Pupil Personnel Matters/Advice From Legal Counsel – Existing and Anticipated Litigation (Disclosure of Case Name Would Jeopardize Potential Settlement Negotiations)/Real Property/Liability Claims/Public Employee Appointments – Discipline – Dismissal – Release/Employer-Employee Relations-Negotiations

Background

On March 2, 2021, the Board of Trustees took part in a workshop titled “Good Beginnings” hosted by California School Boards Association (CSBA). During the workshop, a recommendation was made to adopt a Board Bylaw regarding Governance Standards to enhance the public's understanding about the critical responsibilities of the Board of Trustees and to support the Board in their efforts to govern effectively.

Current Considerations

New Board Bylaw 9005: Governance Standards has been developed to provide a shared framework for effective school district governance. A draft copy of proposed new Board Bylaw 9005: Governance Standards is attached.

The textbooks on the attached list are proposed for addition to the basic textbook list effective for the 2021/22 school year.  In accordance with District Administrative Regulation 6711.1, the textbooks have been reviewed by teachers and submitted to department leaders for evaluation. The members of the appropriate curriculum committee(s), meeting with the administrative liaison(s), have completed evaluation forms indicating that the books have been properly reviewed.  The proposed additions have also been approved by the Assistant Principals, Instruction/Operations, the Administrative Council, and the Superintendent.

The proposed basic textbooks are presently on display in the Education and Assessment Services Division for review by any interested persons. The textbooks will be recommended for adoption at the May 11, 2021 Board meeting.

The District currently has a three-year agreement with the California School Employees Association, Chapter #82, which is in effect until June 30, 2021.  Under the Rodda Act and the existing agreement, the negotiation process for a successor agreement begins with the employee organization submitting an initial collective bargaining proposal prior to the end of the agreement.  The Rodda Act also requires that a public hearing take place to provide for public comment on the initial proposal from the employee organization.

The initial proposal from the California School Employees Association, Chapter #82, for a successor agreement with the Fullerton Joint Union High School District is provided for information.

The negotiation process will begin in the very near future.

Background

In May 2014, in accordance with Government Code Section 53060, Business Services staff members solicited proposals from three legal firms that work with K-12 schools in California on public financings. The goal of the selection process was to identify one firm to work with the District on public financing of the capital facilities/bond program.

In June 2014, in accordance with Government Code Section 53060, Business Services staff members solicited proposals from two financial advisor firms that work with K-12 schools in California on public financings. The goal of the selection process was to identify one firm to work with the District on public financing of the capital facilities/bond program.

On June 24, 2014, the Board of Trustees approved Quint & Thimmig, LLP as legal counsel for the District’s public financings.

On July 15, 2014, the Board of Trustees approved Fieldman, Rolapp & Associates, Inc. as the financial advisor for the District.

The $17,420,000 Fullerton Joint Union High School District 2021 General Obligation Refunding Bonds are being issued by the Fullerton Joint Union High School District pursuant to Articles 9 and 11 of Chapter 3(commencing with section 53550) of Division 2 of Title 5 of the California Government Code and a resolution of the Board.  The bonds are being issued to (a) refund, on an advance basis, a portion of the District’s outstanding 2013 General Obligation Refunding Bonds, and (b) pay for costs of issuance of the Bonds.  The 2013 Bonds were issued to refund bonds issued by the District in 2005 to finance educational facilities.  The bonds will be issued as current interest bonds.

Legal Counsel has worked to prepare the documents necessary to execute the 2021 General Obligation Refunding Bonds financing. This includes, but is not limited to, Resolution 2020/21 #32 and the Preliminary Official Statement (POS).

Current Considerations

This agenda item seeks approval of Resolution 2020/21 #32 authorizing the issuance and sale of the District’s 2021 General Obligation Refunding Bonds. Approval of the resolution

is necessary in order to issue bonds and complete the financing. Key documents related to the District’s 2021 General Obligation Refunding Bonds are described below.

Resolution

Resolution 2020/21 #32 authorizes issuance of the District’s 2021 General Obligation Refunding Bonds and approves the form and authorizes execution of the various required documents, subject to certain parameters.

