• DN-1004-19/20 (Special Education)

• Title: Superintendent

• 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 regular meeting agenda for September 19, 2019.

It is recommended that the Board of Education approve the September 5, 2019, regular meeting minutes.

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

• Contractor: TM-MTM, Inc. DBA Bell Cab Management
• Dates: 08/01/19-06/30/20
• Amount not to exceed: $32,000.00  (Rate of $150.00 per day)
• Description: Transportation services to meet IEP requirement
• Site: Transportation
• Funding: 01-65000-0-57500-11900-5802-043-1400

• Contractor: UCLA
• Dates: 09/01/19-03/31/20
• Amount not to exceed: $15,180.00
• Description: Professional Development Mathematics Project Cognitively Guided Instruction (CGI) Capacity 
• Site: Roosevelt
• Funding: 01-00021-0-11100-10000-5802-007-4070 

• Contractor: Reading and Writing Project 
• Dates: 10/01/19-05/30/20
• Amount not to exceed: $33,000.00
• Description: Professional Development Columbia University Teachers College Reading and Writing Workshop 
• Site: Roosevelt
• Funding: 01-00021-0-11100-10000-5802-007-4070 

• Contractor: Illuminating SOL Therapy, Inc.
• Dates: 08/01/19-06/30/20
• Amount not to exceed: $7,000.00
• Description: Elizabeth Cruz, LCSW, founder/president of Illuminating SOL Therapy, Inc, a Santa Monica private practice that provides mental health and consulting services in English and Spanish. Ms. Cruz will be facilitating a parenting program, Parent Project, along with serving as mental health consultant during the 12-week series in the Fall of 2019 and Spring of 2020.  Ms. Cruz will be utilizing her mental health expertise to provide support and resources to families attending  the parenting program along with her collaborative facilitators that include SMMUSD staff and Santa Monica Police Department.
• Site: Ed Services
• Funding: 01-30100-0-11100-10000-5802-035-1300

• Contractor:  PS. Arts 
• Dates: 09/01/19 -06/01/20
• Amount not to exceed: $25,699.00
• Description: To provide theater classes to grades tk-5th
• Site: McKinley Elementary
• Funding: 01-00021-0-11100-10000-5802-004-4040(Strecth Grant)—$20,255.00; 01-301000-0-11100-10000-5802-004-4040(Title I)—$5,444.00

• Contractor: Music Rhapsody
• Dates: 09/01/19-06/12/20
• Amount not to exceed: $20,000.00
• Description: Weekly music lessons, 2 days per week, 60 days of classes
• Site: McKinley Elementary
• Funding:  01-00021-0-11100-10000-5802-004-4040

• Contractor: PS Science
• Dates: 09/01/19-06/06/20
• Amount not to exceed: $24,600.00 
• Description: Providing weekly science classes for k-5th grades
• Site: McKinley Elementary
• Funding: 01-301000-0-11100-10000-5802-004-4040(Title I)—$15,375.00; 01-90150-0-11100-10000-4310-004-4040(PTA)—$9,225.00

• Contractor: S.T.A.R INC
• Dates: 09/28/19-04/27/20
• Amount not to exceed: $35,000.00 
• Description: Program includes a STAR Science specialist, lesson plans, worksheets, materials, Eco Science Assembly and support from the STAR Science Department for students TK-5^th grade.
• Site: Grant Elementary
• Funding: 01-00021-0-11100-10000-5802-003-4030

• Contractor: Convenient Computer, Inc.
• Dates: 08/28/19-06/30/20
• Amount not to exceed: $10,000.00
• Description: This position will assist our Department in the merging of SEIS and CALPADS. This company will assist us in training staff on SEIS and minimizing errors in reporting to the state.
• Site: Special Education
• Funding: 01-65000-0-57500-11100-5802-043

These contracts are included in the 2019-20 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 special field trip(s) listed below for students for the 2019-2020 school year. 

• School: McKinley Elementary
• Grade: 5^th
• # of Students: 68     
• Destination: Pali Institute Running Sprints, CA 92382
• Dates: 03/30/20-04/01/20
• Principal/Teacher: A.Benjamin/J.Botello/K.Barger/D.Talbott
• Cost & Funding Source: $315.00 per student paid through PTA fundraising & scholarships
• Subject: Science
• Purpose: Outdoor science camp

• School: Santa Monica High School
• Grade: 9^th-12^th
• # of Students: 85
• Destination: Amsterdam, Netherlands and Berlin and Bonn, Germany
• Dates: 04/06/20–04/15/20
• Principal/Teacher: A.Shelton/J.Swenson
• Cost & Funding Source: $3,500.00 per student / Fundraising & parent donations
• Subject: Music
• Purpose: Symphony Orchestra will perform and students will attend masterclasses.

