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The Fullerton Joint Union High School District (“District”) is the owner of real property located at 1801 Lancer Way, Fullerton, CA 92833, also known as Sunny Hills High School (“Campus”).  Southern California Gas Company (“Socal Gas”) has requested that the District convey an easement (“Easement”) for public utility purposes for one or more pipelines and associated equipment and structures which will tie into an existing easement acquired by Socal Gas in 1959. 

Prior to the District’s Board of Trustees consideration of Resolution 2020/21 #26 to Convey an Easement for Public Utility Purposes to Southern California Gas Company in the next agenda item, pursuant to Education Code section 17557, the Board must conduct a public hearing regarding the conveyance. 

On December 22, 2021, District staff gave public notice of the public hearing, to be held on January 12, 2021, by posting signed copies of Resolution No. 2020/21 #24 in three public places in the District and on the District’s website and by publishing notice in the local newspaper on January 7, 2021.

It is recommended that the Board of Trustees open a public hearing to receive comments regarding Resolution 2020/21 #26 to Convey an Easement for Public Utility Purposes to Southern California Gas Company, take comments from the public, and close the public hearing.

The Fullerton Joint Union High School District (“District”) is the owner of real property located at 1801 Lancer Way, Fullerton, CA 92833, also known as Sunny Hills High School (“Campus”).  Southern California Gas Company (“Socal Gas”) has requested that the District convey an easement (“Easement”) for one or more pipelines and associated equipment and structures which will tie into an existing easement acquired by Socal Gas in 1959. 

The Easement is necessary to ensure continued service reliability for the District and Socal Gas’ customers near Sunny Hills High School.

District staff has independently determined that the Easement area is not needed for classroom buildings and will not interfere with the Campus.

Socal Gas has agreed to pay Ten Thousand Dollars ($10,000) as fair market value compensation for the Easement.  Socal Gas has further agreed to reimburse the District for its attorney’s fees, administrative expenses and other costs associated with the Easement.

On December 15, 2020, the Board adopted Resolution No. 2020/21 #24 entitled, “Resolution of Intention to Convey an Easement for Public Utility Purposes to Southern California Gas Company.”  On December 22, 2020, District staff gave public notice of the public hearing, to be held on January 12, 2021, by posting signed copies of Resolution No. 2020/21 #24 in three public places in the District and on the District’s website, and by publishing notice in the local newspaper on January 7, 2021.

The Board must hold a public hearing to determine if there are any formal protests to the conveyance before adopting the resolution conveying the easement.  Per Education Code section 17560, a formal protest consists of a petition protesting by at least 10 percent of the qualified electors signing a petition that is filed with the District’s Board.  If such a petition is filed, the Board shall submit the question of whether the proposed conveyance should be made to the County of Orange Superintendent of Schools, whose decision is final.

If the Superintendent of Schools approves the proposed conveyance, the Board may adopt the resolution; otherwise, no further action can be taken.

The Resolution to Convey an Easement for Public Utility Purposes to Southern California Gas Company requires a two-thirds vote of the Board to be adopted.

It is recommended that Resolution 2020/21 #26 to Convey an Easement for Public Utility Purposes to Southern California Gas Company be adopted, and that the Superintendent or designee be authorized to execute the necessary documents.

District school sites are often required to execute contracts for goods and services, and the use of facilities. A contract is a legally binding document that must be carefully reviewed prior to execution. All contracts relating to school sites must be in accord with District Board Policies and Administrative Regulations regarding the staff member designated to execute and/or sign contracts, and must be approved by the Board of Trustees (Education Code Sections 42630 – 42632).

Any document requiring one party to do any specific action and receive consideration of any kind in return is considered a contract. Contracts may be called many things, including agreements, letters, memorandum of understanding, and grants. A contract may be for a single event or for events that repeat throughout the school year. A contract sets forth an obligation for payment of goods and services. A contract might also guarantee payment to the school site for allowing access or advertisement. 

In an effort to provide proper disclosure and transparency to the public, as well as to comply with Education Code Section 42630, District staff members will bring these contracts before the Board for consideration and approval.

