• Property: 1707 4^th Street, Santa Monica, CA
• Agency Negotiator: Dr. Ben Drati 
• Parties: Santa Monica-Malibu Unified School District (SMMUSD), PCA I, L.P.
• Under Negotiation: Price and terms of payment

• DN-1003-18/19 (Special Education)
• DN-1004-18/19 (Special Education)
• DN-1005-18/19 (Special Education)

Title: Superintendent

• Agency Designated Representative: Dr. Ben Drati
• Employee Organizations: SEIU

• Agency Designated Representative: Dr. Ben Drati
• Employee Organizations: SMMCTA

• Agency Designated Representative: Dr. Ben Drati
• Employee Organizations: Unrepresented management group  

• Agency Designated Representative: Board President
• Unrepresented Employee: Superintendent

It is recommended that the Board of Education approve the August 16, 2018, regular meeting agenda.

It is recommended that the Board of Education approve the regular meeting minutes for July 19, 2018. 

It is recommended that the Board of Education approve the August 9, 2018, special meeting minutes.

It is recommended that the Board of Education enter into an agreement with the following Independent Contractors. 

• Contractor: Sara Wicht                                                                      
• Dates: 08/01/18-06/30/19
• Amount not to exceed: $14,500.00
• Description: To provide four in-person professional development workshops for SMMUSD staff to equip them with the language and tools to integrate the social justice standards of identity, diversity, justice and action into teaching and learning.
• Site: Educational Services
• Funding: 01-00030-0-11100-10000-5802-030-1300

• Contractor: UCLA Science Project
• Dates: 08/20/18-06/12/19
• Amount not to exceed: $ 47,800.00
• Description: Transitioning into the Next Generation Science Standards (NGSS- TK-8): UCLA professional development providers will partner with SMMUSD to build internal capacity to support teachers in transitioning to the NGSS. Teachers will develop and understanding on how to integrate science across disciplines. Teachers will focsus on the integration of the Science and Engineering Practices (SEP) across TK-8 to prepare students for 9-12.
• Site: Educational Services
• Funding:  01-00030-0-11100-10000-5802-030-1300

• Contractor: Stone, Michael D.
• Dates: 08/20/18
• Amount not to exceed: $750.00
• Description: Facilitator Michael Stone will lead the Santa Monica High School Visual and Performing Arts Team in professional learning activities to identify best practices and opportunities for the future for their Visual and Performing Arts Team. Activities will include a SWOC (i.e., Strengths, Weaknesses, Opportunities, and Challenges) Analysis which will provide teacher-generated goals for the future. The presenter will provide information on curriculum, assessment, and strategies for parent engagement.
• Site: Educational Services
• Funding: 01-00001-0-17150-10000-5802-030-1300

• Contractor: Educational Coaching Consultancy/Alan Friedenberg
• Dates: 08/13/18-12/21/18
• Amount not to exceed: $34,853.00
• Description: Additional Administrative Services at Cabrillo and Pt Dume Elementary Schools
• Site: Human Resources
• Funding: 01-00000-0-11100-27000-5802-019-1501

• Contractor: Phillip Cott
• Dates: 08/13/18-12/21/18
• Amount not to exceed: $35,289.00
• Description: Additional Administrative Services at Cabrillo and Pt Dume Elementary Schools
• Site: Human Resources
• Funding: 01-00000-0-11100-27000-5802-019-1501

• Contractor: Orbach Huff & Suarez
• Dates: 07/01/18-06/30/19
• Amount not to exceed: hourly amount $295/hour (partners), $275/hour (associates), $175/hour (paralegals), $55/hour (clerks)
• Description: General legal counsel services-Facility Issues other than Bond
• Site: Business Services
• Funding:01-00000-0-00000-73000-5802-050-1500
• (Amend contract date. Original contract approved 11/21/13)

• Contractor: Allan D. Kotin & Associates
• Dates: 09/01/18-08/30/19
• Amount not to exceed: hourly amount-$225 (Allan Kotin), $160/hour (Faith Backus), $100/hour (Emily Hsiung)
• Description: Doubletree Hotel Ground Lease Administration/Negotiation
• Site: Business Services
• Funding: 01-00000-0-00000-73000-5802-050-1500
• (Amend contract date. Original contract approved: 10/16/14)

• Contractor: InnovateEd LLC
• Dates: 08/01/17-06/30/18
• Amount not to exceed:$144,000.00 $153,000.00
• Description:  To further develop district-wide capacity to implement a coherent instructional program aligned with the goals of the district strategic plan.
• Site: Educational Services
• Funding: 01-00000-0-11100-21400-5802-030-1300
• (Amend amount not to exceed. Original contract approved 06/29/17)

• Contractor: Reading & Writing Project
• Dates: 09/01/18-06/01/19
• Amount not to exceed: $42,000.00
• Description: Senior Staff Developer will conduct professional development as part of Roosevelt being a Columbia Reading and Writing Project Pilot School
• Site: Roosevelt Elementary
• Funding: 01-00021-0-11100-10000-5802-007-4070

 These contracts are included in the 2018-19 budget. 

It is recommended that the Board of Education approve/ratify the attached Requests for Absence on District Business (Conference and Travel) forms.

The average cost for substitute teachers is $183/day. This figure is furnished for informational purposes and does not reflect the actual amount paid for an individual substitute.

It is recommended that the supplemental textbooks listed below be adopted for the Santa Monica-Malibu Unified School District.   

In accordance with the Board of Education policy, the supplemental textbooks listed below have been on display for at least two weeks in the Educational Services Department at 1630 17th Street, Santa Monica, CA 90404.

• Between the World and Me, by Te-Nehisi Coates, for 12^th grade African American Literature Course at Santa Monica High School.  Adoption requested by teacher Nathan Fulcher.
• Homegoing, by Yaa Gyasi, for 12^th grade African American Literature Course at Santa Monica High School.  Adoption requested by teacher Nathan Fulcher.

