• DN-1015-18/19 (Special Education)
• 1 case

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

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

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

It is recommended that the Board of Education approve the March 7, 2019, regular meeting agenda. 

It is recommended that the Board of Education approve the February 21, 2019, regular meeting minutes.

It is recommended that the Board of Education approve the February 26, 2019, special meeting minutes.  

The Fiscal Crisis Management Assistance Team's (FCMAT) primary mission is to assist California’s local K-14 educational agencies to identify, prevent, and resolve financial, human resources and data management challenges. FCMAT provides fiscal and data management assistance, professional development training, product development and other related school business and data services. FCMAT’s data management services are used to help local educational agencies (LEAs) meet state reporting responsibilities, improve data quality, and inform instructional program decisions.

The Santa Monica-Malibu Unified School District sought the services of FCMAT and requested an on-site review of our Special Education Department. FCMAT visited the district on October 22-25, 2018, to conduct interviews, collect data, and begin reviewing documents. Following fieldwork, FCMAT continued to review and analyze documents. This analysis resulted in a written report that will be reviewed at tonight's meeting.  Please note that FCMAT reports generally do not comment on systems and processes that are functioning well; rather, the report will focus on systems and processes that have areas for improvement.  

Staff anticipates that this item will require a total of 80 minutes, with 35 minutes for the report and 45 minutes for board member questions/comments.  

The attached report was updated on 3/6/19.

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

• Contractor: Dual Language Education of New Mexico
• Dates: 03/20/19
• Amount not to exceed: $4,308.00
• Description: Educator training, conference keynote speeches or presentations on data collection and statistical analysis of school databases.
• Site: Edison Language Academy
• Funding: 01-00030-0-11100-10000-5802-030-1300 ($2,000.00); 01-30100-0-11100-10000-5802-001-4010 ($2,308.00)

• Contractor: Just Communities Central Coast
• Dates: 03/07/19-06/30/19
• Amount not to exceed: $17,485.34 $28,773.18
• Description: To provide customized training for One Room, Many Voices for Counselors and Advisors, Language Access Guidelines Collaboration, DELAC Parent Focus Group, Language Access Guidelines Collaboration, SEDAC/PRN Special Ed Parent Focus Group, and One Room, Many Voices for School Psychologists
• Site: Educational Services
• Funding: 01-00030-0-19200-24950-5802-030-1300 (LCAP)
• (Amend amount not to exceed and description of services. Original contract approved on 10/04/18)

• Contractor: Loyola Marymount University
• Dates: 3/15/19-05/31/13
• Amount not to exceed: $9,000.00
• Description: Restorative Justice practices for staff and students. Total of 5 meeting dates.
• Site:  Will Rogers Learning Community
• Funding:  01-30100-0-11100-10000-5220-006-4060 (Title I)

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 Board of Education approve the Comprehensive School Safety Plan for each district school in Malibu.

During approval of all district safety plans on February 21, 2019, the board decided to approve the Santa Monica plans, but postpone approval of the Malibu plans.  These plans are now coming back for approval.

California legislation mandates that the governing board of the school district adopt each school’s Comprehensive School Safety Plan (CSSP) (Education Code 32288). Each school’s CSSP is part of the district’s Emergency Operations Plan.

All schools have emergency response plans, procedures, routines and structures that are consistent with the California Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS). Each site’s CSSP includes, but is not limited to, roles and responsibilities of faculty and staff members during an emergency; emergency procedures; evacuation locations and school maps.

Additionally, schools describe strategies for ensuring a safe and orderly school conducive to learning including describing what they do to ensure a safe physical environment and to ensure a safe, respectful and orderly school community.

Each completed CSSP was reviewed by Director of Student Services and is on file in the Student Services Department for review.

This item will return to the Board annually.

Copies of the site CSSPs are available for review in the office of the Director of Student Services.

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

SMMUSD Social Studies book adoption cycle.  College Board Course Revamp 2016.

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

• Sources of Western Society-Since 1300 3rd Edition. Authors John. P. McKay, Clare Haru Crowston, Merry E. Wiesner-Hanks and Joe Perry. ISBN: 978-1-4576-1521-4  
• Revolutions and the Revolutionary Tradition in the West 1560-1991 Edited by David Parker.  ISBN: 0-415-17295-0 
• A History of Western Society, 12th Edition.  Authors: John P. McKay, Bennette D. Hill, John Buckler, Clare Haru Crowston, Merry E. Wiesner-Hanks, Joe Perry.  ISBN: 978-1-319-03598-3

Adoption requested for:  AP European History 10th grade course, by Adam Panish and Jordan Ervin.

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 these severely handicapped students are made by the District IEP Team 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 February 12, 2019, through February 28, 2019, for fiscal /19.

It is recommended that the Board of Education accept, with gratitude, checks totaling $6,813.12 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 $6,813.12 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 Notice of Completion for Bid# 19.18 for Painting Exterior at Lincoln CDC with contractor Omega Constructions. 

This approval will be the acceptance of the commencement of all applicable warranties required by the Contract Documents starting on 03-07-19.

Funding Information:

• Budgeted: Yes
• Fund: 40
• Source : Capital Facilities Fund
• Account Number: 40-90100-0-00000-82000-5640-060-2600

This will also allow the district to release the 5% retention withheld from the contractor.