Current Considerations & Financial Implications

District school sites are considered part of the District entity; therefore, Business Services staff members have the same responsibility and authority over school site contracts as with any District contract. For this reason and because of the complexities of contract law, school site contracts must be reviewed by Business Services staff members before contracts are signed by the appropriate staff member. This would include:

• A review from Risk Management for potential liability and indemnity from contracts.

• A review from the Purchasing Department to ensure that terms are clearly stated and understood.

• A review from Business Services to ensure that financial considerations are clear and have been fully factored into the decision.

• When necessary, contacting District legal counsel for advice and guidance.

In 2016, the Food Services Department procured and implemented Meals Plus as its nutrition software program for its Point-of-Sales (POS), free and reduced application database, menu productions, and management of all schools breakfast, lunch, and supper programs.  

On November 10, 2020, EMS LINQ the parent company of Meals Plus merged with EMS LINQ, Inc., another school nutritional program. EMS LINQ, Inc. plans to phase out the Meals Plus software in the future making it obsolete. The Titan School nutrition software will provide food services and all cafeterias the same product and services Meals Plus offered with additional solutions. This includes a nutritional analysis for menu planning and offers a family portal for parents and students to manage online.  More importantly, the Titan school nutrition software interfaces more effectively with Aeries, the District’s current student information system. This will allow for increased efficiency, productivity, and maintenance of accurate data for students who are eligible for free and reduced priced meals.   

This agenda item seeks approval of an agreement with EMS LINQ, Inc. for Titan school nutrition and point-of-sale system software for school cafeterias. A copy of the agreement from EMS LINQ, Inc. is attached for Board Members’ consideration and approval.

Financial Impact: $56,498 (three-year contract)

Primary Funding Source: Fund 13 - Cafeteria Fund

Contract Terms: February 1, 2021 - January 31, 2024

It is recommended that an agreement with EMS LINQ, Inc. for Titan school nutrition and point-of-sale system software (EC 2020/21 #172) be approved, and the Superintendent or designee be authorized to execute the necessary documents.

To support the District’s Hybrid and Distance Learning Model (On-Line) due to the COVID-19 pandemic as well as regular on-going purchases, the District requires wireless equipment and services to support students and staff members while attending school and working remotely.

The procurement vehicle to purchase wireless equipment and services are available through the Master National Association of State Procurement Officials (NASPO) ValuePoint Agreement, formerly Western States Contracting Alliance  (WSCA) with Verizon Wireless Contract #1907, Amendment #5 to  Master NASPO ValuePoint Agreement (formerly WSCA) with Verizon Wireless Contract #1907, California Participating Addendum WSCA Wireless Equipment and Services/Verizon Wireless Master Price Contract/Contract #7-10-70-16 , and the Los Angeles Unified School District (LAUSD) Authorized Customer Agreement.  

The Master (NASPO) ValuePoint Agreement and California participating addendum allows the District to procure in lieu of a formal bidding process. The LAUSD authorized customer agreement will benefit the District further by reducing the monthly service cost for each hotspot from $36 to $10 per device.

This agenda item seeks approval of an agreement with Verizon Wireless for the purchase of wireless equipment and services via the following Master Services Agreements:

1. Master NASPO ValuePoint Agreement (formerly WSCA)
with Verizon Wireless Contract # 1907, including enclosed
amendment #5

2. California Participating Addendum Western States
Contracting Alliance (WSCA) Wireless Equipment
  and Services Verizon Wireless Master Price Contract
#7-10-70-16 Amendment #5

3. Los Angeles Unified School District (LAUSD)
Contract No. 4400007482 - Amendment 2 Verizon
Wireless Authorized Customer Agreement

This master agreement will allow the District to purchase competitively bid computer equipment under the same terms and conditions as the master agreement.

Upon acceptance and approval of the agreement with Verizon Wireless for the purchase of wireless equipment by the Board of Trustees, the District will execute the necessary authorization and issue the requisite purchase order(s).

