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CLOSED SESSION/REGULAR MEETING~BOARD OF TRUSTEES
San Mateo-Foster City SD
March 10, 2022 6:30PM
Closed Session Begins at 5:30 pm | Regular Meeting Begins at 6:30 pm In-Person: 1170 Chess Drive, Foster City, CA 94404 (Maximum capacity at this time for in-person attendance by members of the public is 50) Via Zoom Announcement of Closed Session: 5:30 pm https://smfcsd-net.zoom.us/j/86486012751- Zoom ID: 86486012751 Regular Board Meeting - 6:30 pm https://smfcsd-net.zoom.us/j/83586632600- Zoom ID: 83586632600 iPhone one-tap US:+16699009128,,83586632600#

Mission Statement:
VISION STATEMENT: "The San Mateo–Foster City School District educates, inspires and empowers every student in every school every day to live, lead and learn with integrity and joy."
1. CALL TO ORDER: 5:30 P.M.
2. RECESS TO CLOSED SESSION
2.1. GOVT. CODE § 54957 - PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
2.2. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code §54957.6, subd. (a)) Agency Designated Representative Superintendent Diego R. Ochoa
Speaker:
Diego R. Ochoa, Superintendent
3. RECONVENE TO REGULAR MEETING
3.1. Report out of Closed Session
3.2. Flag Salute
3.3. Roll Call
3.4. Approval of Agenda: March 10, 2022 (v)
3.5. Approval of Minutes: February 24, 2022 (v)
Attachments:
Board Meeting Minutes - February 24, 2022
4. STATEMENTS
4.1. Public Statements Related to Non-agenda Topics:
4.2. Public Statements Related to Agenda Items: Persons will be called on at the appropriate time
4.3. Foundation/Committee Reports
4.4. SMETA/CSEA/SMEAA Updates
4.5. Announcements
4.6. Superintendent Report
5. PROPOSED CONSENT AGENDA (v)
5.1. SUPERINTENDENT SERVICES/BOARD
5.1.1. Approval of Resolution No. 10/21-22 Continuing Board of Trustees Authority to Hold Virtual Meetings As Needed Pursuant to AB 361 [Gov’t. Code section 54953]
Rationale:

The Brown Act requires that all meetings of a legislative body of a local agency be open and public. These meetings must ensure that all persons be permitted to attend and participate. The act specifies timelines for posting an agenda and providing the ability of the public to directly address the legislative body on any item of interest to the public. The act requires meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances. Executive Order No. N-29-20 suspends the Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified. As provided by AB 361 language.

AB 361 until January 1, 2024, authorizes our district to use teleconferencing when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

 
Recommended Motion:

ADMINISTRATION RECOMMENDS THAT THE BOARD APPROVE RESOLUTION NO. 10/21-22 CONTINUING BOARD OF TRUSTEES AUTHORITY TO HOLD VIRTUAL MEETINGS PURSUANT TO AB 361.

Attachments:
Resolution 10-2122 Continuing Board Trustee Authority to Hold Virtual Meetings
5.2. STUDENT SERVICES
5.2.1. Ratification of 2021 – 2022 Non Public School (NPS) Contract
Rationale:
The District provides services for individual Special Education students according to commitments made in the student's Individual Education Plan (IEP).  When appropriate services are not able to be provided through District Programs, the District contracts with a Non-Public School (NPS) for those services.  Listed contracts are for the 2021-2022 school year.
 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE NON-PUBLIC SCHOOL (NPS) CONTRACT IN THE AMOUNT OF $40,853.00

Financial Impact:
$40,853.00
Attachments:
Ratification of 2021-22 NPS Contract Summary for 3/10/2022
5.2.2. Ratification of 2021 – 2022 Non Public Agency (NPA) Employee Contracts
Rationale:

The District provides services for individual Special Education students according to commitments made in the student's Individual Education Plan (IEP).  When appropriate services cannot be provided through District Programs, the District contracts with a Non-Public Agency (NPA) for those services.  Listed Agency Employee Contracts are for the 2021-2022 school year.

