General Child Care and Development Program contract, the District must provide annually to the California Department of Social Services, appropriate authorizations included in this Agenda for Board approval.  We would like Diego R. Ochoa, Superintendent, Dennis Hills, Assistant Superintendent of Student Services, and Karrie Haselton, Principal on Special Assignment for Child Development, to be authorized to sign the contract from the California Department of Social Services.

As part of the HVAC Upgrade Project, pre-purchase of rooftop package units is needed due to current lead times.

Public Contract Code Section 20118 allows school districts to, "authorize by contract, lease, requisition, or purchase order, any public corporation or agency, including any county, city, town, or district to lease data-processing equipment, purchase materials, supplies, equipment, automotive vehicles, tractors and other personal property for the district in the manner in which the public corporation is authorized by law to make the leases or purchases" if the board of that school district "as determined it to be in the best interests of the district" to acquire the items through piggyback provision.

In this case Carrier Corporation as a California Multiple Award Contract #4-21-10-1072  that allows the District to piggyback off this provision.  

Staff recommends approving the contract for $368,340 with Carrier Corporation for the HVAC Phase I project to purchase the roof top package HVAC units for Abbott and Borel Middle Schools. 

In keeping with District policy and applicable law, this contract shall be let pursuant to a fair, competitive selection process. Government Code Section 4529.12 requires a “competitive selection process” in the selection of professional services. The District solicited Requests for Qualifications (RFQ) for professional services. Responses were received and independently paper screened. Individual firms were scored and ranked and an eligibility pool was approved by the Board.

The District and Kitchell entered into an agreement on November 11, 2021 for Construction Management Services for $45,000, on a time and materials basis, for assistance with the Bidding Phase of the HVAC Replacement Project Phase I.  Since then, Kitchell has spent time understanding the entire scope of the project and has prepared an amended proposal to provide Construction Management services throughout the remainder of the project including the award, construction and closeout of $1,029,560.00 to reflect a cumulative total contract amount of $1,074,560.00.

HVAC replacement and adding air conditioning where it does not currently exist was identified as an Immediate Priority in the District's Facilities Master Plan for the New Decade adopted by the Board of Trustees on July 30, 2020.

HVAC Replacement Ph1 Package 1 (Bid# 21-190) is scheduled to open bids on January 18, 2022.  In keeping with District policy and applicable law, this contract shall be let by formal public bid, per Public Contract Code section 20111 to the lowest responsive base bidder. The District recommends awarding the contract to the lowest responsive bidder after the bid protest period has concluded, which would require delegating the Power to Contract to the Superintendent or his designee, due to the time constraints of this project. 

Per California Education Code 17604, the Board of Education may, by a majority vote of the Board, delegate the power to contract to the Superintendent or his designee. This particular delegation of the power to contract will allow staff to complete this project without delay. Any contract authorized by this delegation of the power to contract will come before the Board of Education for ratification at the next possible meeting of the Board.

HVAC replacement and adding air conditioning where it does not currently exist was identified as an Immediate Priority in the District's Facilities Master Plan for the New Decade adopted by the Board of Trustees on July 30, 2020.

HVAC Replacement Ph1 Package 2 (Bid# 21-189) is scheduled to open bids on January 13, 2022.  In keeping with District policy and applicable law, this contract shall be let by formal public bid, per Public Contract Code section 20111 to the lowest responsive base bidder. The District recommends awarding the contract to the lowest responsive bidder after the bid protest period has concluded, which would require delegating the Power to Contract to the Superintendent or his designee, due to the time constraints of this project.  The bid results will be brought as an addendum to the Board meeting.

Per California Education Code 17604, the Board of Education may, by a majority vote of the Board, delegate the power to contract to the Superintendent or his designee. This particular delegation of the power to contract will allow staff to complete this project without delay. Any contract authorized by this delegation of the power to contract will come before the Board of Education for ratification at the next possible meeting of the Board.

Regarding the Multi-Site HVAC Replacement Phase 1 Project the District has asked that Eichler Associates, Inc. perform the commissioning services for this project which Eichler will oversee that the systems will be tested and and make sure that the systems are functional as per the specification.