Estimated Cost of Agreement: Not to Exceed $400,000

Funding Source: Fund 01 – General Fund

Contract Terms: March 31, 2021 or expiration of the NASPO agreement
(assuming Master Contract is extended)

It is recommended that an agreement with Verizon Wireless for the purchase of wireless equipment and services via various master services agreements (EC 2020/21 #174) be approved, and that the Superintendent or designee be authorized to execute the necessary documents.

Board Policy 3842.2 and Education Code Section 17545 et seq., provide the framework for school districts to dispose of personal property such as furniture, equipment, computers, vehicles, library books (not textbooks), etc. Determination of obsolescence and disposal of textbooks and instructional materials is handled separately and is addressed in Education Code Section 60500 et seq.

Education Code Section 17546 provides that if the governing board, by a unanimous vote of those members present, finds that the property, whether one or more items, does not exceed in value the sum of two thousand five hundred dollars ($2,500), the items may be sold at private sale without advertising. If the Board of Trustees finds that the property is of insufficient value to defray the costs of arranging a sale, the property may be either donated to a charitable organization deemed appropriate by the Board, or it may be disposed of in the local public dump. In the case of electronic and computer equipment, such equipment will be disposed of via an e-waste recycler.

Attached is a list of technology equipment that is obsolete and/or not worth repairing and is recommended for disposal in accordance with Education Code Section 17546 as outlined above. Because the items have an individual value of less than $2,500, District staff members will be able to sell/dispose of these items without conducting a formal public auction. Once declared obsolete by the Board of Trustees, these items will be removed from the District’s inventory record and sold/disposed of properly.

It is recommended that the Board of Trustees approve the sale/disposal of surplus District personal property identified on the attached list, and authorize District staff members to dispose of the obsolete items in accordance with Education Code Section 17546.

Resolution 2020/21 #25 for Transfer of Funds #7 is attached and recommended for approval.

In accordance with the law, Purchase Order Report 2020/21 #7 is recommended for approval. The report lists all purchase orders issued December 7, 2020 through January 3, 2021.

In accordance with the law, Warrant Listing Report 2020/21 #7 is recommended for approval.  The report includes all warrants issued December 7, 2020, through January 3, 2021.

The following gifts were donated to the District:

Farmers & Merchants Bank donated $100 in support of the education of students at Fullerton Joint Union High School District.

Smoke and Fire BBQ donated $1,000 in support of the Dance Program at La Habra High School.

It is recommended that the gifts mentioned above, which have been donated to the Fullerton Joint Union High School District, be accepted and that a letter of appreciation be written to the donors.

The attached Employer-Employee Relations/Personnel Report 2020/21 #9, which includes hiring, resignations, contract adjustments, and retirements for certificated and classified employees has been completed without irregularities and in compliance with the law, District policy, administrative regulations, rules, procedures, direction of the supervisor, and all information has been fully disclosed.

It is recommended that Employer-Employee Relations/Personnel Report 2020/21 #9, which includes hiring, resignations, contract adjustments, and retirements for certificated and classified employees be ratified.

The California Department of Education requires local education agencies to adopt Assurance Statements related to the provisions of services to individuals with exceptional needs that are in alignment with the Individuals with Disabilities Education Improvement Act of 2004 (IDEA 2004).  Each local education agency member of the North Orange County Special Education Local Plan Area (NOC-SELPA) is required to adopt these Assurance Statements.

It is recommended that the Board approve adoption of the local governance plan for the North Orange County Special Education Local Plan Area, and that the Superintendent or designee be authorized to execute the necessary documents.

Children's Hospital of Orange County, located in Orange, California, shall provide Wellness Centers to students initially at Buena Park and Troy High Schools with the plan to expand the services if the initial pilot is successful. The Wellness Centers serve as a designated area for social emotional learning and health promotion programs (i.e., mindfulness activities, group counseling, restorative circles) and will provide a safe, purposefully designed space for students to access and allay daily stress. The Wellness Centers will be staffed by dedicated District personnel trained to work with young people and offer telehealth access for students to speak to CHOC clinical staff (nutrition, mental health), with appropriate parental consent, where required.