It is recommended that the Board of Education approve the notice of completion for Bid# 19.17 for Painting Exterior at Grant Elementary with contractor Vera’s Painting. 

This approval will be the acceptance of the commencement of all applicable warranties required by the Contract Documents starting on 03-07-19. 

Funding Information:

• Budgeted: Yes
• Fund: 40
• Source : Capital Facilities Fund
• Account Number: 40-90100-0-00000-82000-5640-060-2600

This will also allow the district to release the 5% retention withheld from the contractor.

 A certificate of Substantial Completion has been signed by our District.

It is recommended that the Board of Education approve Contract Amendment #19 with Chan Young Architects to provide engineering services to create a comprehensive campus utility map for Santa Monica High School – Campus Plan Project, in an amount of $124,500 for a total contract amendment amount of $2,086,204.48.

As the District embarks on the rebuilding of the Samohi campus, it is essential that all existing and recently planned utilities are comprehensively mapped. This will provide a clear understanding of the locations, elevations and capacity of the existing utilities. This will provide designers information for: tying into the existing systems where appropriate; replacing under-capacity utilities where necessary; relocating utilities when in the way; and realigning the utilities for topographical changes. By having reliable information, it will minimize the risk of disruptions caused by contractors excavating utilities in error. Isolation valves etc. will also be shown on the plans generated, which will enable the generation of shut down procedures for emergency or planned shutdown of services.

It is proposed that Chan Young be the architect of record and work with the Psomas survey division to provide the tracing and mapping service. This tracing is likely to require a second phase that will involve ground penetrating radar to locate the services that cannot be traced by any other means. The scope of that work phase will kept to a minimum, but will not be known until the 1^st phase is completed.

The proposed budget for this phase of work is $124,500, which excludes Alternative #1 for the location of services to exterior lights.

Funding Information

• Budgeted: Yes
• Fund: 87
• Source: Measure ES
• Account Number: 87-90904-0-00000-85000-5802-015-2600
• Budget Category: Soft Costs\Design Service\Architects

MEASURE ES FUNDING:

• Original Contract Amount - Samohi Campus Plan: $129,140.00
• Contract Amendment #01 - Sealy Field: $272,682.00
• Contract Amendment #02 - Sealy Field: $8,000.00
• Contract Amendment #03 - Sealy Field: $89,874.00
• Contract Amendment #04 - Samohi Campus Plan: $92,928.00
• Contract Amendment #05 - Interim Repairs/Upgrades & HVAC: $652,480.20
• Contract Amendment #06 - Olympic Spur: $129,257.08
• Contract Amendment #07 – Tennis Court Repair: $12,500
• Contract Amendment #08 – Sealy and Football Field Lighting: $23,980.00
• Contract Amendment #09 – SCP T&M: $25,000.00
• Contract Amendment #10 – Fire Dampers and Pool Ventilation: $25,759.34
• Contract Amendment #11 – Mods to Utility Building & Olympic Spur: $57,504.85
• Contract Amendment #12 – Sealy Field Modifications: $13,034.00
• Contract Amendment #13 – Site Design Guidelines and Signage/Wayfinding: $166,277.00
• Contract Amendment #14 – LV OSP Trace Services: $43,710.00
• Contract Amendment #15 – Olympic Spur Added scope and Gen Services T&M: $58,556.00
• Contract Amendment #16 - Samohi Discovery Bldg: $15,006.01
• Contract Amendment #17 – On-Call Design and Gen Services T&M: $50,000.00
• Contract Amendment #18 – Access & Fire Alarm Systems Design: $96,016.00
• Contract Amendment #19 – Campus Utility Mapping Phase 1: $124,500.00
• TOTAL CONTRACT AMOUNT: $2,086,204.48

It is recommended that the Board of Education approve Contract Amendment #7 with DLR Group to provide additional design services for the Lincoln Middle School Athletic Field and Track Replacement Project in amount not to exceed $2,065.00 for a total contract amount of $453,976.50.

The District requested DLR Group provide additional structural calculations needed to resolve a deviation notice.  These calculations are required to support the Structural Engineer’s acceptance of a minor in-situ condition relating to rebar in concrete that was identified in a project photograph of another rebar issue that has already been accepted.

Funding Information

• Budgeted: Yes
• Fund: 85
• Source: Measure ES
• Account Number: 85-90908-0-00000-85000-5802-012-2600
• Budget Category: Soft Costs\Design Service\Architects

MEASURE ES FUNDING:

• ORIGINAL CONTRACT (LMS – Field & Track Project) $198,781.00
• CONTRACT AMENDMENT #1 (LMS – Add’l Design Services) $128,780.00       
• CONTRACT AMENDMENT #2 (LMS – Cost Estimating Services) $9,108.00
• CONTRACT AMENDMENT #3 (LMS – Add’l Design Services) $19,950.00
• CONTRACT AMENDMENT #4 (LMS – Add’l Design Services) $58,470.00
• CONTRACT AMENDMENT #5 (LMS – Add’l Design Services) $16,242.50
• CONTRACT AMENDMENT #6 (LMS – Add’l Design Services) $20,580.00
• CONTRACT AMENDMENT #7 (LMS – Add’l Design Services) $2,065.00
• TOTAL CONTRACT AMOUNT: $453.976.50

It is recommended that the Board of Education award a contract with Johnson Controls to provide the installation of a new annunciator as part of the Campus Fire Alarm Upgrade at Santa Monica High School – Campus Plan Project, in an amount not to exceed $6,876.65.