It is recommended that the Board of Education approve the attached Special Education contracts for fiscal year 2018/2019.

According to the Education Code SEC.21 Section 56342, prior to recommending a new or continued placement in a non-public, non-sectarian school, the individualized Education Program (IEP) Team must submit the proposed recommendation to the local governing board for its review and recommendation regarding the cost of such placement.

The recommendations for thee severely handicapped students are made by the District IEP Teams in accordance with State and Federal laws.  The mandates of IDEA require non-public school services be provided at no expense to parents if there is not an appropriate public school program available.  Funding to come from a SELPA-wide non-public school/non-public agency reserve account.

It is recommended that the Board of Education approve the following Purchase Orders and Changed Purchase Orders from July 10, 2018, through August 8, 2018, for fiscal/18. 

It is recommended that the Board of Education approve the following Purchase Orders and Changed Purchase Orders from July 10, 2018, through August 8, 2018, for fiscal/19. 

It is recommended that the Board of Education accept, with gratitude, checks totaling $1,340.00 presented to the Santa Monica-Malibu Unified School District.

It is further recommended that the Fiscal/Business Services Office, in accordance with Educational Code §42602, be authorized to increase the 2018-2019 income and appropriations by $1,340.00 as described on the attached listing.

This report details only cash gifts.  It includes all contributions made by individuals or companies and some of the contributions made by our PTA’s.  Contributions made by a PTA in the form of a commitment and then billed are reported in a different resource.  A final report that compiles all gift and PTA contributions is prepared and available annually.

COMMENT: The value of all non-cash gifts has been determined by the donors.

NOTE: The list of gifts is available on the District’s website, www.smmusd.org.

It is recommended that the Board of Education approve the following charges for the Financial Oversight Committee (FOC).

The Board of Education convened a joint session with members of the Financial Oversight Committee on July 19, 2018.  During that joint meeting, the FOC presented proposed charges for 2018-19.  The board agreed to bring these charges back for approval, with the understanding that the FOC, working to support the Assistant Superintendent for Business and Fiscal Services, will incorporate board members' comments from the July 19 study session regarding budget recommendations and sustainability efforts.

1. District Budget - This subcommittee will continue to participate in the District Budget discussions and analysis.
2. Financial Benefits of Sustainability - This subcommittee will continue its work in identifying financial benefits associated with sustainability efforts.
3. Bond Oversight - This subcommittee will continue to be involved in evaluating and assisting with District financing issues.
4. Special Education Local Plan Area - This subcommittee will evaluate other Special Education Local Plan Area (SELPA) models and then look at the potential of creating our own District model, strictly from a financial perspective, in that the committee will not be evaluating the efficacy of any of the district programs.

As appropriate, the FOC will report their findings and/or recommendations to the Board in a joint meeting/study session in July 2019. 

The Board subcommittee supports the Financial Oversight Committee (FOC) recommendation that the Board of Education approve the appointment of Ms. Payal Maniar to fill the vacancy on the FOC for term commencing August 16, 2018, through June 30, 2021.

At the August 1, 2018, FOC special meeting, the committee unanimously passed a motion to recommend Ms. Payal Maniar to the Board for consideration of appointment to the FOC for term commencing August 16, 2018, through June 30, 2021.  

The committee membership are as follows:

Term Ends 6/30/19

• Seth Jacobson, Joan Krenik, Tom Larmore, Marc Levis-Fitzgerald

Term Ends 6/30/20

• Michael Kremer, Shawn Landres, Debbie Mulvaney, Shelly Slaugh Nahass

Term Ends 6/30/21

• Alex Farivar, Gordon Lee, Payal Maniar

It is recommended that the Board of Education Award Musical Instrument Repair, Quote #2016.01 to Los Angeles Violin Shop for string instrument repair and to Santa Monica Music Center for all other instrument repairs. 

This award of contract was approved at the June 28, 2018, board meeting, but incorrectly listed as year three of five.  The 2018-19 school year is actually year four of five for this contract. 

It is recommended that the Board of Education award FRP# 16.08 - for Districtwide Vending Machine to First Class Vending. 

This award of contract was approved at the June 28, 2018, board meeting, but incorrectly listed as year three of five.  The 2018-19 school year is actually year four of five for this contract.  

It is recommended that the Board of Education award Hewlett-Packard care of Intelli-tech the contract for the purchase of Hewlett-Packard (HP) PC computer products (Chromebooks, carts, services, and related components) using HP NASPO contract # MNNVP-133, in an amount not to exceed $260,962.80.

Funding Information:

• Budgeted: Yes
• Fund: 50
• Source: Measure GSH
• Account Number: 01-00050-0-19100-10000-4320-030-1300

Studies Textbook Pilots during the Fall of 2018.   A total of 560 chromebooks in 14 carts will be ordered. 

It is recommended that the Board of Education adopt the National IPA University of California Systems  Contract #2018.000208 for maintenance parts and supply items for the M&O department to procure under the UC system cooperative agreement. 

SMMUSD departments shall procure items as needed at discounted rates for savings during the extensive facility upgrades undertaken District wide.

This is an annual renewable contract for participation in the discounted pricing with no required minimums and no long-term contract. M&O shall only procure items as needed at discounted rates. 

It is recommended that the Board of Education award Baker Electric: Prop 39 for the retrofit lighting throughout the district in an amount not to exceed $3,255,474.12, which includes a 10% contingency to be used by the District at its discretion.

The District has given Baker Electric a new direction of retrofitting, where possible new lights from lamps to LED, which will save the district monies and energy because of the efficiency of the LED retrofits. The new budget will also address the Dark Sky Initiative.  The board has already approved Baker Electric for this initial project in the amount of $2,177,237.45 (4/12/18, Item No. VIII.C.4). 