Preliminary Official Statement

The Preliminary Official Statement (POS) is the offering document describing the General Obligation Bonds, which may be distributed to prospective buyers. The POS discloses information with respect to, among other things, information about the District and its finances, the source of payment for the Bonds and other information required by investors to make an educated investment decision.

Summary of Documents

Resolution 2020/21 #32 Authorizing the Issuance and Sale of the District’s General Obligation Bonds is attached for Board Members’ review and consideration.

Documents related to this bond sale can be viewed at the District’s Web site on the Business Services Division page under the Board Agenda Attachments page.

A printed copy of the documents is also available for review at the Business Services office by contacting Joan Velasco, Assistant Superintendent, Business Services, at (714) 870-2810.

All costs associated with the financing are paid from bond proceeds.  There are no costs to the District’s General Fund associated with this financing. The cost of issuance shown below includes fees paid to the financial advisor, bond/disclosure counsel, ratings agencies, etc.

Estimated Financial Impact

Cost of Issuance:              $170,000.00

Underwriter’s Discount:    $174,200.00

Total                                  $344,200.00

Funding Source:               Bond Proceeds

It is recommended that Resolution 2020/21 #32 authorizing the issuance and sale of the District’s 2021 General Obligation Refunding Bonds be adopted, and that the Superintendent or designee be authorized to execute the necessary documents.

Background

Equipment, Materials, Supplies, and Repairs/Maintenance

Public Contract Code Section 20111 (a) provides that the governing board of any school district shall let any contracts involving an expenditure of more than $96,700 for any of the following:

1. The purchase of equipment, materials, or supplies to be furnished, sold, or leased to the district.

2. Services, except construction services.

3. Repairs, including maintenance as defined in Section 20115, that are not a public project as defined in subdivision (c) of Section 22002.

Contracts shall be let to the lowest responsive responsible bidder or else reject all bids.  Purchases of equipment, materials, supplies, services, and repairs/maintenance in amounts less than $96,700 need not be bid.

Utilization of a Piggyback or Master Contracts

The District requires technology equipment throughout the course of the school year and has purchased equipment from DI Technology Group Inc. over the past several years. As the needs of the District increase, it is necessary to have a competitive bid agreement in place as the need for technology equipment will surpass the $96,700 bid threshold. 

The California Department of General Services (DGS) utilizes the California Multiple Award Schedules (CMAS) to offer a wide variety of commodities, non-IT services and information technology products and services at prices which have been assessed to be fair, reasonable and competitive. Governmental agencies may utilize a CMAS agreement at any time without the need to competitively bid. The use of CMAS is optional and is available to state and local government agencies.

Current Considerations

This agenda item seeks approval of an agreement with DI Technology Group Inc., dba Data Impressions for the purchase of information technology goods and services through the following CMAS agreement:

Department of General Services 29

California Multiple Award Schedule (CMAS)

DI Technology Group, Inc., dba Data Impressions

CMAS Contract No. 3-19-70-0697W

CMAS Category: Information Technology Goods and Services

CMAS Contract Term: November 25, 2019 through September 26, 2024

Base GSA Schedule No. 47QTCA19D00MM

Utilization of this master agreement is determined to be in the best interest of the District as it allows the District to purchase competitively bid information technology goods and services under the same terms and conditions as the master agreements without going out to separate bids. 

Upon acceptance and approval of the master agreement with DI Technology Group, Inc., dba Data Impressions by the Board of Trustees, the District will execute the necessary authorization and issue the requisite purchase order(s).

The DI Technology Group, Inc., dba Data Impressions master agreement is attached for Board Members’ review and consideration.  A printed copy is also available for review at the Business Services office by contacting Edgar Manalo, Director of Purchasing, Contracts, Warehouse, & Food Services at (714) 870-2812 or via email emanalo@fjuhsd.org.

Staff members are requesting an ongoing annual cost of the master agreement with DI Technology Group, Inc., dba Data Impressions for the purchase of technology equipment goods and services to be upwards of $500,000 as the District installs, upgrades, and maintains various technologies throughout the District. Costs associated with this agreement will be paid out of various funding sources depending on the type of expenditure. Actual costs under this agreement will depend upon the quantity of products ordered.