The Memorandum of Understanding (MOU) between Children’s Hospital of Orange County and the District will cover the period of service from January 12 , 2021, to June 30, 2025, without any financial responsibility involved.

It is recommended that a Memorandum of Understanding between Children’s Hospital  of Orange County and the District to provide wellness centers to District students for the 2020/21 through the 2024/25 school years be approved, and that the Superintendent or designee be authorized to execute the Memorandum.

When a local district is unable to provide an appropriate educational program for individuals with exceptional needs, the district may contract with a nonpublic nonsectarian agency to provide such services.

A final settlement agreement and general release has been developed for one District student that calls for services from a nonpublic nonsectarian agency. Make the Grade, LLC, dba Grade Potential Tutoring, a nonpublic nonsectarian agency, located in San Luis Obispo, California, will serve as the providing agency.

The agreement totals $7,200, and covers the period of service from October 23, 2020, to November 1, 2022.

It is recommended that an agreement with Make the Grade, LLC, dba Grade Potential Tutoring, a nonpublic nonsectarian agency, located in San Luis Obispo, California, to provide compensatory academic instruction services (EC 2020/21 #165) be ratified at the per-unit rate cost for the dates indicated for a total cost of $7,200, and that the Superintendent or designee be authorized to execute the agreement.

Arrangements have been made with Rachel Nadine Van Vliet, Speech Language Pathologist,  located in La Habra, California, to provide speech and language services for District students. 

Rachel Nadine Van Vliet’s expertise is in the area of assessing and diagnosing a wide variety of language and speech disorders, and in the sharing of the assessments results with both parents and educational staff. She participates in the eligibility determination process and in the development and implementation of Individualized Education Program(s) (IEPs). Additionally, Rachel Nadine Van Vliet provides appropriate and relevant instruction by using evidence-based practice and strategies while considering each student’s development and individual needs. She delivers consultative services for school staff and communicates and collaborates with the families for the purpose of fostering individual student success and growth. 

Financial Implications

Speech and Language Services $75 per hour

Maximum Hours per Week   40 hours

Financial Impact                                 Not to exceed $75,000

Terms of Service                             January 4, 2021 - June 30, 2021   

It is recommended that an Agreement with with Rachel Nadine Van Vliet, Speech Language Pathologist, to provide speech and language services (EC 2020/21 #166) be ratified in an amount not to exceed $75,000, including all expenses such as mileage, meals, parking, transportation, lodging, and materials, and that the Superintendent or designee be authorized to execute the agreement.

Arrangements have been made with Tilly’s Life Center (TLC) located in Irvine, California, to provide professional development services to District staff members for the 2020/21 and 2021/22 school years. Tilly’s Life Center (TLC) is a 501.c.3 service organization based in Irvine, California, and is dedicated to making lifelong learning opportunities accessible to a diverse population of educators that want to make an impact through social-emotional learning.

Terms of Agreement:

• Phase 1: One-Time Cost for Classroom Materials: $150 

                          Cost per Student Materials: $35

• Phase 2: One-time Cost for Classroom Materials: $55

               Cost per Student Materials: $15

• Phase 3: One-Time Cost for Classroom Materials: $70

           Cost per Student Materials: $20              

• In order to maintain usage of the TLC curriculum, TLC classroom course materials and supplies may be available at an additional cost.

• TLC and FJUHSD agree and acknowledge that the cost for instruction, materials, courses, and supplies may increase or decrease over time.

• Terms of Service: December 7, 2020 to December 7, 2021. 

• Either TLC or FJUHSD may terminate this agreement at any time, without cause, by giving a thirty (30) days written notice. 

It is recommended that an agreement with Tilly’s Life Center to provide professional development services to District staff members for the 2020/21 and 2021/22 school years be ratified, and that the Superintendent or designee be authorized to execute the agreement.

On June 2, 2020, the Board approved an agreement with Jump and Schout Therapy, a nonpublic nonsectarian agency, to provide evaluations and/or occupational and physical therapy and push-in support services to special education students. It is necessary to amend the agreement to include speech and language services.