• School:  Roosevelt Elementary
• Grade:  5^th
• # of Students: 120
• Destination: Pali Camp, Running Springs, CA
• Dates: 04/20/20-04/22/20
• Principal/Teacher:  L.Holeva/M.Ostrom/B.Brashear/J.Clark/J.Yuan
• Cost & Funding Source:  $39,375.00 paid by parent donations.
• Subject:  Science
• Purpose:  3 day camp that aligns with science standards

• School:  Malibu Elementary
• Grade: 5^th
• # of Students: 55        
• Destination: CIMI, Catalina Island, CA
• Dates: 10/02/19-10/04/19
• Principal/Teacher: C.Hertz/G.Levy/J.Mathews
• Cost & Funding Source: $20,000.00 paid by PTA and parent donations.
• Subject: Science
• Purpose: Marine Science

It is recommended that the Board of Education authorize execution of a resolution to renew the Child Development contract with the State Department of Education (CDE), Child Development Division effective July 1, 2019 through June 30, 2020.  

The contract operates on a minimum of 246 days and serves full-day/full-time preschools and part-day programs at various sites.  The program includes developmentally appropriate activities, social services, health services, breakfast/lunch/snack, parent participation/education, and staff development. 

Funding Information:

• Source: Child Development Fund – Restricted
• Currently Budgeted: Yes
• Account Number: 12-61050-0-00000-00000-8590-090-0000  $1,754,744
• Description: CSPP Apportionment - CDS

This agreement, CSPP-9256, is to be executed between the Superintendent of Public Instruction, State Department of Education, and the Santa Monica-Malibu Unified School District, wherein the State agrees to pay the Santa Monica-Malibu District Child Development Fund/CDC and amount not to exceed $1,754,744.  The Board agrees to provide a drug-free workplace and to authorize Ben Drati, Superintendent of Schools, to sign the contract on behalf of the governing board. 

It is recommended that the Board of Education authorize execution of a resolution to renew the contract with the State Department of Education (CDE), Child Development Division effective July 1, 2019, through June 30, 2020.  

The contract provides developmentally-appropriate activities for school-age children and for the Infant Toddler Program at SAMOHI receiving service; meals and snacks; educational services and staff development.  The program operates for a minimum of 246 days a year.  Funding of this contract is contingent upon appropriation and availability of sufficient funds. 

Funding Information:

• Source: Child Development Fund – Restricted
• Currently Budgeted: Yes
• Account Number: 12-61050-0-00000-00000-8590-090-0000  $1,024,459; 12-50250-0-00000-00000-8290-090-0000  $   569,832
• Description: CCTR Apportionment - CDS

It is recommended that the Board of Education approve the attached Standards of Conduct- Performance Standard 1302.90 (c) (1). 

In accordance with California Department of Education and Department of Social Services/Community Care Licensing Division, a program must assure that all staff, consultants, contractors, and volunteers abide by the Program’s Standards of Conduct that ensures staff, consultants, and volunteers implement positive strategies to support children’s well-being and prevent and address challenging behavior. 

It is recommended that the Board of Education adopt the book title listed below.

Following the success of the 6th grade Reading Improvement class at JAMS, the site will expand this to Grade 7. This title will be used to support novel study. 

To support this intervention, the district will use SG funds to purchase this novels, along with three other titles (already adopted). Total cost for all four sets of novel books is approximately $700.00. 

• A Wrinkle in Time (1962) by Madeleine L'Engle

The adoption of this book title is requested by Hannah Duff, John Adams Middle School 7th Grade English teacher,. The book is also listed in the California Department of Education (CDE) Recommended Literature List. 

It is recommended that the Board of Education approve the attached Special Education contracts for fiscal year 2019-2020. 

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 August 29, 2019, through September 10, 2019, for fiscal /20.

It is recommended that the Board of Education accept, with gratitude, checks totaling $11,250.00 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 2019-2020 income and appropriations by $11,250.00 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 amend the Certification of Signatures, as presented on December 13, 2018, in Recommendation No. VIII.B.2., to change the signature authority to include Ms. Virginia Hyatt, as Interim Director of Purchasing.

It is further recommended that the attached document "Certification of Signatures" be completed and filed with the County Superintendent of School in accordance with Education Code Section §42633. Ms. Hyatt’s signature will be considered valid as of August 5, 2019.

The Board of Education approved the appointment of Ms. Virginia Hyatt as Interim Director of Purchasing on August 15, 2019 (Item VI.A.1), but her signature authority is effective as of her start date on August 5, 2019. 
 
Approval of this Board Action will authorize Ms. Hyatt to sign warrants, orders for salary or commercial payments, notices of employment, contracts, invoices and other documents as directed by the Board of Education.