On 06/06/09, the Board of Education approved Simplex Grinnell, which has since changed its name to Johnson Controls, (BOE Item A.28) for the Fire Alarm devices because all existing District wide systems are manufactured by the sole source manufacturer.

The Board of Education further approved on 06/29/17 the GSA schedule no. GS-07-0396Y1 valid through June 30, 2022 which allows for fire alarm, security, and emergency disaster equipment purchases and all services necessary to install the equipment from design to start-up, including maintenance and training at the lowest offered pricing.  The Los Angeles County Department of Education allows Districts to “piggy back” off of the GSA contracts with no restriction other than standard Public Works contracting requirements.

The fire alarm annunciator in the Administration Building is to be the first step in the Campus Fire Alarm Upgrade system and is required to be operational for the completion of the functional design for the campus upgrade, which will be a DSA approved project. 

Funding Information

• Budgeted: Yes
• Fund: 87
• Source: Measure ES
• Account Number: 87-90904-0-00000-85000-6200-015-2600
• Budget Category: Construction / Fire Alarm

It is recommended that the Board of Education award an agreement to Converse Consultants to provide special inspection services for Malibu Alignment - Webster Elementary School – Malibu Alignment Project - Shade Shelter & Playground in an amount not to exceed $14,860.00.

The District issued an RFP on February 01, 2019 for special inspection services to Converse Consultants and Leighton Consulting, Inc. The proposals from Converse Consultants to the amount of $14,860.00 and Leighton Consulting, Inc. to the amount of $37,739.00 were received on 2/08/19.

Staff reviewed the proposal received and found that the Converse Consultants proposal covered all of the DSA required special inspections and offered best value to the District. It is recommended that Converse Consultants be awarded an agreement based on their qualifications and their pricing for an amount not to exceed $14,860.00.

Funding Information

• Budgeted: Yes
• Fund: 85-90909-0-00000-85000-5802-019-2600
• Source: Measure ES
• Budget Category: Soft Costs / Testing & Inspection / Materials Lab

It is recommended that the Board of Education award an agreement to Converse Consultants to provide special inspection services for Malibu Alignment - Point Dume Elementary School – Malibu Alignment Project - Temporary Housing in an amount not to exceed $22,280.00.

The District issued an RFP on February 01, 2019 for special inspection services to Converse Consultants and Leighton Consulting, Inc. The proposals from Converse Consultants to the amount of $22,280.00 and Leighton Consulting, Inc. to the amount of $68,587.00 were received on 2/08/19.

Staff reviewed the proposal received and found that the Converse Consultants proposal covered all of the DSA required special inspections and offered best value to the District. It is recommended that Converse Consultants be awarded an agreement based on their qualifications and their pricing for an amount not to exceed $22,280.00.

Funding Information

• Budgeted: Yes
• Fund: 85-90909-0-00000-85000-5802-019-2600
• Source: Measure ES
• Budget Category: Soft Costs / Testing & Inspection / Materials Lab

It is recommended that the Board of Education approve Change Order #07 with Waisman Construction, Inc. for the Webster Elementary School – Drop-off & Parking Lot Reconfiguration Project in an amount not to exceed $60,080.69 for a total contract amount of $3,536,762.48 and 133 days of schedule impact.

On April 12, 2017 the Santa Monica Malibu Unified School District’s Board of Education awarded to Waisman Construction, Inc. the construction contract for the Webster Elementary School – Drop-off & Parking Lot Reconfiguration Project in the amount of $ 3,207,665.00.  Six change orders totaling $269,016.79 were subsequently approved and increased the contract amount to  $3,476,681.79.

Due to unforeseen condition and the District’s request for additional work and improvements at the site, additional costs totaling $60,080.69 were incurred by the contractor.  Independent estimates were prepared by the District to confirm the amounts claimed by the contractor were reasonable.  This Change Order No. #07 is necessary to reimburse Waisman Construction for the added costs incurred in the Constructing Webster Elementary School – Drop-off & Parking Lot Reconfiguration Project and increases the contract amount to $3,536,762.48.

Change Order No. #07 includes a non-compensable 133 day increase to the contract time.  Funding is from Program Reserve shortages.

Funding Information

• Budgeted: No
• Fund: 83
• Source: Measure BB
• Account Number: 83-90500-0-00000-85000-6200-008-2600
• Budget Category: Hard Costs \ Construction Contracts
• DSA #: 03-118507

MEASURE BB FUNDING

• Original Contract: $3,207,665.00
• Change Order #01: $49,661.54
• Change Order #02: $55,699.90
• Change Order #03: $88,331.15
• Change Order # 04: $15,774.86
• Change Order # 05: $34,698.05
• Change Order # 06: $24,851.29
• Change Order # 07: $60,080.69                       
• TOTAL CONTRACT AMOUNT: $3,536,762.48

It is recommended that the Board of Education approve Change Order #01 for Bid #18.17.ES with KFY United Mechanical Contractors, Inc dba United Mechanical Contractors for McKinley ES, Franklin ES, John Muir ES - HVAC Project for the installation of protective bollards at John Muir Elementary School in an amount not to exceed $2,052.38 for a new total contract amount of $198,052.38 with no impact to the schedule.