Funding Information:

• Budgeted: Yes
• Fund: Prop 39
• Source : Prop 39
• Account Number: 40-62300-0-00000-82000-5890-061-2602
• Budget Category: Prop 39 Energy Conservation

Staff believes this would be the best time to leverage off of the Proposition 39 funding/grant that the District has received from the CEC to install occupancy controls, dimmers and install retrofit kits districtwide to reduce electrical consumption and energy costs. Additionally, this will eliminate the need to replace 31,755 fluorescent lamps districtwide. Furthermore, new LED retrofit kits and LED lamps will also provide a new warranty period (5 years minimum) for Districtwide lighting, thereby reducing lamp replacement and costs annually. This alternate bid with will also address replacing the existing exterior light fixtures for our Malibu schools to be compliant with the Dark Skies ordinance adopted in The City of Malibu. 

• Original Base Bid plus contingency: $2,177,237.45 (board approved 4/12/18)
• Revised Bid plus contingency: $3,255,474.12
• Prop 39 Funding for Bid: $1,992,865.00
• District Funding for Bid: $1,262,609.12
  

It is recommended that the Board of Education enter into an agreement with the following Independent Contractors for Measure BB & ES Projects.  

• Contractor: Stacy Miller Public Affairs, Inc.
• Dates: 7/31/18 – 8/31/18
• Account not to exceed: $6,500.00
• Description: Communication Consulting Services
• Site: Measure BB & Measure ES
• Funding: 83-90500-0-00000-85000-5802-050-2600 (25% BB); 86-90100-0-00000-85000-5802-050-2600 (75% ES)

These contracts are included in the 2017-2018 budget. 

It is recommended that the Board of Education award the installation of audio visual library technologies including projection systems, audio enhancement speakers, A/V controllers, and electrical upgrades to libraries in district schools in an amount not to exceed $215,239.59, piggybacking Bakersfield City School District Bid BD 1507-1.

Library technology standards where developed by the Librarian Group Subcommittee of the District Technology Team in the Fall of 2014.  Installations are needed to support Library Instructional spaces and to bring equitable audio visual technologies to all libraries.   Each installation will include interactive projection system and audio amplification including teacher and student microphones.

Funding Information

• Budgeted: Yes                
• Fund: 84       
• Source: Measure ES
• Account Number: 86-90903-0-00000-85000-6200-030-1300

School district governing boards have the authority to “piggyback” on another public agency’s bid per public contract code section 20118 and 20652 when it is determined to be in the “best interest of the district”.  It is often advantageous for district to utilize piggyback bids when contract items are identical to the districts specifications.  Using piggyback contracts saves time and money, and they often provide lower prices than a single jurisdiction would be able to obtain.

The Board of Education approved the budget for Measure ES-2 Technology purchases during the Board meeting of August 28, 2014 (Item S.01). This purchase will utilize a portion of the 21^st Century Classrooms allocation.

It is recommended that the Board of Education authorize extension of the District to use the Savanna School District piggyback contract awarded to Elite Modular Leasing & Sales, Inc., to purchase, lease, relocate, dismantle and removal of DSA approved portable buildings and appropriate series specified under Project Bid #: SSPS, #40-90/2016-17 valid from January 17, 2018, and extended through January 17, 2019.

The piggyback bid allows for the purchase, leasing, relocation, dismantling, and removal of Division of the State Architect (DSA) approved portable buildings.  By using the contract, it will allow District projects to be completed in as expeditious manner as possible. By using the direct pricing structure in the contract, it eliminates going through a General Contractor who would mark-up the products and services, charging retail pricing instead of the Federal contract rates, thus saving the District considerable money.

All orders using the contract must comply with the piggyback contract clauses, Davis-Bacon and Federal Acquisition Regulations (FAR).

The Los Angeles County Department of Education allows Districts to utilize piggyback bids with no restrictions other than standard Public Works contracting requirements.

It is recommended that the Board of Education approve a contract with Elite Modular to provide  interim housing at Point Dume Marine Science School for the Malibu Alignment Project in an amount not to exceed $1,157,820.65. 

The Board authorized use of the Savanna School District’s piggybackable bid awarded to Elite Modular during the 06/29/17 meeting. The DSA approved portable buildings and appropriate services are specified under Project Bid #SSPS, #40-09/2016-17 valid from January 17, 2017, extended through January 17, 2019.

The District requested that Elite modular provide a proposal to provide and install interim housing to accommodate additional classes and interim administration offices in order to facilitate the transition of students from Juan Cabrillo Elementary School to Pt Dume Marine Science School at the start of the 2019-2020 academic school year. These 7 elementary classrooms, 1 kindergarten classroom, administration office, and restrooms will be installed in the playground area south of the basketball courts and in the lawn area east of the current kindergarten classrooms and will be used for about 4-5 years.

The proposal included leasing of seven 24’x40’ classrooms, one 36’x40’ kindergarten classroom, one 36’x40’ administration office building, and one 12’x40’ restroom building. The costs for the total lease are as follows:

• First year, rental, improvements, delivery, crane & installation: $457,287.33
• Rental only per year at $57,800 total for years 2 to 5: $149,233.33
• Dismantle, crane & return (payable when buildings are returned): $103,600.00 
• Overall Total: $1,157,820.65

Funding Information

• Budgeted: Yes
• Fund: 85
• Source: Measure ES
• Account Number: 85-90909-0-00000-85000-5630-019-2600
• Budget Category: Hard Costs \ Construction Contracts\ Modulars

It is recommended that the Board of Education approve Change Order #03 with Ampco Contracting for the Santa Monica High School – Demolition of Science and Technology Buildings, in the total amount of $63,303.02 for a total contract amount $4,447,486.45 with 11 days impact to the schedule.

On May 3, 2018 the Board awarded to Ampco Contracting, the demolition and grading contract for the Science and Technology Buildings as the first phase of the preparation for the construction of the new Discovery Building, in the amount of $3,954,000.00.