It is recommended that the Board of Education approve issuance of Project Assignment #02 under the AE MSA for Architectural Services to Rachlin Partners for Lincoln Middle School - Building K Modernization Project in an amount not to exceed $198,653.00. including reimbursable costs.

Rachlin Partners was asked to provide architectural, engineering services for the renovation of Building K to accommodate the existing special education program.  Renovations include modernization of windows, doors, floors and paint.  In addition, ADA upgrades to (2) existing non-compliant restrooms and the mandatory addition of an elevator to access the second floor classrooms.  Interior upgrades, including built-in casework, are also part of the scope.  The exterior path of travel will also be part of the scope from the parking lot to the entrance of the building.

Funding Information

• Budgeted: Yes
• Fund: 89
• Source: SMS  
• Account Number: 89-90100-0-00000-85000-5826-012-2600
• Description: Architectural Services

It is recommended that the Board of Education approve Change Order #04 with Waisman Construction, Inc. for the - Malibu Elementary School - Malibu Alignment Project - Interim Housing in an amount of $29,109.36 for a total contract amount of $2,569,288.90 and 0 days of schedule impact.

On April 3, 2019, the Board of Education awarded to Waisman Construction, Inc. the construction contract for the Malibu Alignment - Malibu ES - Temporary Housing Project in the amount of $2,425,000.00. Notice to proceed was given on April 22, 2019.

The changes for this Change Order #04 include: Top of Wall Connection Added Detail, Add Gate Behind Toilet Building, Temporary Domestic Water Tie-In, Kindergarten Ramp Signage, Low Voltage Removal at Classroom A1 Toilet, Reverse Downspout & Area Drain at Main Yard Portable Buildings, Add Shut-Off Values at Water Line Connections, Concrete Electrical Working Pad, and Concrete Site Work at Classroom’s A1 New Exterior Door.

This Change Order No. #04 is necessary to reimburse Waisman Construction for the added cost of Constructing Malibu Alignment - Malibu ES - Temporary Housing Project.

Change Order No. #04 does not have an increase to the contract time and funding is from Measure ES.

Funding Information

• Budgeted: Yes
• Fund: 87
• Source: Measure ES
• Account Number: 87-90909-0-00000-85000-6200-019-2600
• Budget Category: Hard Costs \ Construction Contracts
• DSA #: 03-119266

MEASURE ES FUNDING

• Original Contract: $2,425,000.00
• Change Order 01: $90,634.06
• Change Order 02: $4,527.51
• Change Order 03: $20,017.97
• Change Order 04: $29,109.36                          
• TOTAL CONTRACT AMOUNT: $2,569,288.90

It is recommended that the Board of Education approve Contract Amendment #25 with dsk Architects to provide additional architectural and engineering design services for Michelle and Barack Obama Center for Inquiry and Exploration – Window, Paint, Floors & Doors Project and Malibu Elementary School – Malibu Alignment Project in an amount not to exceed $43,019.00 for a total contract amount of $1,690,420.00.

Provide additional architectural and engineering services to develop an acoustical design for the Library to improve the acoustics in that space and provide new exterior building signage design in three locations at the Michelle and Barack Obama Center for Inquiry and Exploration - $10,685.00.

Provide additional architectural and engineering services required to obtain Coastal Development Permit approvals, and new water connections to the County of Los Angeles water service line.  In addition, provide scope additions and clarifications for the Malibu Elementary School – Malibu Schools Alignment project. - $32,334.00.

Funding Information

• Budget: Yes
• Fund: 85
• Source: ES
• Account Number: 87-90905-0-00000-85000-5802-014-2600 ($10,685.00); 87-90909-0-00000-85000-5802-009-2600 ($32,334.00)
• Budget Category: Soft Costs/AE Design Services  