On June 18, 2018 the Board awarded to KFY United Mechanical Contractors, Inc. dba United Mechanical Contractors, HVAC Bard Units Project Bid #18.17.ES contract at McKinley ES, Franklin ES, John Muir ES, in the amount of $196,000.

In order to meet ADA standards and improve walkway safety at John Muir ES for Rooms 1 and 2, a steel bollard was installed on each corner of the two units. The existing Bard units had skirts built underneath, making removal of the old unit impossible. With the demolition of the skirts, the exposed corners of the new units would not comply with ADA rules. The installation of these bollards would bring the units into compliance. The change order covers the cost of labor and materials for installation.

Funding Information

• Budgeted: Yes
• Fund: 85
• Source: Measure ES
• Account Number:  85-90906-0-00000-85000-6200-016-2600 (John Muir)
• Budget Category: Hard Costs \ Construction Contracts

MEASURE ES FUNDING:   

• ORIGINAL CONTRACT – HVAC Bard Units: $196,000.00
• CHANGE ORDER #1 – Installation of Bollards at John Muir ES: $2,052.38
• TOTAL CONTRACT AMOUNT: $198,052.00

It is recommended that the Board of Education approve Change Order #02 with Elite Modular for Pt. Dume Elementary School - Malibu Alignment Project in an amount of $78,025.69 for a total contract amount $1,317,518.34.

The Board authorized the extension and use of the Savanna School District’s piggybackable bid awarded to Elite Modular during the 8/16/18 meeting. The DSA approved portable buildings and appropriate services are specified under Project Bid #SSPS, #40-09/2016-17 valid through January 17, 2019.

On 8/16/18, the Board approved a contract with Elite Modular to provide the Interim Housing classrooms, restrooms, and admin offices at Point Dume Marine Science School as a part of the Malibu Schools Alignment Project. The proposal included leasing of Seven 24’ x 40’ classrooms, One 36’x40’ kindergarten classroom, One 8.5’ x 40’ restroom building, and One 36’x40’ Administration Office. This change order will cover the cost of upgraded fire rating requirements added during DSA review of the construction documents, casework required to outfit the interim admin office, and site specific installation needs (craning and shuttling).

This Change Order no. 02 is an increase to the project to provide for the changed scope.

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

MEASURE ES FUNDING

• Original Contract:         
• 1^st year, rental, improvements, delivery, crane & installation: $457,287.33
• Rental only per year at $57,800 total for years 2 to 5: $596,933.32
• Dismantle, crane & return (payable when buildings are returned): $103,600.00
• Overall Total: $1,157,820.65
• Change Order #01: $81,672.00
• Change Order #02: $78,025.69          
• Total Contract amount: $1,317,518.34

It is recommended that the Board of Education approve Contract Amendment #17 with Psomas to perform underground utility inspection and a drainage study at John Adams Middle School in an amount not to exceed $10,500 for a total contract amount of $230,312.00.

The scope of this contract amendment includes video inspection of 6 drain lines to determine if there are any obstructions or structural damage that is not allowing water to drain as well as an engineering review of the system the aim of making corrective recommendations. It is likely that this study will be followed up with an additional contract amendment to implement corrective measures selected by the District.

Psomas has provided two proposals to do the work associated with this amendment. The cost of utility survey services are $5,500 and the engineering study is $5,000. The total cost of this amendment is $10,500.

Funding Information

• Budgeted: Yes
• Fund: 87
• Source: ES
• Account Number: 87-90907-0-00000-85000-5802-011-2600
• 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
• Contract Amendment #11 – Samohi – Topo Survey – 7^th St Fence: $2,900.00
• Contract Amendment #12 – Franklin – Topo Survey – Drainage and ADA: $12,500.00
• Contract Amendment #13 – Samohi – Easement & Topo Survey: $17,950.00
• Contract Amendment #14 – Malibu Schools Alignment (Pt. Dume) – Addt’l Survey: $2,200.00
• Contract Amendment #15 – Samohi – Volume calculations – Discovery: $2,800.00
• Contract Amendment #16 – Pt Dume – Utility, Biological and Cultural Surveys: $40,225.00
• Contract Amendment #17 – JAMS – Utility Investigation and Drainage Study: $10,500.00
• TOTAL CONTRACT AMOUNT: $230,312.00

It is recommended that the Board of Education award an agreement to Independent Construction Inspection to provide inspection services for Webster Elementary School - Malibu Alignment Project - Shade Shelter & Playground in an amount not to exceed $27,280.00.

Independent Construction Inspection proposal was reviewed and it was confirmed that their proposal covered all the DSA required inspection services for the project scope at Malibu Alignment - Webster ES - Shade Shelter & Playground Project. It is recommended Independent Construction Inspection be awarded an agreement based on their proposal and pricing of $62.00/hour for an amount not to exceed $27,280.00.