The following additional unforeseen conditions were encountered:

• Proposed alignment of utility services were found to have conflicts, which required relocation, which in turn required the removal of 3 sycamore trees. It was decided that the trees could be saved and so were temporarily relocated.
• The high voltage breakers for the new electrical service to the campus installed with the Innovation Building required relocating to align with existing conduits. This will be done and the breakers tested at the same time
• A considerable amount of chemical and other hazardous materials was left in the Science and Technologies building, which required controlled disposal
• An area outside the project limits, identified for the storage of temporarily relocated trees required clearing
• Fire watch during the electrical shut down to change the power source from the new transformer

Funding Information

• Budgeted: Yes
• Fund: 85
• Source: Measure ES
• Account Number: 85-90904-0-00000-85000-6200-015-2600
• Budget Category: Hard Costs \ Construction Contracts

• COR 04: Temporarily relocate 3 Sycamore trees for utility installation: $9,187.50
• COR 06: Relocate and test high voltage circuit breakers: $8,265.60
• COR 07: Removal and disposal of chemical and haz materials and e-waste: $42,310.46
• COR 08: Clearing of area outside work limits for storage of trees: $1,729.89
• COR 09: Fire Watch for Electrical Shutdown: $1,809.02                    
• Total Cost: $63,303.02

It is recommended that the Board of Education award an agreement for Architectural Campus Planning Design Services for the Malibu Middle School and High School Campuses Project to LPA Architects in an amount not to exceed $394,000.

The A/E RFQ/P for Malibu Middle School and High School – Campus Planning Design Services was issued on May 24, 2018. Forty-one (41) firms received the RFQ/P. Statements of Qualifications were due June 26, 2018. Ten (10) statement of qualifications (SOQs) were received, but three (3) neglected to include mandatory language regarding conflicts of interest and were not considered.  The seven (7) remaining firms were:

1. HMC Architects
2. HGA/CFW
3. Little
4. Gkkworks/Cannon Design
5. Johnson Favaro Architecture
6. SVA Architects, Inc.
7. LPA

Staff, with input from an FDAC-M member, reviewed the qualifications and shortlisted three (3) firms for interviews. Interviews were conducted Tuesday, June 24, 2018, with HMC Architects, Little, and LPA.

The selection committee ranked all interviewed firms and unanimously ranked LPA as the top firm. Staff reviewed this recommendation with certain members of the FDAC-M, who expressed approval. The three firms submitted the following cost proposals: LPA at $394,000; HMC at $590,560; and Little at $705,413. 

Funding Information

• Budgeted: Yes
• Fund: 85
• Source: ES
• Account Number: 85-90904-0-00000-85000-5802-015-2600
• Description: A/E Design Services

On March 15, 2018, the Board of Education approved issuance of a project assignment agreement to Vanir Construction Management for the management of WPFD projects at Franklin and McKinley through September 2018.  The projects have been expanded by splitting them over two summers and adding HVAC.  The District requested that Vanir provide a proposal to keep the assigned construction manager on site through anticipated completion in August 2019.  Vanir has provided this proposal in the amount of $352,589.

The proposal is based upon hourly billing rates, as approved in the Master Service Agreement on April 20, 2017, for the services required throughout the expected duration of the work, and monthly invoicing will be submitted for actual hours worked in the previous month.  Funding for construction management services will come from Measure ES.

Funding Information

• Budgeted: Yes
• Fund: 85
• Source: ES  
• Account Number: 85-90905-0-00000-85000-5802-002-2600 Franklin ($176,294.50); 85-90905-0-00000-85000-5802-004-2600 McKinley ($176,294.50)                         
• Description: Construction Management

MEASURE ES FUNDING:

• Original Contract Amount: $194,299.00
• Contract Amendment #01: $352,589.00            
• TOTAL CONTRACT AMOUNT: $546,888.00

It is recommended that the Board of Education approve Contract Amendment #10 with Psomas to perform a nesting bird survey, in compliance with requirements of the Migratory Bird Treaty Act, for the Santa Monica High School - Discovery Building Project, in an amount not to exceed $2,962.00 for a total contract amount of $82,962.00. 

In compliance with the Migratory Bird Treaty Act, the District will contract with Psomas to provide Avian Monitoring for demolition of the Science and Technology Buildings.

Psomas has provided a proposal to do the work associated with this legal requirement for a total cost of $2,962.

Funding Information

• Budgeted: Yes
• Fund: 85
• Source: ES
• Account Number: 85-90904-0-00000-85000-5802-015-2600
• Budget Category: Soft Costs/Surveys & Engineering

MEASURE ES FUNDING:

• Original Contract Amount - Samohi – Sealy Field: $5,500.00
• Contract Amendment #01 - JAMS - Complex, Addt’l Survey: $16,500.00
• Contract Amendment #02 - Samohi - Addt’l Survey: $4,500.00
• Contract Amendment #03 - Samohi – Addt’l Survey for New Blg: $11,500.00
• Contract Amendment #04 – JAMS – Field Replacement: $7,500.00
• Contract Amendment #05 - Samohi – Addt’l Survey for Discovery Blg: $10,000.00
• Contract Amendment #06 - Samohi – Vacation and Recording Easements: $32,000.00
• Contract Amendment #07 – Rogers – Church Property Survey: $13,035.00
• Contract Amendment #08 – Pt Dume – Topographic Survey: $28,000.00
• Contract Amendment #09 – JAMS – Utility Mapping: $9,740.00
• Contract Amendment #10 – Samohi – Bird Nesting Survey: $2,962.00  
• TOTAL CONTRACT AMOUNT: $141,237.00

It is recommended that the Board of Education approve Contract Amendment #02 with Rick Engineering Company for Edison Language Academy – New Construction Project in an amount not to exceed $1,500 for a total revised contract amount of $14,175.