MEASURE ES FUNDING

• ORIGINAL CONTRACT – Webster – WPF: $192,235.00
• CA #01 – Webster ES – WPF: $27,470.00
• CA #02 – Webster ES – WPF: $N/A
• CA #03 – Webster ES – WPF: $10,000.00
• CA #04 – Webster ES, Pt. Dume ES – PFD addl services: $34,762.00
• CA #05 – Webster ES – WPFD: $58,480.00
• CA #06 – Olympic HS – WPFD and HVAC Project: $379,828.00
• CA #07 – Olympic HS – HVAC Project addl services landscape: $18,364.00
• CA #08 – Olympic HS – WPFD and HVAC Project Reimbursable Exp: $18,950.00
• CA #09 – Webster ES – WPF additional services construction mgmt.: $9,555.00
• CA #10 – Olympic HS – WPFD additional design services: $44,611.00
• CA #11 – Pt. Dume ES - Malibu Alignment –Interim Housing: $66,910.00
• CA #12 – Pt. Dume ES – PFD additional design services:  $26,361.00
• CA #13 – Pt. Dume ES PFD, Franklin ES, WPFD & HVAC – addl design services: $107,139.00
• CA #14 – Pt. Dume ES, Olympic HS – WPFD & HVAC – additional design services: $89,947.00
• CA #15 – Webster ES - Malibu Alignment –, Play Yards: $57,534.00
• CA #16 – Pt. Dume ES - Malibu Alignment –Wastewater Treatment: $118,327.00
• CA #17 – Pt. Dume ES PFD, Franklin ES WPFD & HVAC – additional design services: $72,900.00
• CA #18 – Pt. Dume ES – HVAC – additional design services: $6,665.00
• CA #19 – Franklin ES – WPFD & HVAC – additional design services: $22,345.00
• CA #20 – Pt. Dume ES – Malibu Alignment – additional design services: $11,951.00
• CA #21 – Pt. Dume ES – Malibu Alignment – Pt. Dume Playground – addl design services: $81,995.00
• CA #22 – Pt. Dume ES – Malibu Alignment – Pt. Dume CDP Approval addl design services: $177,201.00
• CA #23 – Olympic HS – WPFD additional design services: $7,271.00
• CA #24 – Olympic HS – WPFD additional design services: $6,600.00
• CA #25 – Olympic HS & MES – WPFD & Alignment addt’l design services: $43,019.00
• TOTAL CONTRACT AMOUNT: $1,690,420.00

It is recommended that the Board of Education approve Change Order #04 with USS Cal Builders, Inc. for the McKinley Elementary School – Window, Paint, Floors & Doors Project in an amount of $207,743.12 for a total contract amount of $ 7,057,468.59 and 0 days of schedule impact.

On March 20, 2018, the Board of Education awarded to USS Cal Builders, Inc the construction contract for the McKinley Elementary School – Windows, Paint, Floors and Doors, HVAC & Fire Alarm Project in the amount of $6,488,000.00. Notice to proceed was given on March 23, 2018.

The changes for this Change Order #04 include: Increases to the project scope due to unforeseen conditions, accessibility improvements, additional hazardous material abatement, electrical deficiencies, and other necessary changes.

This Change Order No. #04 is necessary to reimburse USS Cal Builders, Inc for the added cost of Constructing McKinley Elementary School – Windows, Paint, Floors and Doors, HVAC & Fire Alarm Project contract.

Change Order No. #04 does not increase the contract time and funding is from Measure ES.

Funding Information

• Budgeted: Yes
• Fund: 87
• Source: Measure ES
• Account Number: 87-90905-0-00000-85000-6200-004-2600
• Budget Category: Hard Costs \ Construction Contracts
• DSA #: 03-118333

MEASURE ES FUNDING

• Original Contract: $6,488,000.00
• Change Order #01: $79,317.63
• Change Order #02: $160,665.26
• Change Order #03: $121,742.58
• Change Order #04: $207,743.12                      
• TOTAL CONTRACT AMOUNT: $7,057,468.59

It is recommended that the Board of Education approve Change Order #01 with AC Pros, Inc. for the Santa Monica High School - HVAC Project – Building H Room H127 in an amount not to exceed $889.50 for a new total contract amount of $86,889.50 with no impact to the schedule.

On December 13, 2018, the Board of Education awarded to AC Pros, Inc. the HVAC Replacement and Electrical Service Project Informal Bid #19.12.ES contract for Samohi, in the amount of $86,000.00.

Funding Information

• Budgeted: Yes
• Fund: 87
• Source: Measure ES
• Account Number: 87-90906-0-00000-85000-6200-015-2600
• Budget Category: Hard Costs \ Construction Contracts 

MEASURE ES FUNDING:   

• ORIGINAL CONTRACT: $86,000.00
• CHANGE ORDER #01: $889.50                 
• TOTAL CONTRACT AMOUNT: $86,889.50

It is recommended that the Board of Education approve Contract Amendment #09 for additional architectural design services associated with changed design scope additions to HED Architects for the Santa Monica High School - Discovery Building Project in an amount not to exceed $59,220.00 for a total contract amount of $7,717,229.28.

The amendment to the Lease Lease Back contract for the construction of the Discovery Building was made to McCarthy at the 6/6/19 board meeting and at that time certain value engineering items were removed from the contract. The largest of these was for the shade cover over the pool, including the foundations. Some of those foundations were an integral part of the foundations to the ancillary structures adjacent to the pool. This amendment to the HED contract is for the redesign of the foundations in that area that is necessary to achieve the full saving by reducing the scope of the construction work.