Estimated Cost of Agreement :        $500,000 Annually

Funding Source:                              Various Sources

Contract Terms:                               November 25, 2019 through September 26, 2024

It is recommended that an agreement with DI Technology Group, Inc., dba Data Impressions for the purchase of information technology goods and services via California Multiple Award Schedule master agreement contract #3-19-70-0697W (EC 2020/21 #193) be approved and the Superintendent or designee be authorized to execute the necessary documents.

Background

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.

This agenda item seeks approval/ratification of the following school site agreement:

It is recommended that the agreements on behalf of District schools with various vendors for the purchase of goods and services (EC 2020/21 #191) be approved/ratified and that the Superintendent or designee be authorized to execute the necessary documents.

The District uses Alliance of Schools for Cooperative Insurance Programs (ASCIP), to design and implement cooperative self-insurance and risk management programs.   Due to changes in claim payment processing procedures, it is necessary to create a new district bank account. Farmers & Merchants Bank requires that new signature cards be created for the account to reflect authorized signers. Because Alliance of School Cooperative Insurance Programs (ASCIP), processes claims on behalf of the District, three of their employees will also be signers on the account along with District personnel.

Approval of the attached resolution will provide the necessary authorization from the Board of Trustees for Farmers & Merchants Bank to create the signature cards. The bank requires Board action in the form of a resolution for this type of account.

It is recommended that Resolution 2020/21 #34 authorizing approval of District administrative signatures for the Alliance of Schools for Cooperative Insurance Programs claims payment account be adopted, and that the Superintendent or designee be authorized to execute the necessary documents.

Background

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.

Current Consideration

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.

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 #33 for Transfer of Funds #10 is attached and recommended for approval.

Adoption by majority vote recommended.

In accordance with the law, Purchase Order Report 2020/21 #10 is recommended for approval. The report lists all purchase orders issued March 1, 2021 through April 4, 2021.

In accordance with the law, Warrant Listing Report 2020/21 #10 is recommended for approval.  The report includes all warrants issued March 1, 2021, through April 4, 2021.

Approval recommended.

The following gifts were donated to the District:

Kyle Ervin donated an alto saxophone in support of the Band Program at Buena Park High School.

Donors Choose donated a one-year subscription to www.study.com in support of the education of students at Buena Park High School.

Terry Smith donated an art projector and stand in support of the Coyote Academy of Visual and Performing Arts at Buena Park High School.

Mr. and Mrs. Maeda donated $200 in support of the French Club at Buena Park High School.

Eleanor Nunez donated music equipment, speakers, a PA system and electronic and musical instruments in support of the Music Program at Fullerton Union High School.

James Burke donated a Letterman Sweater in support of the Alumni Showcase at Fullerton Union High School. 

The Society for Science & the Public donated $2,000 in support of students in science, math, and engineering education at Troy High School.

The Sonora High School Baseball Booster Club donated $3,397.66 for the purchase of baseball backstop pads in support of the Sonora High School Baseball Program

The Sonora High School Baseball Booster Club donated $14,100 for the purchase of baseball field turf in support of the Sonora High School Baseball Program.

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 #12, 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 #12, which includes hiring, resignations, contract adjustments, and retirements for certificated and classified employees be ratified.

Background Information

Frontline Education software system offers school districts the ability to utilize their software suite for recruiting and hiring, absence and time, professional growth, student information systems, special education and Medicaid reimbursement, school health management, payroll, benefits and financial management. Currently, the District is one of three Orange County school districts not using the Frontline software for one or more of the aforementioned features. 

The District will replace SmartFind Express, the current substitute teacher management system, with Frontline Education absence & substitute teacher management software.  This will improve the District’s process that manages certificated employee absences and substitute assignments. The Human Resources department anticipates that the switch to Frontline Education will make the District more competitive in its process of searching, hiring and consistently keeping substitute teachers by not burdening substitute teachers with additional software to manage.  Frontline Education will provide an update to the current substitute process by allowing the use of a much-requested application that will enable substitutes to accept and/or deny assignments with ease from an easy-to-use smartphone, tablet or computer application. The application would replace the need to dial in to a recorded number or the need to answer the automated phone calls offering assignments. Teachers will be able to request a substitute by accessing the user-friendly application from a smartphone, tablet or computer.