Rick Engineering Company will provide professional services associated with compliance assistance for the Storm Water Pollution Prevention Plan (SWPPP) for the Edison Language Academy New Construction Project. Compliance assistance includes the proper closing of Application ID WDID 4 19C361452. This includes the preparation and filing of the Notice of Termination and Annual Report for compliance period July 1, 2017 through Notice of Termination filing date.  In order to submit a Notice of Termination (NOT), a long term inspection and maintenance plan must be uploaded on SMARTS to address the long term maintenance of these facilities. Rick Engineering will include a narrative on the SWPPP exhibits the status of the BMPs.

Funding Information

• Budgeted: Yes
• Fund: 83-90500-0-00000-85000-5802-001-2600
• Source: Measure BB
• Budget Category: Soft Costs / Design / Consultant / Engineering

• ORIGINAL CONTRACT AMOUNT – Samohi - Sci. & Tech.: $7,400
• CONTRACT AMENDMENT #01 – Edison - New Const.: $5,275
• CONTRACT AMENDMENT #02 – Edison - New Const.: $1,500 
• TOTAL CONTRACT AMOUNT: $14,175

It is recommended that the Board of Education approve Contract Amendment #07 with Orbach, Huff, Suarez & Henderson LLP for Lincoln Middle School - Field Replacement Project and JAMS - PAC Legal Services, in an amount not to exceed $30,000, for a total contract amount of $1,030,000.

Concerns about the Lincoln Field Replacement Project have necessitated additional legal services in anticipation of claims.  Many of the outstanding issues have been resolved, but additional funding is necessary as staff closes out the project.  The District requested that OHSH provide a proposal for legal services related to anticipated claims on the Lincoln Field Replacement Project.  The proposal is based on time and materials for a not to exceed amount of $10,000. 

In addition, as the time for the JAMS Performing Arts Center nears, staff requires additional legal assistance to develop the Lease-Leaseback bidding documents and to prepare the project for implementation.  The District requested that OHSH provide a proposal for legal services related to JAMS PAC.  The proposal is based on time and materials for a not to exceed amount of $20,000.

Funding Information

• Budgeted: Yes
• Fund: 85
• Source: ES
• Account Number: 85-90908-0-00000-85000-5820-012-2600 (Lincoln-$10,000.); 85-90908-0-00000-85000-5820-011-2600 (JAMS PAC-$20,000.)
• Description: Legal Services

• ORIGINAL CONTRACT AMOUNT - legal services: $25,000.00
• CONTRACT AMENDMENT #01 - legal services: $50,000.00
• CONTRACT AMENDMENT #02 - Samohi Campus Plan, Lincoln Field: $160,000.00
• CONTRACT AMENDMENT #03 - general legal services, MMHS Bldg E, JAMS Aud: $290,000.00
• CONTRACT AMENDMENT #04 - gen services, Malibu Lighting, Samohi gen & Civic: $300,000.00
• CONTRACT AMENDMENT #05 - gen services: $150,000.00
• CONTRACT AMENDMENT #06 - Lincoln Field: $25,000.00
• CONTRACT AMENDMENT #07 - Lincoln and JAMS PAC: $30,000.00  
• TOTAL CONTRACT AMOUNT: $1,030,000.00

It is recommended that the Board of Education accept as completed all construction work under the contract issued to FieldTurf USA, Inc. for the Lincoln Middle School – Field & Track Replacement Project (DSA 03-117787) with a final contract amount of $903,919.85.

At the May 4, 2017 Board of Education Meeting, a contract was awarded to FieldTurf USA, Inc.  in the amount of $894,223.00.  One change order for $9,696.85 was subsequently approved and increased the contract amount to $903,919.85.

All scope of work items have now been completed.  On May 15, 2018, a Certificate of Substantial Completion was issued to FieldTurf USA, Inc.  A punch list specifying items to be corrected and/or documents to be submitted within 30 days of Substantial Completion was provided to the Contractor.  All items listed on the punch list have been completed and documents submitted.  In compliance with statutory requirements, a Notice of Completion has been recorded with the County of Los Angeles.

Funding Information

• Budgeted:Yes
• Fund: 85
• Source: Measure ES
• Account Number: 85-90908-0-00000-85000-6200-012-2600
• Budget Category: Building and Building Improvement
• DSA #: 03-117787

It is recommended that the Board of Education (“Board”) adopt Resolution No. 18-03 to exempt the Santa Monica High School Campus Plan (“Project”) from the City of Santa Monica Zoning Code.  

The Santa Monica-Malibu Unified School District (“District”) developed the Santa Monica High School Campus Plan (“Project”) located at 601 Pico Blvd., Santa Monica, CA 90405, to establish an overall campus layout of all facilities for the future redevelopment and renovation of the campus.  As part of the Project, the District has determined that the Blue Concept Plan would be the proposed project. The Blue Concept Plan includes the demolition of approximately 302,704 square feet of buildings and development of approximately 341,436 square feet of new buildings and 545,226 square feet of new parking and athletic fields, which would be implemented in nine phases over a 25-year planning horizon.

Phases 1 and 2 would occur concurrently and consist of construction of a new, five-level classroom building, 50-meter pool, Distribution Center and loading dock, and 192 parking spaces; and improvements to utilities. 

Phase 3 would consist of demolition of the History Building, Drake Pool Building, South Gym and cafeteria; construction of a new, three-level classroom and Administrative Building, a new, two-level gym and classroom building; and improvements to utilities.   Phase 4 would consist of demolition of the Language Building, construction of a new, four-level classroom building with a semi-subterranean parking structure, and improvements to utilities.

Phase 5 would consist of demolition of the Art Building and Business Building; renovation and expansion of the English Building; construction of a new, two-level building; and improvements to utilities.  Phase 6 would consist of demolition of the Administration Building; construction of a new, two-level classroom building; and improvements to utilities.