The Public Safety Distributed Antenna System (DAS) is a required system that was not included in the design of the building as it was to be installed on a design-build basis and an allowance was made in the construction contract with McCarthy to cover the cost. It has been subsequently decided that there is a need for an upfront design so that components of the design can be incorporated into the earlier phases of the contract, such as conduits cast into slabs etc. This proposal is to cover the cost of that design, thereby eliminating the need for the design component that the contractor had included. 

• Pool Area Foundation Scope Changes - Design: $42,300.00
• Public Safety DAS design: $16,920.00
• Total: $59,220.00

Funding Information

• Budgeted: Yes
• Fund: 87
• Source: Measure ES
• Account Number: 87-90904-0-00000-85000-5826-015-2600
• Budget Category: Soft Costs \ Design Services \ Architects

MEASURE ES FUNDING:

• ORIGINAL CONTRACT: $5,039,460.00
• CONTRACT AMENDMENT #01 – (Subterranean parking study): $19,000.00
• CONTRACT AMENDMENT #02 – (Subterranean parking design): $1,638,050.00
• CONTRACT AMENDMENT #03 – (Tension Structure Roof Design): $131,623.00
• CONTRACT AMENDMENT #04 – (Innovation Fire Pump Study): $45,500.00
• CONTRACT AMENDMENT #05 – (Reimbursables; DSA plan check fees): $56,461.28
• CONTRACT AMENDMENT #06 – (Expanded design services): $273,000.00
• CONTRACT AMENDMENT #07 – (Expanded design services): $343,650.00
• CONTRACT AMENDMENT #08 – (Expanded design services):  $111,265.00
• CONTRACT AMENDMENT #09 – (Foundation and DAS designs):  $59,220.00
• TOTAL CONTRACT AMOUNT: $7,717,229.28

It is recommended that the Board of Education award project assignment #06 to dsk Architects to provide Architectural Design Services for Washington West – Window, Paint, Floors & Doors Project, HVAC & Fire Alarm Project in an amount not to exceed $13,740.00 for a total contract amount of $217,343.00.

Additional architectural and engineering services are required to add electrical outlets to the PDLC to accommodate electrical needs for participants at seminars in that space and to provide a CCTV survey of the existing sewer lines: $7,140.00.

Additional architectural and engineering services are required for construction administration services due to an extended construction duration. It was originally anticipated that the modernization of the PDLC would be completed along with the preschool classrooms at Washington West. Due to the amount of work required in the PDLC to bring it up to code, a longer duration of construction was required: $6,600.00.

Funding Information

• Budgeted: Yes
• Fund: 87
• Source: ES  
• Account Number: 87-90905-0-00000-85000-5826-070-2600
• Description: Architectural Design Services

MEASURE ES FUNDING:

• Project Assignment #01 – Washington West: $88,685.00
• Project Assignment #02 – Washington West: $71,080.00
• Project Assignment #03 – Washington West: $7,275.00
• Project Assignment #04 – Washington West: $15,604.00
• Project Assignment #05 – Washington West: $20,959.00
• Project Assignment #06 – Washington West: $13,740.00
• TOTAL CONTRACT AMOUNT: $217,343.00

It is recommended that the Board of Education approve Change Order #01 with EasyTurf, Inc. for Malibu Elementary School - Malibu Alignment Project - Swings Improvement to include removal and disposal of 1,120 SF of asphalt in an amount not to exceed $5,619.60 for a new total contract amount of $34,363.85.

On June 27, 2019, the Board of Educaiton awarded a contract to EasyTurf, Inc. for the procurement and installation of playground safety pad, swing set and synthetic turf in the amount of $28,744.25 per the CMAS contract No: 4-13-78-0068A, GSA Schedule No: GS-03F-0117Y.

Change order #01 is to cover the demolition and disposal of 1,120 SF of asphalt that was not included in the original proposal. This work is additional to the original scope.

Funding Information

• Budgeted: Yes
• Fund: 87
• Source: Measure ES
• Account Number: 87-90909-0-00000-85000-6200-019-2600
• Budget Category: Building and Building Improvement

MEASURE ES FUNDING:

• ORIGINAL CONTRACT: $28,744.25
• CHANGE ORDER #01: $ 5,619.60             
• TOTAL CONTRACT AMOUNT: $34,363.85

It is recommended that the Board of Education approve Amendment #02 in the amount of $1,111,669.00, resulting in a total GMP of $35,150,919.00 which includes preliminary services and construction costs.

Background

On February 21, 2019, the Board of Education awarded an agreement for John Adams Middle School Performing Arts Center, Preliminary Construction Services, under RFP #19.20.ES, to Bernards in an amount not to exceed $1,111,669.00 On July 18, 2019, the Board of Education approved Amendment #1 for construction services, in the amount of $32,927,581.00, resulting in a total GMP of $34,039,250.00.  However, due to a misunderstanding during negotiations and due to an administrative oversight, Amendment #01 mistakenly credited the preliminary services against the proposed amendment for construction services.  The amendment should have been in the amount of $34,039,250, resulting in a total GMP of $35,150,919.