Financial Considerations

The Frontline Education software system will include a one time fee of $6,300 and annual recurring fees of $17,609.45. Additionally, there will be an initial term prorated fee of $3,521.89 to begin the implementation of the software during the 2020-21 school year. The fees will total $27,431.34 and will be paid using General Fund-01 funds.

The term of the agreement will begin April 19, 2021 and be effective through June 30, 2022.

It is recommended that an agreement with Frontline Education for absence and substitute teacher management system (EC 2020/21 #198) be approved, and that the Superintendent or designee be authorized to execute the necessary documents.

On October 6, 2020, the Board approved Agreement EC 2020/21 #126 with Congruent Lives Inc., to provide learning loss counseling services to District General and Special Education Students.  The original per-unit rate costs to cover the period from October 6, 2020, through June 30, 2022, totaled $260,000. It is necessary to amend Agreement EC 2020/21 #126 in the amount of $200,000, to cover the period of October 6, 2020, through June 30, 2022 to provide increased support to District students. The new total amended agreement dollar amount will not exceed $460,000.

Learning Loss Counseling Mitigation funds will be used to cover the cost of services and will not exceed $460,000.

The addition in increased support to District students increases the total cost of the agreement by $200,000, bringing the total agreement cost to $460,000, for the period from October 6, 2020, through June 30, 2022.  Contracts for future years will be initiated as prescribed by law.

It is recommended that an amendment to the agreement with Congruent Lives Inc., to provide learning loss counseling services to District General and Special Education students (EC 2020/21 #126) be ratified for the period of services October 6, 2020 through June 30, 2022, and that the Superintendent or designee is authorized to execute the agreement.

On June 2, 2020, the Board approved Agreement EC 2020/21 #15 with Continental Interpreting Services, Inc., to provide interpreting and translation services to District Special Education students.  The original per-unit rate costs to cover the period from July 1, 2020, through June 30, 2021, totaled $100,000. It is necessary to amend Agreement EC 2020/21 #15 in the amount of $50,000, due to the increase in the need for interpreting and translation services to District students and families for Districtwide meetings such as District Advisory Committee (DAC) meetings or large scale translation projects. The new total amended agreement amount will not exceed $150,000.

The addition in increased provision of interpreting and translation services to District students increases the total cost of the agreement by $50,000, bringing the total agreement cost to $150,000, for the period from July 1, 2020, through June 30, 2021.  Contracts for future years will be initiated as prescribed by law.

It is recommended that an amendment to the consultant agreement with Continental Interpreting Services, Inc., to provide interpreting and translation services (EC 2020/21 #15) be ratified for the period of service from July 1, 2020 to June 30, 2021, in an amount not to exceed $150,000, including all expenses such as mileage, meals, parking, transportation, lodging, and materials, and that the Superintendent or designee be authorized to execute the agreement.

The District participates in a billing program designed to recover costs associated with providing services to District students.  The School-based Medi-Cal Administrative Activities (SMAA) are administrative activities necessary for the proper and efficient administration of the Medi-Cal program.  Medi-Cal funds are reimbursable to Districts that provide management of transportation for students with medical needs, nursing services, speech/language services, psychological services, occupational therapy services, and physical therapy services.

The District currently participates in a consortium through the Orange County Department of Education (OCDE).  This allows the District to pull resources with the other participating districts, which results in maximizing each  district’s billing potential while minimizing the costs of participation fees. OCDE has prepared a written agreement outlining the District’s participation in the consortium for the 2020/21 school year as well as establishing a fee schedule for the new fiscal year.

It is recommended that a participation agreement with the Orange County Superintendent Schools for School-Based Medi-Cal Administrative Activities for the 2021/22 fiscal year (EC 2021/22 #3) be approved, and that the Superintendent or designee be authorized to execute the necessary documents.