Phase 7 would consist of reconstruction of the Greek Amphitheater; demolition of the Music Building and North Gym; construction of a new, three-level gym; and improvements to utilities. Phase 8 would consist of demolition and relocation of the athletic fields; construction of a surface parking lot; and improvements to utilities.  Phase 9 would consist of the demolition of temporary facilities and construction of a new sports stadium and a semi-subterranean parking structure.

Per Government Code section 53094, the California Legislature has authorized school districts to exempt themselves from local zoning codes for educational facilities.  Since the City of Santa Monica has an adopted General Plan and its zoning code provides for the location of public schools, per Government Code section 53094(b), the District must adopt a resolution by a two-thirds’ vote of the Board members to exempt the Project from the City’s zoning code, which includes Santa Monica’s General Plan.

Section 53094’s requirement for compliance with Government Code section 65352.2 and Public Resources Code section 21151.2 is not applicable here since the Project is not a new school site or an expansion of an existing school site, as the Project is entirely contained within the school’s existing campus.

Unless exempted from the City’s zoning ordinances, the Project would be subject to undue delay, unreasonable requirements, or denial by the City of approvals under the City’s zoning ordinances that would likely significantly hamper, interfere with, or jeopardize the viability of the Project. 

If Resolution No. 18-03 is adopted, Government Code section 53094(c) requires the Board to notify the City of Santa Monica within ten (10) days of adoption.  Thus, staff requests the Board to direct the Assistant Superintendent to give such notice to the City of Santa Monica.

It is recommended that the Board of Education approve Amendment #1 to the Project Labor Agreement negotiated with the Los Angeles/Orange County Building and Construction Trades Council.

On March 2, 2017, after lengthy negotiation, SMMUSD entered into a Project Labor Agreement (PLA) which identified the following projects within the scope of the agreement: Malibu Middle and High School Library/Administration Building; Malibu Middle and High School Building E Replacement; and John Adams Middle School Performing Arts Complex.  Section 23.1 (a) of that agreement permitted the District to add additional projects to the agreement, with the consent of the other parties, at its sole discretion and upon consideration of compliance with provisions pertaining to Local Residents, Local Businesses, and Apprentices.

Since that time, the Malibu Middle and High School Library/Administration Building and Building E Replacement projects have been consolidated into one contract and have commenced construction under the PLA.  The District will soon undertake construction of the Discovery Building project at Samohi.  Staff recommends that the Board elect to add the Discovery Building to the PLA and has requested that counsel prepare an amendment to the PLA adding new construction of the Discovery Building.

Counsel prepared the requested amendment, which adds the construction of the Samohi Discovery Building to Attachment “E” of the PLA (which identifies projects covered by the PLA) and makes no further modifications to the agreement.  Upon review by the Superintendent, counsel sent the draft amendment to the Trades Council for review and consent.  The Trades Council has reviewed the amendment and has indicated its consent.

It is recommended that the Board of Education approve Contract Amendment #07 with Massetti Consulting, LLC to extend the ongoing Program Management Services Agreement – Program Wide in an amount not to exceed $4,900,660 including reimbursable expenses in the amount of $25,000 and authorize staff to determine and implement a credit to previously authorized amendments in an amount of approximately $210,000.

The Board of Education approved the agreement with Massetti Consulting, LLC on July 15, 2015, which included an initial duration of 3 years plus the authority for 2 years of extensions if determined to be in the best interest of the District, for a total authorization of 5 years.  Year 3 of the initial term will be complete on August 31, 2018.  Staff has determined that it is in the best interest of the District to extend the agreement for the two additional years. 

During the past 3 years the bond construction program has expanded significantly in order to accomplish the District’s facility improvement goals.  Six amendments have been approved during years 1-3 in order to adjust staffing to match to the increased workload.  At the District’s request, Massetti Consulting has recently added an FF&E Coordinator to the program in order to accommodate the additional work necessary upon construction completion of each project.  This proposed extension does not contemplate any additional increase in staffing.  This action approves the Program Management Services fee and extends the Agreement for the two previously authorized years.  Proposed staffing for years 4 and 5 of the agreement is as follows:

• Steve Massetti, Bond Program Manager, Consultant
• Deputy Bond Program Manager, Consultant
• Samohi Projects Director, Consultant
• Bond Preconstruction Manager, Consultant
• Bond Procurement and Contract Management Director, Consultant
• Bond Procurement and Contract Management Assistant, Consultant
• Bond FF&E Coordinator, Consultant
• Outreach Communication Consultant (part-time, as needed)
• Funding Specialist Services (part-time, as needed)

The proposed fee for year 4 represents a 1.48% increase compared with the adjusted year 3 staffing fee.  The proposed fee for year 5 represents a 2.00% increase compared with the year 4 staffing fee.  This extension also includes reimbursable expenses, to be billed at cost without markup, of $25,000 to cover expenses such as permit fees and other miscellaneous expenses, which Massetti Consulting typically advances for the District and separately submits for reimbursement. 

This extension is necessary to continue ongoing bond-funded work, and is not contingent on the District passing future bonds. 

In addition, it has become apparent that some portion of the previously authorized amendments will not be expended, due to staffing changes and partial billing credits during years 1-3.  Upon completion of year 3 services, staff will review the remaining balances and credit back the remaining balance of previous amendments, which is anticipated to result in a credit to the previous amendments of approximately $210,000.

Staff recommends approval of Amendment #07 to the Program Management Services Agreement with Massetti Consulting, LLC, in the amount of $4,900,660 including reimbursable expenses, for implementation of years 4 and 5 of the agreement, through August 31, 2020.