 

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE NON-PUBLIC AGENCY (NPA) EMPLOYEE CONTRACTS IN THE AMOUNT OF $95,805.00

Financial Impact:
$95,805.00
Attachments:
Ratification of 2021-22 NPA Employee Contracts Summary for 3/10/2022
5.3. BUSINESS/FINANCE
5.3.1. Borel Middle School - Poligon/PorterCorp - 3 metal shade structures
Rationale:

The Administration negotiated the purchase of the metal shade structures in a number of schools throughout the District with PorterCorp/Poligon using the National Joint Power Alliance (NJPA) contract. Purchasing directly from the manufacturer offers the District substantial cost saving, and eliminates contractor's mark-up.

The Borel Middle School campus, is planned to receive three (3) metal shade structures. The canopies will provide shade for the 6-8 grade students.

The administration recommends awarding the three metal shade structures in the amount of $263,548.69 to PorterCorp/Poligon. This contract is within Measure X funding.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE POLIGON/PORTERCORP FOR THE MATERIALS ONLY ASSOCIATED WITH THE BOREL MIDDLE SCHOOL NEW SHADE STRUCTURE PROJECT.
Financial Impact:
$263,548.69 - Measure X Funds
Attachments:
Poligon/PorterCorp quote for the 3 metal shade structures at Borel
5.3.2. Bowditch Middle School - QSD (QUALIFIED SWPPP DEVELOPER) & QSP (QUALIFIED SWPPP PRACTITIONER) SERVICES - BKF ENGINEERS
Rationale:

The Bowditch Middle School New Drama & Science Building Project was selected as a Phase 2 Measure X Construction Project at the January 21, 2016 Board Meeting.  The project known as the Bowditch Middle School Build/Rebuild/Renovate Project was selected as a Measure T project at the July 30, 2020, Board Meeting when they adopted the SMFCSD Facilities Master Plan for the New Decade. 

The proposed project is subject to compliance with the State Water Resources Control Board (SWRCB). The District will act as the lead agency for the SWRCB compliance.

The administration solicited separate proposals for SWPPP consulting services for Bowditch Middle School Measure X & T Building projects.  Two proposals were received.

The Administration recommends awarding the agreement to BKF Engineers to provide the District with QSD & QSP (SWPPP) Services, Construction General Permit Compliance, and the appropriate SWRCB documentation in the amount of $134,900. This agreement is within the Measures X & T Bowditch Middle School Building budgets. The breakdown for fees during construction is as follows:

Measure X - Drama and Science - $40,500 (32.4%) 

Measure T - Gymnasium - $30,125 (24.1%); Academic Core - $40,000 (32.0%); Demolition of existing buildings - $5,125 (4.1%); Fields, hardtop, parking lot - $9,250 (7.4%).    

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

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE CONTRACT FOR BKF ENGINEERS REGARDING THE MEASURE X AND MEASURE T BUILDING PROJECTS AT BOWDITCH MIDDLE SCHOOL.
Financial Impact:
$134,900 - Measure X & T Funds
Attachments:
BKF's proposal for Bowditch Middle School
5.3.3. Highlands Elementary School MPR - LPA, Inc. Amendment No.01
Rationale:

The following proposal is in addition to the basic services fee placeholder from the Master Agreement, dated April 15, 2021. During the initial contract discussions, some assumptions were made as to the scope of work with an assumed total construction value of $7,560,000 and a fee of $541,100.

Since then the scope has been clarified and augmented to include relocating a play structure, replacement of the grass field with synthetic turf with significant grading to level the area of play, paving maintenance, bio-retention measures, new fire hydrant, and associated site work.

This proposed contract Amendment of $566,322, is prompted by the District’s revised construction budget, at Design Development inclusive of the scope listed above, of $15,554,914 per the Board Presentation on February 10, 2022 and the recalibrating of the design fee to match this budget and the project scope.  

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE AMENDMENT ONE FOR $566,322 TO LPA, INC. REGARDING THE HIGHLANDS ELEMENTARY SCHOOL MULTIPURPOSE ROOM PROJECT.
Financial Impact:
$566,322.00 - Measure T
Attachments:
LPA Amendment 1 Highlands
5.3.4. HVAC Replacement for Service Upgrade LEAD Elementary (Bid#22-196): Collins Electrical
Rationale:

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.  LEAD Elementary is part of HVAC Phase II for receiving new mechanical units but for coordination with the new Multi Purpose Room project the electrical upgrade is occurring this year.