Budget Impact

Although this is not an increase to the actual project cost, due to the inaccurately drafted award agenda item, it does require an increase in the awarded amount and it does result in an impact to the previously approved project budget.  On July 19, 2019, the Board of Education approved the use of $15.1 million from SMS to partially fund the project.  This correction increases the SMS funding to $16.2 million.

Recommendation:

It is recommended that the Board of Education authorize the Superintendent or designee to take the following actions and execute the appropriate documents: 1) approve an adjustment, including an increase of $1,100,000 from Measure SMS, to the Measure ES – Santa Monica Other Allocation budget; and 2) approve the amendment of the Facilities Lease with Bernards in the amount of $1,111,669.00, resulting in the Guaranteed Maximum Price of $35,150,919.00 for preliminary services and construction of the Performing Arts Center.

Funding Information

• Budgeted: No
• Fund: 87
• Account Number: 87-90907-0-00000-85000-6200-011-2600
• Source: Measure ES
• Budget Category: Construction Contract

It is recommended that the Board of Education approve Contract Amendment #02 with HGA Architects for John Adams Middle School – Performing Arts Complex Project – in an amount not to exceed $893,746.00, for a new total contract amount of $2,636,096.00, including reimbursable expenses.

The Board of Education awarded an agreement to HGA on March 2, 2017, for architectural design services to design the replacement Performing Arts Center.  At that time, the anticipated construction budget was $20 million.  The architect’s fee was contractually fixed at 7.87% of the construction cost, for an amount of $1,574,350 plus reimbursable expenses.  One amendment has been approved in the amount of $118,000.  Since the award, the project scope has been modified significantly and at the same time, construction costs have experienced unprecedented cost escalation.  Now that the construction project has been awarded to the contractor and the cost has been established, it is appropriate to modify the architect’s fee to reflect the increased scope.  Utilizing the contractor’s awarded amount, adjusted for removal of the music building, would result in a revised architect’s fee of approximately $3.02 million.  However, the architect acknowledges that while it is entitled to a fee adjustment related to the increased project scope, it is not entitled to a windfall related to outside escalation factors such as tariffs, labor cost increases, or the industry-wide cost increases related to the extremely active construction market in Southern California.  As such, the District and HGA entered into extensive negotiations and have agreed to a fee based on 7.87% of the architect’s 95% construction drawing cost estimate, which does not take outside escalation factors into consideration.  For purposes of this calculation, the estimate was adjusted downward to remove the 7% design contingency.  The resulting fee was increased to account for work outside the scope of expected services in the amount of $63,500.  Finally, the proposed fee was decreased to provide a credit for the construction administration and final permitting of the Music Building, which is no longer necessary.  The resultant amendment is $893,746, and the revised total contract amount, including reimbursable expenses, is $2,636,096.  District staff believes that this is a fair and reasonable design fee for the project.

Funding Information

• Budgeted: Yes
• Fund: 87
• Source: Measure ES
• Account Number: 87-90907-0-00000-85000-5826-011-2600
• Budget Category: A/E Design Services

MEASURE ES FUNDING:

• ORIGINAL CONTRACT AMOUNT - Performing Arts Complex: $1,624,350
• CONTRACT AMENDMENT #01 - Additional Services: $118,000
• CONTRACT AMENDMENT #02 – Addt’l Services, Contractual Fee Adjustment: $893,746
• TOTAL CONTRACT AMOUNT: $2,636,096

It is recommended that the Board of Education approve Contract Amendment #09 with Massetti Consulting, LLC to the Program Management Services Agreement – Program-Wide in an amount not to exceed $346,775.00 for a total contract amount of $10,784,457.00. 

In order to appropriately balance program staffing, the District has requested a proposal from Massetti Consulting to add two positions to the program team.  The first will be an assistant project manager, beginning on October 1, 2019 ($19,525/month), to work with the existing management team as well as lead the implementation of the program-wide project controls system.  In addition, with the recent retirement of District personnel, a gap in services has been created for the projects at Samohi.  The second position will be a half-time project coordinator, beginning September 1, 2019 ($11,000/month), who will focus on ongoing and upcoming Samohi projects as well as electronic lock implementation district-wide.

This amendment, totaling $346,775, does not extend the duration of the Program Management Services Agreement, but increases the level of staffing to more accurately cover the needs of the program. 