Funding Information

• Budgeted: Yes
• Fund: 85
• Source: Measure ES
• Account Number: 85-90100-0-00000-85000-5802-050-2600
• Project: Measure ES Program Management Centralized Services
• Budget Category: Soft Costs/Program Management

MEASURE ES FUNDING:

• CURRENT CONTRACT AMOUNT - Year 1-3 including Amendments 1-6: $4,543,482
• CONTRACT AMENDMENT #07 – Year 4-5 including reimbursable expenses: $4,900,600  
  
• TOTAL REVISED CONTRACT AMOUNT: $9,444,082

It is recommended that the Board of Education approve the attached certificated appointments, separations and assignments.

Unless otherwise noted, all items are included in the 2018-2019 approved budget.

It is recommended that the attached appointments for Classified Personnel (merit system) be approved and/or ratified. 

All personnel will be properly elected in accordance with District policies and salary schedules. 

It is recommended that the attached appointments for Classified Personnel (merit system) be approved and/or ratified. 

All personnel will be properly elected in accordance with District policies and salary schedules. 

It is recommended that the Board of Education approve an increase in FTEs (2.00 FTE total), as indicated below in order to meet facility improvement and construction project needs for the 2018-2019 school year.

The 2018-2019 BB: Construction budget will be adjusted $177,842 for salary and benefits.

• Construction Supervisor - new position, 1.00 FTE, 8 hours/12 Months
• Accounting Technician - new position, 1.00 FTE, 8 hours/12 Months

It is recommended that the Board of Education revise BP 0500 - Accountability.

The policy has been updated to reflect the new state accountability system (the California School Dashboard), which consists of both state and local indicators to assist districts in identifying strengths and areas in need of improvement in each priority area addressed by the LCAP.

The board discussed these changes on July 19, 2018.

It is recommended that the Board of Education delete BP 0520.2 – Title I Program Improvement Schools.

The policy and regulation have been deleted as federal program improvement requirements have been suspended for the 2017-18 school year and will, beginning in the 2018-19 school year, be replaced by a new system of comprehensive and targeted improvement established by the Every Student Succeeds Act.

The board discussed this deletion at its meeting on July 19, 2018.  The corresponding regulation can be found under Information in this agenda. 

It is recommended that the Board of Education revise BP 5121 – Grades/Evaluation of Student Achievement.

The policy and regulation have been updated to reflect research-supported best practices regarding grading, including the separation of nonacademic factors from students' academic grades.  The policy also adds an optional paragraph on reports of student progress on specific academic standards.

The board discussed this deletion at its meeting on July 19, 2018.  The corresponding regulation can be found under Information in this agenda. 

It is recommended that the Board of Education revise BP 6111 – School Calendar.

The policy has been updated to clarify that a district must offer a minimum of 175 instructional days per school year until it meets or exceeds its funding target under the local control funding formula, at which time the minimum required number of instructional days is 180. 

The board discussed this deletion at its meeting on July 19, 2018. 

It is recommended that the Board of Education revise BP 6171 – Title I Programs.

The policy has been updated to address (1) the requirement to use federal Title I funds to supplement, not supplant, funds available from state and local sources; (2) use of the district's local control and accountability plan to fulfill requirements for the Title I local educational agency plan; and (3) methods for demonstrating the comparability of services between Title I and non-Title I schools.

The board discussed this deletion at its meeting on July 19, 2018.  The corresponding regulation can be found under Information in this agenda. 

It is recommended that the Board of Education revise BP 6178.1 – Work-based Learning.

The policy has been updated to add material formerly in the AR regarding board approval of any district plan for work-based learning and board approval to pay students' wages out of district funds.

The board discussed this deletion at its meeting on July 19, 2018.  The corresponding regulation can be found under Information in this agenda. 

It is recommended that the Board of Education revise BP 6190 – Evaluation of the Instructional Program.

The policy has been updated to reflect the suspension of the state Academic Performance Index and new law (AB 104, 2015), which adds homeless students to the definition of numerically significant student subgroups whose progress toward district goals must be annually assessed.  The policy also updates the section on Federal Program Monitoring (FPM) to reflect new state tools for monitoring categorical programs, and actions needed if the FPM review results in a finding of noncompliance.

The board discussed this deletion at its meeting on July 19, 2018. 

It is recommended that the Board of Education revise BP 6200 – Adult Education.

The policy and regulation have been updated to reflect new law (AB 104, 2015), which establishes the Adult Education Block Grant to fund specified types of programs and coordinate services through regional consortia. The policy also describes other possible funding sources for adult education, clarifies that adult education courses must be approved by the California Department of Education as well as the district board, adds material on teacher qualifications, moves material from AR to BP re: graduation requirements, and adds material on program evaluation.

The board discussed this deletion at its meeting on July 19, 2018.  The corresponding regulation can be found under Information in this agenda. 

It is recommended that the Board of Education consider revising BP & AR 5131.61 – Controlled Substances. 

Staff recommends revising the district’s policy and regulation regarding controlled substances. These suggested changes are a result of conversations with the site principals, our SMMUSD Mental Health Counseling Coordinator, and service providers in our community.

The policy has been revised to add a section about students using/abusing controlled substances who self-refer themselves to a school administrator seeking help.  It also amends the number of days following the beginning of school when the contents of this policy and regulation will be shared with students and parents/guardians.

The regulation has been updated to address controlled substance use in addition to abuse.  The regulation has also been updated to clarify the various levels of interventions and discipline per grade level and occurrence of offense.  References to a behavior contract for students returning from suspension have been replaced with the development of an Action Plan designed to determine what, if any, developmentally appropriate interventions are necessary. The levels of intervention and discipline also now address students with an IEP or Section 504 Accommodation Plan. 

This agenda item provides the Board of Education an opportunity to discuss the application of Latino PEMA (Padres, Estudiantes, y Maestros Asociacion) for Santa Monica High School, as per BP/AR 1230. Latino PEMA is an independent parent / community member group. 

Latino PEMA submitted a 501c3 letter and a Certificate of Liability Insurance from Pico Youth & Family Center (PYFC), in lieu of the required Latino PEMA documents. PEMA is also using the Tax ID # for PYFC.