In keeping with District policy and applicable law, this contract shall be let by formal public bid, per Public Contract Code section 20111. The lowest responsive base bidder was Collins Electrical for the of $1,574,444.00.


 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES AWARD THE CONTRACT WITH COLLINS ELECTRICAL FOR THE HVAC REPLACEMENT SERVICE UPGRADE FOR LEAD ELEMENTARY SCHOOL.
Financial Impact:
$1,574,444.00 - Measure T Funding
Attachments:
Bid Tabulation for LEAD
5.3.5. LEAD Elementary School - New MPR Building - Stormwater Pollution Prevention Plan Consultant - BKF Engineers
Rationale:

The LEAD Elementary School New Multi-purpose Building Project was selected as a Phase 2 Measure X Construction Project at the January 21, 2016 Board Meeting.  As a part of this project, one playstructure will be relocated, a new artificial turf field will be installed, a new shade structure will be added, and new multi-purpose room building will be built. 

The proposed project is subject to compliance with the State Water Resources Control Board (SWRCB). The District will act as the lead agency for the SWRCB compliance.

The administration solicited separate proposals for SWPPP consulting services for LEAD Elementary School MPR Building project.  Two proposals were received.

The Administration recommends awarding the agreement to BKF Engineers to provide the District with QSD & QSP (SWPPP) Services, Construction General Permit Compliance, and the appropriate SWRCB documentation in the amount of $67,000. This agreement is within the Measure T LEAD Elementary School MPR Building budget. 

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE PROPOSAL FOR BKF ENGINEERS REGARDING THE NEW MULTI-PURPOSE BUILDING PROJECT AT LEAD ELEMENTARY SCHOOL.
Financial Impact:
$67,000.00 - Measure T Funds 
Attachments:
BKF Engineers - LEAD Elementary School
5.3.6. LEAD Elementary School MPR - HKIT Amendment No.02
Rationale:

The original architectural design contract to HKIT Architects was approved by the Board of Trustees on April 15, 2021 in the amount of $541,000, was previously amended on February 24, 2022 for Amendment 1 in the amount of $470,140, and is now further amended to include additional language on how the architectural fee will be reviewed after all the construction scope is awarded.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE AMENDMENT TWO TO HKIT ARCHITECTS REGARDING THE LEAD ELEMENTARY SCHOOL MULTIPURPOSE ROOM PROJECT.
Attachments:
HKIT Amendment 2 LEAD MPR
5.3.7. Parkside Montessori MPR - HMC Amendment No.01
Rationale:

The following proposal is in addition to the basic services fee placeholder from the Master Agreement, dated April 15, 2021. During the initial contract discussions, some assumptions were made as to the scope of work with an assumed total construction value of $7,560,000 and a fee of $541,100.

Since then the scope has been clarified and augmented to include relocating a play structure, reconfiguration of the parking lot, replacement of the grass field with synthetic turf, paving maintenance, bio-retention measures, new trash enclosure, new fire hydrant, changing the location of the MPR building after schematic design, exploring options to build a student support services building, specialized foundation system and associated site work.

This proposed contract Amendment of $551,951, is prompted by the District’s revised construction budget, at Design Development inclusive of the scope listed above, of $15,375,000 per the Board Presentation on February 10, 2022 and the recalibrating of the design fee to match this budget and the project scope.  

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE AMENDMENT ONE FOR $551,951 TO HMC REGARDING THE PARKSIDE MONTESSORI SCHOOL MULTIPURPOSE ROOM PROJECT.
Financial Impact:
$551,951 - Measure T Fund
Attachments:
HMC Amendment 1 Parkside
HMC Amendment 1 Parkside proposals
5.3.8. Various school sites - Vape Detector Project - IT Management Corporation - Amendment #1
Rationale:

On June 24, 2021, the Board authorized the purchase of environmental sensors utilizing a CMAS contract with IT Management, not to exceed $200,000, through the end of the 2021-2022 school year.  