Funding Information

• Budgeted: Yes
• Fund: 86
• Source: Measure ES, Measure SMS, Measure M.
• Account Number: 86-90100-0-00000-85000-5844-050-2600
• Project: Program Management Centralized Services
• Budget Category: Soft Costs/Program Management

FUNDING:

• ORIGINAL CONTRACT AMOUNT (Bond Program Manager Consultant – Year 1): $420,000
• CA #01 - (Preconstruction Manager and Funding Consultant – Year 1): $194,762
• CA #02 - (Deputy PM and Window/Door Assessment Consultant – Year 1): $53,000
• CA #03 - Year 2 & 3 ongoing PM services program wide: $2,255,040
• CA #04 - (Project Manager): $259,200.00
• CA #05 - (Samohi Dir of Projects, Transfer Dir of Procurement, Asst CM, Outreach Consult): $1,159,300.00
• CA #06 - Sr Project Mgr and Funding Specialist: $202,180.00
• CA #07 - Year 4-5 including reimbursable expenses: $4,900,600.00
• CA #08 - Design Manager and Deputy Program Manager: $993,600.00
• CA #09 - Assistant Project Manager and Project Coordinator: $346,775.00
• TOTAL CONTRACT AMOUNT: $10,784,457.00

It is recommended that the Board of Education approve contract award with Tim Schultz to provide Engineering/Consulting for the Microwave Antenna installation at Malibu Middle & High School – Safety & Security Project in an amount not to exceed $13,800.

Tim Shultz has been assisting Hans Laetz with KBUU and the Malibu Foundation in creating a microwave emergency communication connection. The system will insure KBUU can stay on air to provide emergency updates. The system will also connect Malibu Middle & High School with Santa Monica High School. We are contracting with Tim Shultz to extend this coverage to District Office and to possibly connect Malibu Elementary and Webster Elementary.

This link provides an essential, and previously absent, link in our emergency communications network. This will be one part of the larger emergency communication system.

Funding Information

• Budgeted: Yes
• Fund: 89
• Source:  Measure M
• Fund: 89-90200-0-00000-85000-5826-010-2600
• Budget Category: Architect/Engineering
  

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 2019-2020 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 (total 1.02375 FTEs), per attached list, in order to meet IEP requirements and student needs for the 2019-2020 school year.

The 2019-2020 budget will be adjusted $52,409 for salary and benefits.

It is recommended that the Board of Education adopt the 2019-2020 Declaration of Need for Fully Qualified Educators.

Based on prior year data, the attached Declaration stipulates those areas and numbers of emergency permit holders Santa Monica-Malibu anticipates for the 2019-2020 school year.  With Board approval, the Declaration will be sent to the Commission on Teacher Credentialing (CTC), thereby establishing the District’s need areas for 2019-2020.

Under Education Code 44300 and Senate Bill 322, the Declaration enables the District to streamline its approach to obtaining emergency credentials by establishing the statement of need once rather than on a person-by-person basis.  Therefore, as the District finds it necessary to employ teachers under emergency permits, the application process and approval will be more quickly completed.

This declaration may be revised with Board approval as hiring needs change during the school year.

It is recommend that the Board of Education approve the 2019-20 charges for the following DACs: Early Learning, Intercultural Equity & Excellence, and Visual & Performing Arts. 

The Board of Education discussed the proposed charges for these DACs on September 5.  They are attached.

The charges for the Heath & Safety DAC were discussed on September 5, but required some adjustment; they will be returning for approval on October 3.

The charges for the Special Education DAC will be discussed at this meeting, returning for approval on October 3.

This discussion item will allow the Board of Education the opportunity to discuss and provide feedback on the 2019-20 draft charges for the District Advisory Committees (DACs).  

As per AR 1220, relating to DACs: "After consulting with the committee, the co-chairpersons and Board liaison(s) shall draft the committee’s goals and/or deliverables for the school year and submit the goals and/or deliverables for approval by the Board of Education no later than the end of October.  The goals and/or deliverables shall align with and support the District’s central focus on Excellence through Equity.

The board will be providing feedback on draft charges (attached) for the following DACs:

• Special Education (SEDAC)

The charges discussed at tonight's meeting will return for action on October 3, 2019.  (The charges for the Early Learning, Intercultural Equity & Excellence, and Visual & Performing Arts were discussed at the previous board meeting and appear for action on this agenda.  The charges for the Health & Safety DAC were modified at the previous board meeting, and will return for action on October 3.)

As per AR 1220 related to DACs: "The co-chairpersons 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.  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.

Now that multiple years of student performance results on the California Assessment of Student Performance and Progress (CAASPP) are available, California school districts are able to look at growth over time in student performance in English Language Arts/Literacy (ELA) and Mathematics. This report highlights student performance results of most of the student subgroups identified in the California Accountability Model and School Dashboard, and/or the Local Control Funding Formula (LCFF) and Local Control Accountability Plan (LCAP).