Funding Information

• Budgeted: Yes
• Fund: 85-90909-0-00000-85000-5802-019-2600
• Source: Measure ES
• Budget Category: Soft Costs / Testing & Inspection / IOR

It is recommended that the Board of Education award an agreement to Independent Construction Inspection to provide inspection services for Point Dume Elementary School – Malibu Alignment Project - Interim Housing in an amount not to exceed $54,720.00. 

Independent Construction Inspection proposal was reviewed and it was confirmed that their proposal covered all the DSA required inspection services for the project scope at Malibu Alignment - Point Dume ES – Interim Housing Project. It is recommended Independent Construction Inspection be awarded an agreement based on their proposal and pricing of $72.00/hour for an amount not to exceed $54,720.00. 

Funding Information

• Budgeted: Yes
• Fund: 85-90909-0-00000-85000-5802-019-2600
• Source: Measure ES
• Budget Category: Soft Costs / Testing & Inspection / IOR

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, 2017, and extended through January 17, 2020. 

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 issuance of a Project Assignment under the CM MSA for Construction Management Services to Cumming for John Adams Middle School Performing Arts Center Project in an amount not to exceed $1,368,960.00.

On April 20, 2017, the Board of Education approved issuance of a Master Services Agreement (MSA) to 9 construction management firms.  On January 22, 2019, the District issued a project-specific Request for Proposals to all current CM MSA firms for full service construction management services for the JAMS Performing Arts Center Project.  Proposals were due on February 12, 2019.  Three proposals were received from the following consultants:

• California Construction Management
• Cumming Corporation
• Vanir Construction Management

All three proposing firms had been deemed qualified through the MSA review process, so all proposals were reviewed.  The proposals included proposed construction management teams, project-specific approaches and capabilities, and cost proposals, as requested.  Facility Improvement Projects staff, along with the Chief Operating Officer and the Architect of Record reviewed the proposals and deemed all submitting firms were to be interviewed. 

Interviews were held February 20, 2019.  Interviewers were Chief Operations Officer, Deputy Bond Program Manager Consultant, Pre-Construction Design Manager Consultant and the Architect of Record.  Upon completion of the interviews, the interview panel recommended selection of the Cumming team for award of the project assignment for this project.  In its proposal, Cumming affirmatively stated that there is no known conflict of interest or any potential conflict of interest involving any District employee, consultant, or member of the Board of Education.  Cumming’s proposal of $1,368,960.00 is based upon hourly billing rates 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 be from Measure ES.

Funding Information

• Budgeted: Yes
• Fund: 85
• Source: ES  
• Account Number:  85-90904-0-00000-85000-5802-011-2600
• Description: Construction Management

It is recommended that the Board of Education award an agreement with Alta Environmental for Juan Cabrillo Elementary School – Malibu Fire to perform Hazardous material consulting services in an amount not to exceed $14,575.50.

In response to the clean up after the recent fire in Malibu, Alta Environmental has been asked to conduct PCB air and wipe sampling at Juan Cabrillo Elementary School. Eight air samples (which includes two field blanks and two ambient samples) and eleven wipe samples (which includes two field blanks) will be collected.

Funding Information

• Budgeted: No
• Fund: 25
• Source: Capital Facilities Fund
• Account Number: 25-90100-0-00000-82000-5802-050-1500
• Budget Category: Soft Costs/Environmental Testing/Hazmat Monitoring

MEASURE ES FUNDING:

• ORIGINAL CONTRACT – Cabrillo Air & Wipe Sampling: $14,575.50
• TOTAL CONTRACT AMOUNT: $14,575.500

It is recommended that the Board of Education award an agreement with Alta Environmental for Middle & High School – Malibu Fire to perform Hazardous material consulting services in an amount not to exceed $33,427.00 for a total contract amount of  $88,427.00.

In response to the clean up after the recent fire in Malibu, Alta Environmental has been asked to conduct PCB air and wipe sampling at Malibu High School. Sixteen air samples (which includes 2 field blanks and two ambient samples) and fifty-five wipe samples (which includes 2 field blanks) will be collected.

Funding Information

• Budgeted: No
• Fund: 25
• Source: Capital Facilities Fund
• Account Number: 25-90100-0-00000-82000-5802-050-1500
• Budget Category: Soft Costs/Environmental Testing/Hazmat Monitoring

MEASURE ES FUNDING:

• ORIGINAL CONTRACT – MMHS Malibu Fire Building D: $55,419.90
• Contract Amendment #01 – MMHS Malibu Fire: $33,427.00
• TOTAL CONTRACT AMOUNT: $88,846.90

It is recommended that the Board of Education approve Contract Amendment #01 with FACS for Malibu Middle & High School – Malibu Fire to perform additional Air Monitoring consulting services in an amount not to exceed $42,640.00 for a total contract amount of $246,109.00.

One January 17, 2019, the BOE approved an award of contract to FACS. Following the fires, it became clear that there was insufficient air quality monitoring by the South Coast Air Quality Management District (SCAQMD), Environmental Protection Agency (EPA) or any other public agency in the burn areas. There was a concern that the burn areas would have increased pollutants in the air, especially as winds blew and burned out homes were cleared. The District has contracted with Forensic Analytical Consulting Services (FACS) to develop and monitor an air quality system to be deployed at all four Malibu schools, PAH Air and Wipe sampling at all four Malibu schools and limited soil assessment at MMHS. We have requested that FACS extend their air monitoring services for an additional 2 months.