The District recommends ratifying the contract with Amendment #1 in the amount of $53,238.12 to IT Management Corporation for the Environmental Sensors project at K-8 and Middle Schools.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES RATIFY AMENDMENT #1 FOR IT MANAGEMENT CORPORATION REGARDING THE VAPE DETECTOR PROJECT AT ALL MIDDLE & K8 SCHOOLS.
Financial Impact:
$53,238.12 - Measure T Funds 
Attachments:
Amendment 1 IT Management Proposal
5.3.9. Building Five offices at District Office - B.E.A.M. Construction Enterprises, Inc.
Rationale:

The Administration recommends awarding the contract for building five new offices inside of the District Office in the amount of $65,000.00.

 
Recommended Motion:

IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES AWARD THE CONTRACT TO B.E.A.M. CONSTRUCTION ENTERPRISES, INC. REGARDING THE DISTRICT OFFICE: FIVE NEW OFFICES PROJECT IN THE AMOUNT OF $65,000.

Financial Impact:
$60,000 - Building Fund
Attachments:
BEAM Contract District Office
5.3.10. E-Rate Bid Evaluations - Internet Services
Rationale:

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 2022-2023 Fiscal year contract includes the following services:

  • Internet Services Provided by the San Mateo County Office of Education
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE BID EVALUATION.
Attachments:
E-Rate Bid Evaluation Worksheet
5.3.11. E-Rate Purchase Agreement Contract Approval
Rationale:
The District's three year support and licensing agreement is expiring for the District's Palo Alto Network firewall.  We would like to file for Category Two E-Rate funding to partially cover the cost for the support and licensing.  CDW-G has prepared an E-Rate Purchase Agreement.  
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES APPROVE THE E-RATE PURCHASE AGREEMENT FOR FIREWALL SUPPORT AND LICENSING.

Financial Impact:
$115,218. From the current years’ budget. Discounts to be applied after E-Rate award in 2022-2023 School Year.

Attachments:
E-Rate Purchase Agreement
5.3.12. Resolution No. 23/21-22 - Surplus Equipment - Printshop Equipment
Rationale:

The Board of Trustees has the authority under the provisions of Education Code Sections 39520, 39521, 39522,  and 39523 to dispose of tangible surplus property if it no longer meets the needs of the District. Board Policy 3270 adopted June 5, 2014 describes the appropriate process for surplus and disposal of said property.

The following property will be declared surplus to the needs of the District as it is inadvisable to repair and/or is obsolete:

  • District - Printshop - Honzon Taper (booklet/book binding machine)
 
Recommended Motion:
IT IS RECOMMENDED THE BOARD OF TRUSTEES APPROVE RESOLUTION NO.23/21-22 AUTHORIZING CERTAIN PROPERTY SURPLUS AND AUTHORIZING THE DISTRICT TO DISPOSE OF IT IN ACCORDANCE WITH BOARD POLICY 3270.
Financial Impact:
None
Attachments:
Resolution No. 23 21-22 - Surplus 031022
Surplus Form 031022
5.3.13. Contracts & Consultants $45,000 and Under
Rationale:

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.

 
Recommended Motion:

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

Attachments:
Contract Ratification Report 031022
5.3.14. Listing of Payments to Meet District Expenditures
Rationale:

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.


 
Recommended Motion:

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

Financial Impact:
Funds have been provided for the goods and services paid by these warrants through the budgetary process. There is no impact on the various funds of the District beyond what has been budgeted.
Attachments:
Warrant Report 031022
5.3.15. Gifts Presented to the Schools and Sites
Rationale:
Board Policy 3290 requires the Superintendent to obtain final approval and acceptance for gifts donated to the school district.

 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES ACCEPT THE GIFTS PRESENTED TO THE SCHOOLS AS APPROVED BY THE SUPERINTENDENT.

Financial Impact:
The District receives direct benefit from these gifts, either in the form of cash contributions or goods and services.