Attached are the PEMA bylaws and application, PYFC Certificate of Liability, and BP/AR 1230.

It is recommended that the Board of Education adopt Resolution No. 18-04 authorizing and approving a districtwide ban on the distribution, supply, and purchase of all single-use plastic beverage straws and all single-use plastic beverage stirrers from all district departments and operations in an effort to mitigate plastic pollution, reduce waste, and increase sustainability efforts.

Should the Board adopt the Resolution, the ban will take effect immediately and the district staff will proceed to make necessary changes to support the ban and the sustainability efforts; however, the district will make available plastic beverage straws to our medically fragile community when necessary.

A plastic straw ban within the district has environmental, behavioral and educational benefits.

Single use plastic straws, made out of polypropylene derived from petroleum, do not easily biodegrade. Marketed for a one-time use, is estimated plastic straws can remain in the environment for 400 years. Their small size also prevents them from being recycled in many facilities as they slip through the cracks in the sorting process. In turn, they are sent to the landfill, pollute the environment and end up in waterways. In the District’s coastal environment, straws are a significant concern for ocean pollution as they are deadly to wildlife and break down into tiny pieces called micro plastics overtime. According to data collected from the California Coastal Cleanup Day reports since 1992, plastic straws are the sixth most common item recorded.

A significant reason to ban plastic straws is that their sole function is based on convenience as opposed to necessity, excluding when medically necessary. Using a plastic straw is a consumer choice and there are widely available alternatives that are less environmentally harmful, including reusable metal or bamboo or straws made from paper, sugarcane, pasta or starch.

Santa Monica High School’s Marine Team conducted a series of waste audits in the spring of 2018. Although plastic straws do not make up the majority of SMMUSD’s plastic waste by volume, banning the plastic straw can pave the way for the removal of other plastic materials which would require significant infrastructure change within district operations. Banning the plastic straw is the easiest step towards plastic elimination with the least operational impact at this time.  

Most importantly, this ban will serve as a learning tool for the students and community. Waste reduction is a district sustainability goal that relies on behavioral change, a notorious challenge. This first step, eliminating plastic straws, will bring awareness of plastic pollution and the need for change to protect the environment.

It is recommended that the Board of Education nominate, if it so chooses, a board member to run for the CSBA Board of Directors for the position(s) of Directors-at-Large Asian / Pacific Islander and Hispanic. 

Nominations for CSBA Directors-at-Large Asian/Pacific Islander and Hispanic are currently being accepted until September 28, 2018.  The nominations for Directors-at-Large must be made by a CSBA member board and the nominee must be a board member from a CSBA member board. 

CSBA’s Board of Directors, which includes 21 regional representatives, five directors-at-large, four officers, the California County Boards of Education president, and any California board member serving on the board of the National School Boards Association. The board is responsible for setting direction for CSBA by adopting the vision and mission and overseeing the corporate operations of the association.

The elections will take place at CSBA’s Delegate Assembly meeting held at the San Francisco Marriott Marquis on Wednesday, November 28 and Thursday, November 29. Directors-at-Large serve two-year terms and take office immediately upon the close of the Association’s Annual Education Conference on Saturday, December 1.

The nomination form, candidate form, and two letters of recommendation are due (postmarked) Friday, September 30, 2016.

This is to inform the Board of Education that AR 0520.2 – Title I Program Improvement Schools has been deleted.

The policy and regulation have been deleted as federal program improvement requirements have been suspended for the 2017-18 school year and will, beginning in the 2018-19 school year, be replaced by a new system of comprehensive and targeted improvement established by the Every Student Succeeds Act.

The board discussed this deletion at its meeting on July 19, 2018.  The corresponding policy can be found under Consent in this agenda. 

This is to inform the Board of Education that AR 5121 – Grades/Evaluation of Student Achievement has been revised.

The policy and regulation have been updated to reflect research-supported best practices regarding grading, including the separation of nonacademic factors from students' academic grades.  The policy also adds an optional paragraph on reports of student progress on specific academic standards.

The board discussed this deletion at its meeting on July 19, 2018.  The corresponding policy can be found under Consent in this agenda. 

This is to inform the Board of Education that AR 6171 – Title I Programs has been revised.

The regulation has been updated to reflect amendments by the Every Student Succeeds Act related to schoolwide programs, targeted assistance programs, and participation by private school students.

The board discussed this deletion at its meeting on July 19, 2018.  The corresponding policy can be found under Consent in this agenda. 

This is to inform the Board of Education that AR 6178.1 – Work-based Learning has been revised.

The regulation has been updated to reflect new law (AB 2063, 2016), which authorizes the district to grant credit for satisfactory completion of a work experience education program to students ages 14-15 when the principal certifies that such credit is necessary for the student's participation in a career technical education (CTE) program. The regulation also reflects a provision of AB 2063, which allows students to participate in job shadowing activities for up to 40 hours per semester, intersession, or summer school session if the principal certifies that it is necessary for participation in a CTE program. 

The board discussed this deletion at its meeting on July 19, 2018.  The corresponding policy can be found under Consent in this agenda. 

This is to inform the Board of Education that AR 6200 – Adult Education has been revised.

The regulation also deletes prohibition against enrolling students with an F-1 visa, reflects law prohibiting offering a course exclusively through adult education if the course is required for high school graduation or academic progress, and condenses and moves material on community service classes into section on "Programs and Courses.”

The board discussed this deletion at its meeting on July 19, 2018.  The corresponding policy can be found under Consent in this agenda. 

This meeting will adjourn to a special meeting scheduled for Wednesday, August 29, 2018, at 5:30 p.m. at the district office: 1651 16th St., Santa Monica, CA. The next regular meeting is scheduled for Thursday, September 6, 2018, at 5:30 p.m. at the district office.