Funding Information

• Budgeted: No
• Fund: 25
• Source: Capital Facilities Fund
• Account Number: 25-90100-0-00000-82000-5802-050-1500
• Budget Category: Soft Costs/Environmental Testing/Hazmat Monitoring

CAPITAL FACILITIES FUNDING:

• ORIGINAL CONTRACT – MMHS Malibu Fire: $203,469.00
• CONTRACT AMENDMENT #01 – MMHS Malibu Fire: $42,640.00
• TOTAL CONTRACT AMOUNT: $246,109.00

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 (1.70 FTE), as indicated below in order to meet IEP requirements and student needs for the 2018-2019 school year.

The 2018-2019 budget will be adjusted $35,011 for salary and benefits.

• ParaEducator 3 - from 6 hours (0.75 FTE) to 7.6 hours (0.95 FTE) - Cabrillo Elementary
• ParaEducator 3 - new position/6 hours (0.75 FTE) - Edison Elementary
• ParaEducator 3 - new position/6 hours (0.75 FTE) - McKinley Elementary

This is a discussion item for the Board of Education to agree for the Sustainability Plan to move forward to be approved at the next board meeting. The Sustainability Plan is a road map for the district to integrate sustainability measures and concepts throughout the district. It establishes benchmarks and goals to achieve in the next year, five years, and ten years. The goals are achievable and aspirational. They touch on multiple areas. By adopting the plan, the Board of Education will signal a commitment to become a more sustainable district. 

In September 2017, the Board of Education directed staff to develop a comprehensive Sustainability Plan. After more than a year and many conversations with stakeholders, the district-wide plan for sustainability (the Plan) is now ready for acceptance and approval by the Board, ready to be implemented across the district.

Acknowledging the pressing reality of global climate change, the Plan prepares the district to take immediate action and lead by example to promote environmental stewardship and climate protection in an effective measurable way. The Plan provides a strategic road map for uniting the District’s many existing sustainability initiatives; incorporating sustainability into Education Services and all aspects of student learning; and integrating climate protection, resource efficiency, waste management, and other sustainability practices into District operations.

The plan was a community and district stakeholder driven effort under the direction of the Facility Improvement Projects (FIP) Department with assistance from Cumming Corporation. Participation and feedback was gained from all district departments, faculty, staff, students, PTA, FOC, City of Santa Monica, City of Malibu and the community. A Sustainability Plan Stakeholder group was created and feedback and review was conducted through district and community workshops and presentations. The first drafts of the plan were presented to the Santa Monica community on November 13, 2018. All subsequent drafts were made available for download and review on the District website. The first complete draft of the plan is submitted to the Board for direction and feedback to prepare for the plan adoption on December 13, 2018. The third revised draft that incorporated all feedback to date was presented to the city of Malibu on February 6, 2019.

The financial impacts are detailed within the plan. It is difficult to put a whole number on the costs because there will be a goal to balance the costs with savings and other revenue, such as grants. However, for the plan to function, it will not be cost neutral and will provide some financial commitment from the general fund and bond-related funds.

Staff anticipates this item will require a total of 40 minutes, with 20 minutes for the report and 20 minutes for board member questions and comments.

It is recommended that the Board of Education adopt Resolution No. 18-33 – Recognizing Women’s Herstory/History Month. 

In 1981, Sen. Orrin Hatch (R-Utah) and Rep. Barbara Mikulski (D-Md.) co-sponsored a joint Congressional resolution proclaiming a national Women's History Week.  In 1987, Congress expanded the celebration to a month, and March was declared Women's History Month.

It is recommended that the Board of Education adopt Resolution No. 18-34 – Recognizing César Chávez Day. 

It is recommended that the Board of Education adopt Resolution No. 18-35 – National Middle Level Education Month. 

The Association for Middle Level Education, The National Association of Secondary School Principals, The National Association of Elementary School Principals, The National Forum to Accelerate Middle-Grades Reform, Adolescent Success, ACT, Spark, and Let's Move! Active Schools declare March the official month to focus on students ages 10 to 15 and celebrate middle level education.

The key messages for the celebration are:

• The importance of parents being knowledgeable about young adolescents and being actively involved in their lives;
• The understanding that healthy bodies plus healthy minds equal healthy young adolescents;
• The realization that the education young adolescents experience during this formative period of life will, in large measure, determine the future for all citizens; and
• The knowledge that every young adolescent should have the opportunity to pursue his or her dreams and aspirations, and post-secondary education should be a possibility for all.

It is recommended that the Board of Education adopt Resolution No. 18-36 - Call to Climate Change Action 2019.

It is recommended that the Board of Education adopt Resolution No. 18-37 - regarding the Release and Non-reelection of Certificated Temporary employees pursuant to Education Code Section 44954, effective June 2019.

The Board of Education is required to notify temporary certificated employees before the end of the school year of its decision to release and non-reelect the employees for the next succeeding school year.

It is recommended that the Board of Education adopt Resolution No. 18-38 regarding the non-reelection of certificated probationary employees (Intern Credentials, Short-Term Staffing Permits, Provisional Internship Permits, Provisional Internship Permits, Special Temporary Certificates, State-Issued Waivers and/or Emergency Permits) pursuant to Education Code Section 44929.21(b), effective June 2019.