Attachments:
Gifts 031022
5.4. HUMAN RESOURCES
5.4.1. Personnel Report: New Hires and Assignment Changes
Rationale:
The Human Resources Department has received and processed all necessary documents for personnel action.
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES ACCEPT THE ASSIGNMENTS NOTED FOR THE INDIVIDUALS LISTED.
Financial Impact:
None – Expenditure provided for in the 2021-2022 budget.   
Attachments:
Personnel Report: New Hires and Assignment Changes
5.4.2. Personnel Report: Resignations, Releases, and/or Retirements
Rationale:
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.
 
Recommended Motion:
IT IS RECOMMENDED THAT THE BOARD OF TRUSTEES ACCEPT INFORMATION REGARDING RESIGNATIONS, RELEASES AND/OR RETIREES.  
Financial Impact:
None – Replacement will be employed to fill vacated positions.  
Attachments:
Personnel: Resignations, Releases, and/or Retirements
6. SUPERINTENDENT SERVICES/BOARD
6.1. Discussion of community based elementary school design for North Central San Mateo: College Park Elementary and Fiesta Gardens International School implications.
Speaker:
Diego R. Ochoa, Superintendent
Rationale:

At the November 19, 2020 Board Meeting, the Board of Trustees asked the administration to move forward with the consulting proposal presented by Pedro A. Noguera and PAN Ltd. for program options for the new elementary school in North Central San Mateo.  The team from PAN Ltd. subsequently presented information gathered from stakeholder engagements and their recommendations related to the design of the new school with the Board at their June 10, 2021 meeting.

District administration began the process of determining how the new school in North Central San Mateo would be implemented by August 2024. After thorough reviews of district data, student enrollment trends, demographic reports, and possible program size, the district determined that moving College Park Elementary School to the Fiesta Gardens International School campus was a highly practical option. In such an option, the program at Fiesta Gardens International School would transition to the North Central San Mateo campus with an agreement that the district would engage stakeholders in the process.  College Park Elementary School would transition to the current Fiesta Gardens site.

In November 2021, Superintendent Ochoa presented the Board of Trustees with a proposal by PAN to lead our district in a school-design process for North Central San Mateo. The Board subsequently approved the administration's recommendation for PAN to provide Equity consultative services and support for community-based elementary school design for North Central San Mateo.

 
Recommended Motion:
Administration recommends that the Board discuss and consider the implications of the proposed North Central San Mateo campus.
Attachments:
SMFC NCSM School Design Discussion
6.2. Proposed change to Safe Return to Schools Plan: Establishing Mask Wearing as Optional
Speaker:
Diego R. Ochoa, Superintendent
Rationale:

From SMCOE: On Monday, the California Department of Public Health (CDPH) released updated masking guidance for schools. Under the new guidance, the universal masking requirement for K-12 and Childcare settings will terminate on March 11, 2022. As of March 12, CDPH will shift its guidance to a strong recommendation that students, teachers, and others continue to mask while indoors in school settings. San Mateo County Health has aligned itself with the CDPH guidance and confirmed that once the statewide requirement ends, masks will be strongly recommended in all public and private schools in the county.

Board and Superintendent Ochoa discussed this topic on Thursday, March 3, 2022 during a Board Study Session. 

 
Recommended Motion:
Administration recommends that the Board approve the proposed change to the Safe Return to Schools Plan: Establishing Mask Wearing as Optional on ____________________.
Attachments:
COVID 19 March Evening Testing
SM County Letter
SMC School Masking Article
SMFCSD Weekly COVID Data
Vaccination Demographic Data
7. BOARD MEMBER STATEMENTS AND REQUESTS FOR FUTURE AGENDA ITEMS
8. FUTURE MEETING DATES
Rationale:

March 22, 2022 - Special Board Meeting - School Visitation

                            Highlands Elementary School

     Abbott Middle School


March 24, 2022  - Regular Board Meeting 


April 14, 2022     - Regular Board Meeting

 
9. ADJOURNMENT
9.1. Adjournment (v)
Disability Information:
"Materials related to an item on this Agenda submitted to the Board after distribution of the agenda packet are available for public inspection in the Superintendent's Office at 1170 Chess Drive, Foster City, during normal business hours." ----- If you are an individual with a disability and need an accommodation to participate in this meeting, please contact the Superintendent's office at 312-7348 at least 48 hours in advance.

Published: March 4, 2022, 4:06 PM

The resubmit was successful.