Arrangements have been made with Richard Furbush, MS OTR/L, located in Aliso Viejo, California, to provide an occupational therapy assessment service, Independent Educational Evaluation (IEE) for one District special education student residing in the District pursuant to Federal law provisions for a parent to request an IEE at District expense if the parent(s) disagree with District assessments.

Richard Furbush’s specialization is occupational therapist (pediatrics). Occupational therapists provide services to infants, toddlers and children who have or who are at risk for developmental delays or disabilities. Occupational therapy is concerned with a child's ability to participate in daily life activities or occupations. Occupational therapists use their unique expertise to help children with social-emotional, physical, cognitive, communication, and adaptive behavioral challenges and to help children to be prepared for and perform important learning and school-related activities and to fulfill their rule as students. Through an understanding of the impact of disability, illness, and impairment on a child's development, plan, ability to learn new skills, and overall occupational performance, occupational therapists design interventions that promote healthy development, establish needed skills, and/or modify environments, all in support of participation in daily activities.

The agreement will not exceed $10,000, and covers the period of service from April 5, 2021, through June 30, 2022.

It is recommended that an agreement with Richard Furbush, MS OTR/L to provide an occupational therapy assessment service, Independent Educational Evaluation for a District special education student (EC 2020/21 #199) be ratified for the period of service from April 5, 2021, to June 30, 2022, in an amount not to exceed $10,000, 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 separate agreements 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 school.  Speech and Language Development Center, located in Buena Park, California, will serve as the nonpublic nonsectarian school.

The amended agreement totals  $55,761, and covers the period from February 16, 2021, to June 30, 2021.

It is recommended that the amendment to the agreement with Speech and Language Development Center, a nonpublic nonsectarian school, to provide special education services    (EC 2020/21 #182) be ratified at the per-unit rate cost for the dates indicated for a total cost of $55,761, and that the Superintendent or designee be authorized to execute the agreement.

On February 9, 2021, the Board of Trustees gave authorization to bid the District Transportation Center remodel phase II. Advertisements were placed in the Orange County Register on February 18 and February 25, 2021 and seven bids were received on April 1, 2021. This Board agenda item recommends approval of an agreement with A2Z Construct, Inc.

A2Z Construct, Inc. submitted the lowest responsive and responsible base bid of $270,000.00. Reference checks verified that the selected bidder is both responsive and responsible.

Financial Impact: $270,000

Funding Source: General Fund

On February 9, 2021, the Board of Trustees gave authorization to bid the new aquatics facility at La Habra High School. Advertisements were placed in the Orange County Register on March 11 and March 18, 2021 and fourteen bids were received on April 6, 2021. This Board agenda item recommends approval of an agreement with United Construction and Landscape, Inc.

United Construction and Landscape, Inc. submitted the lowest responsive and responsible base bid of $6,487,000. Reference checks verified that the selected bidder is both responsive and responsible.

Financial Impact: $6,487,000.00

Funding Source: Fund 28/29- General Obligation Bond

On June 2, 2020, the Board of Trustees gave authorization to bid deferred maintenance projects. Advertisements were placed in the Orange County Register on March 4 and March 11, 2021 and six bids were received on March 30, 2021. This Board agenda item recommends approval of an agreement with Universal Asphalt Co., Inc.

Financial Impact: $1,294,000 Combined Bids

Funding Source: Deferred Maintenance

On March 7, 2017, the Board of Trustees gave authorization to bid the science classroom modernization districtwide. Advertisements were placed in the Orange County Register on March 23 and March 30, 2021 and five bids were received on April 8, 2021. This Board agenda item recommends approval of an agreement with New Dynasty Construction Co.

New Dynasty Construction Co. submitted the lowest responsive and responsible base bid of $1,715,000. Reference checks verified that the selected bidder is both responsive and responsible.

Financial Impact: $1,715,000

Funding Source: Fund 27/28-General Obligation Bond

It is recommended that an agreement with New Dynasty Construction Co. for the Fullerton Union High School Science Classroom Modernization Project, Bid #04-116385 (EC 2020/21 #197) be approved, and that the Superintendent or designee be authorized to execute the necessary documents.