The fee to oversee the commissioning for George Hall, Laurel, Abbott, Meadow Heights, Borel, College Park, and North Shoreview is a total of $99,875.00. 

The District hired a CEQA consultant, EMC Planning Group Inc. ("EMC") to conduct an independent review and evaluation of the Proposed Project. The Class 14 Categorical Exemption applies to minor additions to existing schools that do not increase student capacity by more than 25% or 10 classrooms, whichever is less. Per EMC, the multi-purpose building, and associated site work, is a minor addition of one classroom to an existing 19-classroom public school campus that does not increase the school's student capacity by more than 25% or 10 classrooms. Thus, the Proposed Project would be categorically exempt from further CEQA review under the Class 14 Categorical exemption.

Once a project is determined to be exempt, it is no longer subject to either the procedural or substantive requirements of CEQA. Thus, CEQA review would be complete should the Board determine that the Proposed Project is exempt and to carry out the Proposed Project. CEQA Guidelines section 15300.2 provides five exceptions that would disqualify a project from being categorically exempt. These are: (1) where the cumulative impact of successive projects of the same type in the same place would be significant over time; (2) a significant environmental impact would occur due to unusual circumstances; (3) a project that would cause damage to scenic elements within a designated state scenic highway; (4) a project that is on a site designated as a Hazardous Waste Site; or (5) a project that causes a substantial adverse change to a historical resource. Based on EMC’s evaluation, none of the five exceptions apply:

1. The Proposed Project is the only project of the same type at the same place. No other similar, successive projects are proposed. 2. There are no known unusual circumstances that would be caused by the construction of the multi-purpose building. 3. According to the San Mateo County General Plan Scenic Corridors Map, the Caltrans Scenic Highway System Map website, and the City of San Mateo General Plan (Figure C/OS 4 Scenic Roadways and Pedestrian Trials), the City of San Mateo does not contain any officially designated State of California scenic highways. Therefore, no scenic highways, or scenic resources would be affected as a result of the Proposed Project. 4. The campus and Proposed Project Site are not on a site designated as a Hazardous Waste Site. 5. According to the City of San Mateo General Plan (Figure C/OS 5 – Historic Resources), the school site does not contain any historical resources and is not located within or near City designated Historic Districts (Downtown Historic District and the Glazenwood Historic District). Additionally, the Proposed Project does not include any changes to existing buildings. Therefore, the Proposed Project would not cause a change in the significance of a historical resource. Accordingly, there is no exception that would disqualify the Proposed Project from the Class 14 Categorical Exemption. Should the Board adopt the Resolution, District staff will file a Notice of Exemption with the San Mateo County Clerk and the State Clearinghouse.

The District is currently utilizing the free Education version of Google Applications for Education.  We would like to enter into a three year agreement with Amplified IT to provide student and staff licensing for Google Workspace for Education Plus.  Amplified IT is an education-focused consultancy that brings a unique blend of instructional and technical skills to the Higher Ed and K-12 market.  They recognize the challenge of preparing students for an increasingly complex and cognitively demanding world, so they leverage their experiences to provide consulting to teachers who are dedicated to creating innovative learning opportunities for their students.

Google Workspace for Education Plus will provide increased security and management of student and staff licensing, enhanced Google Classroom features and Google Meet features so that we can discontinue the District use of Zoom.

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.

The Superintendent has been granted authority by the Board to accept the resignation, release and/or retirement requests from District employment.  The Human Resources Department has received and processed all necessary documents for personnel actions according to the California Education Code.

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES ACCEPT INFORMATION REGARDING RESIGNATIONS, RELEASES AND/OR RETIREES.  

None – Replacement will be employed to fill vacated positions. 

The Human Resources Department has received and processed all necessary documents for personnel action.

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES ACCEPT THE ASSIGNMENTS NOTED FOR THE INDIVIDUALS LISTED.

None – Expenditure provided for in the 2021-2022 budget.