The original per-unit rate cost to cover the period from July 1, 2020, to June 30, 2021, totals $125,000.  The additional speech and language services will not increase the total dollar amount of the agreement with Jump and Schout Therapy.

It is recommended that an amendment to the agreement with Jump and Schout Therapy, a nonpublic nonsectarian agency, to provide evaluations and/or occupational and physical therapy, push-in support services (EC 2020/21 #16) be ratified for the period of service from July 1, 2020, to June 30, 2021, to include speech and language services in addition to the evaluations and/or occupational and physical therapy and push-in support services, in an amount not to exceed $125,000, including all expenses such as mileage, meals, parking, transportation, lodging, and materials, and that the Superintendent or designee be authorized to execute the agreement.

In accordance with Education Code Sections 56365 and 56366, a school district is required to enter into a separate agreement with nonpublic nonsectarian schools to provide the services included in a pupil's Individualized Education Program (IEP) when such services cannot be provided by the district.

An IEP has been developed for one District student that calls for services from a nonpublic nonsectarian residential treatment center school.  Mountain Valley Child and Family Services, Inc., Mountain Valley School, located in Sacramento, California, will serve as the nonpublic nonsectarian residential treatment center school.

The agreement totals $152,486.25, and covers the period of service from December 28, 2020, to June 30, 2021.

It is recommended that an agreement with Mountain Valley Child and Family Services, Inc., Mountain Valley School, a nonpublic nonsectarian residential treatment center school, to provide special education services (EC 2020/21 #169) be ratified at the per-unit rate cost for the dates indicated for a total cost of $152,486.25, and that the Superintendent or designee be authorized to execute the agreement.

It is recommended that the final settlement agreement and general release, CSIS #1177583433, dated December 17, 2020, be ratified, and that the Superintendent or designee be authorized to execute the agreement.

The Fullerton Joint Union High School District has completed its updated version of the Plan Between the Orange County Department of Education and the Fullerton Joint Union High School District for the Implementation of Education Code 48916.1 as a part of the Countywide Expulsion Plan.

On June 20, 1997, the Orange County Board of Education approved the Countywide Expulsion Plan providing educational services for all expelled students in Orange County.  This plan was developed in conjunction with the 27 school districts in Orange County.  Each district’s governing board adopted the expulsion plan for their respective district.  The plan was developed to fulfill the requirements of Education Code Section 49826.  Education Code 48916.1 also requires an update to the plan be sent to the Superintendent of Public Instruction, including the outcome data pursuant to Section 48916.1, every three years thereafter.  The most recent District update was submitted February 20, 2018.  The present triennial update will be submitted to the California Department of Education by the Orange County Department of Education.

It is recommended that the Plan Between the Orange County Department of Education and the Fullerton Joint Union High School District for the Implementation of Education Code 48916.1 be approved, and that the Superintendent or designee be authorized to execute the necessary documents.

The Fullerton Joint Union High School District (“District”) is the owner of real property located at 1801 Lancer Way, Fullerton, CA 92833, also known as Sunny Hills High School (“Campus”).  Southern California Gas Company (“Socal Gas”) has requested that the District convey an easement (“Easement”) for public utility purposes for one or more pipelines and associated equipment and structures which will tie into an existing easement acquired by Socal Gas in 1959. 

The Easement is necessary to ensure continued service reliability for the District and Socal Gas’ customers near Sunny Hills High School.

Pursuant to Education Code sections 17556 et seq., the District’s Board may convey an easement for public utility purposes.

On December 15, 2020, the Board adopted Resolution No. 2020/21 #24 entitled, “Resolution of Intention to Convey an Easement for Public Utility Purposes to Southern California Gas Company.”  On December 22, 2020, District staff gave public notice of the public hearing and on January 12, 2021, the District will consider adopting the Resolution to Convey Easement for Public Utility Purposes to Southern California Gas Company. 