The Board of Education is required to notify probationary employees on or before March 15 of the employee's second complete consecutive school year of employment of its decision to not reelect the employee for the next succeeding school year.

It is recommended that the Board of Education adopt Resolution No. 18-39 - regarding the Non-reelection of Certificated Probationary employees pursuant to Education Code Section 44929.21(b), effective June 2019.

The Board of Education is required to notify probationary employees on or before March 15 of the employee's second complete consecutive school year of employment of its decision to not reelect the employee for the next succeeding school year.

Item updated 3/5/19

It is recommended that the Board of Education adopt Resolution No. 18-40 - May Release and Reassign Certificated Administrators pursuant to Education Code Section 44951 as indicated in the Resolution, effective June 2019.

The Board of Education is required to notify certificated administrators on or before March 15 of its decision that the employee may be released from and administrative position and reassigned to a teaching position for the next succeeding school year.

It is recommended that the Board of Education adopt Resolution No. 18-41 - Shall Release and Reassign Certificated Administrators pursuant to Education Code Section 44951 as indicated on the Resolution, effective June 2019.

The Board of Education is required to notify certificated administrators on or before March 15 of its decision that the employee shall be released from an administrative position and reassigned to a teaching position for the next succeeding school year.

It is recommended that the Board of Education approve the 2018-19 Second Interim Report and the corresponding budget adjustments.

Education Code (EC) Sections §35035 (g), §42130, and §42131 require the governing board of each local educational agency (LEA) to certify at least twice a year as to the LEA’s ability to meet its financial obligations for the remainder for that fiscal year and for the subsequent two fiscal years.

The 2018-19 First Interim Budget was adopted by the Board of Education on December 13, 2018, and was approved by the Los Angeles County Office of Education (LACOE).

This Second Interim Report reflects changing conditions that have necessitated adjusting the District budget.

The Santa Monica-Malibu Unified School District ("District") recently learned that $8,861,301.26 of the District's Education Revenue Augmentation Fund ("ERAF") allocations were unilaterally withdrawn from its financial accounts without any prior written notice by Los Angeles County Office of Education (“LACOE”).  These funds had been included in the District’s financial statements and accounted for in multiple budgets and cash flow reports, which LACOE had previously approved following adoption by the Santa Monica-Malibu Unified School District Board of Education, including the 2017-18 adopted budget, first interim, second interim, third revision, and the 2018-19 adopted budget, which included the unaudited actuals, and the 2017-18 unaudited actuals in September 2018.

The District was first notified of a potential issue concerning its 2017-18 fiscal year ERAF allocations during a teleconference on November 9, 2018, with LACOE representatives.  At that time, LACOE representatives verbally informed the District that LACOE had erroneously allocated approximately $8.6 million in ERAF to which the District was not entitled.  According to LACOE, the Los Angeles County Auditor-Controller recently had determined that the District became Basic Aid during the 2017-18 school year; therefore, the District was not eligible to receive any ERAF allocations.  The District has been on the edge of Basic Aid for a number of years; however, at no time did the inclusion of ERAF funds in the District’s budgets and reports trigger any warning that Basic Aid districts are not entitled to ERAF in accordance to tax code.  Therefore, the funds were budgeted and then approved by LACOE on five (5) occasions as described above.  The District also made numerous financial decisions based on LACOE-approved budget projections.  While the District has a sizeable reserve that can absorb the immediate negative cashflow impact, LACOE’s errors needlessly have caused substantial disruption to the District’s medium- and long-term budget planning and to efforts to address its structural deficit.

On the November 9 teleconference, LACOE representatives acknowledged to the District that because it had not paid attention to the fact the District was transitioning from State Aid status to Basic Aid status. Rev. & Tax. Code, § 97.2(d)(2) states that LACOE is responsible for determining the funding status of the District and reporting that to the Auditor-Controller before funds such as ERAF might be allocated; however, LACOE had failed to do just that.

Accordingly, at the conclusion of the November 9, 2018, teleconference, the District informed LACOE that LACOE would need to validate the information, that it would need official documentation concerning prior transactions and plans for reallocation, and that a subsequent teleconference would need to be scheduled to discuss the issue in more detail.  LACOE agreed to hold a subsequent call to discuss the matter further and provide additional documentation to the District.  LACOE representatives assured the District that they would contact the Auditor-Controller to facilitate negotiations and return to the District with updates and additional information. 

However, the District received no follow-up communication from LACOE whatsoever regarding the ERAF allocations or the promised negotiations.  Moreover, the District learned on January 8, 2019, that on December 28, 2018, LACOE and the Auditor-Controller unilaterally withdrew $8,861,301.26 from the District's Unrestricted General Fund.  Remarkably, the District was not provided with any verbal or written notice of the withdrawal from LACOE.

Even more concerning, the amount withdrawn ($8,861,301.26) was substantially higher than the amount initially discussed ($8.6 million) during the November 9, 2018, teleconference. 

While the District appreciates LACOE and the Auditor-Controller's efforts to comply with California law concerning ERAF allocations, the manner in which the foregoing actions taken are deeply concerning, unwarranted, and harmful to the District. 