Upon adoption of the Resolution, the District and Socal Gas will enter into an Easement Agreement and Socal Gas shall within fifteen (15) business days following the date on which the Easement Agreement is recorded, submit payment to the District in the sum of Twenty-Eight Thousand, Two Hundred Sixty-Five Dollars ($28,265) in cash, by wire transfer of immediately available funds or by other methods of payments accepted by District such as corporate check (“Compensation”) in consideration for the Easement.  This Compensation is described and memorialized in the Compensation Agreement (“Agreement”), attached as Exhibit “A”.

The Agreement provides the terms of payment for fair market value compensation to the District for conveyance of the Easement interest to Socal Gas, and provides for reimbursement to the District for legal and administrative costs incurred in conveying the Easement interest.  Accordingly, staff recommends that the Board approve the Agreement.

It is recommended that the Compensation Agreement for the District’s Conveyance of Easement for Public Utility Purposes to Southern California Gas Company, be approved, and that the Superintendent or designee be authorized to execute necessary documents.

On September 22, 2020, the Board of Trustees gave authorization to bid for the Fullerton Auditorium Seismic Upgrade project. Advertisements were placed in the Orange County Register on November 10 and November 17, 2020 and five bids were received on December 16, 2020. This Board agenda item recommends approval of an agreement with Bogh Engineering, Inc.

Bogh Engineering, Inc. submitted the lowest responsive and responsible base bid of $6,868,000. Reference checks verified that the selected bidder is both responsive and responsible.

Financial Impact: $6,868,000.00

Funding Source: 50% Measure I

It is recommended that an agreement with Bogh Engineering, Inc. for the Fullerton Auditorium Seismic Upgrade Project, Bid #04-116531 (EC 2020/21 #171) be approved, and that the Superintendent or designee be authorized to execute the necessary documents.

On April 7, 2020, the Board of Trustees gave authorization to bid the Food Storage Equipment Installation at FUHS, SOHS, and LHHS. Advertisements were placed in the Orange County Register on November 17 and November 24, 2020 and eight bids were received on January 5, 2021. This Board agenda item recommends approval of an agreement with New Dynasty Construction Co.

New Dynasty Construction Co. submitted a qualified packet and base bid of $696,397.00. The first contractor Optima RPM, Inc. formally withdrew. Reference checks verified that the selected bidder is both responsive and responsible.

Financial Impact: $696,397.00

Funding Source: Food Services

It is recommended that an agreement with New Dynasty Construction Co. for walk-in food storage equipment installation at FUHS, SOHS, and LHHS, Bid #04-119183, 04-119185, 04-119184 (EC 2020/21 #173) be approved, and that the Superintendent or designee be authorized to execute the necessary documents.

The purpose of this agenda item is to seek Board approval of Deductive Construction Change Order #1 with RT Contractor Corp. for the cafeteria HVAC installation at Sunny Hills High School. Change orders must be processed and approved. Failure to process change order requests in a timely manner can result in delaying the scheduled completion.

Although anticipated, the entire allowance for unforeseen conditions was not required for the cafeteria HVAC installation at Sunny Hills High School resulting in a net savings to the District of ($28,500.00).

Financial Impact: Reduction of $28,500.00

Funding Source: Deferred Maintenance

It is recommended that the Board of Trustees approve Deductive Construction Change Order #1 with RT Contractor Corp. for the cafeteria HVAC installation at Sunny Hills High School, Bid #04-118914 (EC 2020/21 #61) in the amount of ($28,500.00), and that the Superintendent or designee be authorized to execute the necessary documents.

On July 7, 2020 the Board of Trustees approved an agreement with RT Contractor Corporation in the amount of $175,000.00 for the cafeteria HVAC installation at Sunny Hills High School. Work on the project began on July 15, 2020 and was completed on November 17, 2020.

Although anticipated, the entire allowance for unforeseen conditions was not required for the Cafeteria HVAC Installation at Sunny Hills High School resulting in a net savings to the District of ($28,500.00).

It is recommended that the Notice of Completion of Agreement with RT Contractor Corporation for the cafeteria HVAC installation at Sunny Hills High School, Bid #04-118914 (EC 2020/21 #61) be approved in the amount of $146,500.00 with November 17, 2020 as the date of completion, and that the Superintendent or designee be authorized to execute the necessary documents.