In January 2019, after learning of the unilateral withdrawal, following consultation with School Services of California (SSC) and with legal counsel, the District sent a letter to LACOE and the Auditor-Controller to memorialize the sequence of events and to request a full accounting of the unilateral decisions made and actions they had taken, including:

• An explanation as to why the District continued to receive ERAF allocations despite becoming Basic Aid during the 2017-2018 school year;
• An explanation as to why there was a discrepancy between the amount alleged to be owed ($8.6 million) during the November 9, 2018, teleconference and what was actually unilaterally withdrawn ($8,861,301.26);
• A detailed calculation of how the amount of $8,861,301.26 was determined prior to its removal from the District's account; and
• An explanation as to why the District must return the full $8,861,301.26, given that it did not reach Basic Aid status until the middle of FY 2017-18.

As of the publication date of this board agenda, neither LACOE nor the Auditor-Controller has responded in writing to the District’s letter.

The 2018-19 2nd Interim Financial Report and Presentation will be attached to this agenda item prior to the board meeting. 

Staff anticipates this item will require a total of 60 minutes, with 30 minutes for the staff report and 30 minutes for board questions/comments.

It is recommended that the Board consider applications received and appoint members with terms ending June 30, 2021, and June 30, 2022, to the Measure SMS and Measure M Bond Oversight Committees.

The Prop 39 – Citizens’ Bond Oversight Committees were established, as required by law, after the successful general obligation bond elections known as Measure SMS for SFID No. 1, covering Santa Monica Schools and Measure M for SFID No. 2, covering Malibu Schools. 

Measure SMS, approved by voters on November 6, 2018, authorized the District to issue up to $485,000,000 of bonds in order to make facility improvements throughout District facilities in Santa Monica.  Measure M, approved by voters on November 6, 2018, authorized the District to issue up to $195,000,000 of bonds in order to make facility improvements throughout District facilities in Malibu. The elections were conducted under Proposition 39, therefore obligating the District to establish the oversight committees. 

At the February 21, 2019, Board of Education meeting, the Board established separate committees that will serve the legal obligations created by the two (2) bond elections. 

The purpose of the BOC is to inform the public concerning the expenditure of the bond proceeds.  The Committee shall engage in the following activities to carry out this purpose:

• Actively review and report on the proper expenditure of taxpayers’ money for school construction;
• Advise the public as to whether the school district is in compliance with the requirement of the measure;
• Convene to provide oversight for but not limited to:
• Ensuring that bond revenues are expended only for the construction, reconstruction, rehabilitation or replacement of school facilities, including the furnishing and equipping of school facilities, or the acquisition or lease of real property for school facilities;
• Ensuring that no funds are used for any teacher or administrative salaries or other school operating expenses.

Education Code 15278(a) is specific as to the number of committee members that should be appointed to the BOC and even more specific as related to the length of term and number of terms permitted.  Ed Code states that the Committee shall consist of at least seven (7) members to serve for a term of no more than three (3) years without compensation and for no more than two (2) consecutive terms.  The law continues to specify that the committee must include:

• One member who is active in a business organization representing the business community located within the school district;
• One member active in a senior citizens’ organization;
• One member who is the parent or guardian of a child enrolled in the school district;
• One member who is both a parent or guardian of a child enrolled in the school district and active in a parent-teacher organization;
• One member who is active in a bona-fide taxpayers’ organization; and
• Two members at large.

The District has elected to create two (2) new committees for Measures M and SMS, independent of the previously established BOC charged with overseeing Measures BB and ES.  Upon appointment of committee members, staff will coordinate the initial meeting of each committee, at which time, by agreement or drawing of lots, committee members will be designated to have either a two year or three year initial term, so as to ensure that there is carryover of some committee members each year. 

Six (6) sitting members of the current BOC (Measures BB and ES) have indicated a desire to serve as the members of the new Measure SMS BOC.  Staff will continue to recruit for the seventh position.

Recruitment for the Measure M BOC began on February 11, 2019.  As of Friday, March 1, 2019, four (4) applications had been received, and more are expected prior to the March 7, 2019 meeting.  A list of applicants will be presented to the Board at the meeting.  If less than seven (7) qualified applications have been received, staff will continue to recruit for the remaining positions.

The members of the Board Facilities Subcommittee have reviewed the applicants with staff.

Earlier this school year, the Board of Education approved the charges for the District Advisory Committees (DACs). 

As per Administrative Regulation 1220 – District Advisory Committees, “The co-chairpersons [of each DAC] shall provide the Board of Education with an update regarding the process of meeting these goals and/or deliverables in an informational item to the Board at a regular meeting no later than February each year.”  This informational agenda item meets that requirement. 

Next steps: As per AR 1220, “No later than June of each year, the committee shall make an End-of-Year report to the Board of Education regarding the achievement of its goals and/or deliverables.” 

A mid-year report was submitted by the Health & Safety and Special Education DACs.  The full text of this report is attached.  The reports from the Early Child Care DAC  and Intercultural Equity & Excellence DAC will be on a future agenda.   The report from the Visual and Performing Arts DAC appeared on the February 7 agenda.

This meeting will adjourn to a regular meeting scheduled for Thursday, March 21, 2019, at 5:30 p.m. in the Malibu City Council Chambers: 23825 Stuart Ranch Road, Malibu, CA.