Tonight’s presentation will focus on the 2018-19 CAASPP and ELPAC results, AP Exams, and student survey data. The rest of the lag data (Early Development Instrument [EDI], Cohort Graduation Rates, College and Career Readiness information, Suspension and Expulsion Rates) will be presented at a follow up board meeting and will align with the release of the Ca Dashboard.

Staff anticipates that this item will require a total of 30 minutes, with 15 minutes for the staff report and 45 minutes for board member questions/comments.  

It is recommended that the Board of Education appoint the below-listed individuals to the District Advisory Committees (DACs).

The below-listed individuals submitted applications or re-applications.  The board’s governance subcommittee reviewed the applications.  Attached is a list of memberships for the two affected DACs. 

• Ben Swett – Early Learning DAC – Term expires June 30, 2021

• Rita Kachru – Health & Safety DAC – Term expires June 30, 2022

It is recommended that the Board of Education approve a memorandum of understanding with the Los Angeles County Office of Education (LACOE) for the Community Schools Initiative at Santa Monica High School.

SMMUSD was chosen as one of 15 districts to participate in the Community Schools Initiative through LACOE.  The purpose of the initiative is to build equity for students by highlighting areas of need and leveraging community resources so that students are healthy, prepared for college, and career and civic ready.  The goals are to improve the academic, emotional, and physical well-being of participating students so they improve their educational outcomes.  The four key goals are:

1. An increase in graduation rates.
2. A decrease in chronic absenteeism and dropout rates.
3. A reduction in suspensions.
4. An increase in family engagement.

More information can be found in the attached presentation provided by LACOE.

The initiative is being funded by LACOE.

Staff anticipates that this item will require a total of 15 minutes, with 7 minutes for the staff report and 8 minutes for board member questions and comments.

This item was postponed from the August 1, 2019, and September 5, 2019, board meetings.

It is recommended that the Board approve Resolution No.19-04 - Resolution of the Board of Education of the Santa Monica-Malibu Unified School District authorizing the issuance and sale of General Obligation Bonds, Election of 2012, Series E, in the aggregate principal amount of not to exceed $115,000,000 and approving related documents and actions. 

An election was held in the Santa Monica-Malibu Unified School District on November 6, 2012, for the issuance and sale of general obligation bonds of the District for capital facilities improvement purposes in the maximum amount of $385,000,000 (the “Measure ES”). The District has previously sold four series of bonds under Measure ES in a collective principal amount of $270,000,000. The District now desires to issue the fifth and final series of bonds (the “Bonds”) under Measure ES in an amount not-to-exceed $115,000,000.

There is no fiscal impact to the General Fund resulting from the issuance of the Bonds. The Bonds are repaid from ad valorem properties levied on taxable properties in the District. 

(a)        Bond Resolution.  This Resolution authorizes the issuance of Bonds, specifies the basic terms, parameters and forms of the Bonds, and approves all related documentation including the form of Purchase Contract, Preliminary Official Statement, and Continuing Disclosure Certificate described below.  In particular, the Resolution establishes the maximum aggregate principal amount of the Bonds to be issued ($115,000,000), the maximum underwriting discount (0.35%) with respect to the Bonds, the maximum legal interest rate on the Bonds, and authorizes the Bonds to be sold at a negotiated sale to Raymond James & Associates, Inc. (“Lead Underwriter”), on behalf of itself and RBC Capital Markets, LLC (together, the “Underwriters”).  The resolution only approves the issuance of the Bonds as Current Interest Bonds; Capital Appreciation Bonds are not authorized.   

(b)        Form of Purchase Agreement.  The form of Purchase Agreement is approved in the Resolution.  Pursuant to the Purchase Agreement, the Underwriters will agree to buy the Bonds from the District.  All the conditions of closing the transaction are set forth in this document, including the documentation to be provided at the closing by various parties.  Upon the pricing of the Bonds, the final execution copy of the Purchase Agreement will be prepared following this form.  District staff are authorized, working with the financing team. to finalize, and execute, the Purchase Agreement.

(c)        Form of Preliminary Official Statement.  The Preliminary Official Statement (“POS”) is the offering and disclosure document describing the Bonds which, when in final form, will be distributed to prospective purchasers of the Bonds.  The POS discloses information so investors can make an informed investment decision and is subject to securities law standards regarding including all material disclosure without material omissions. Disclosures include (i) the proposed uses of proceeds of the Bonds, (ii) the terms of the Bonds (interest rate, redemption terms, etc.), (iii) the security for repayment of the Bonds (the ad valorem property tax levy), (iv) information with respect to the District’s tax base (upon which such ad valorem property taxes may be levied), (v) District financial and operating data, (vi) continuing disclosure with respect to the Bonds and the District, and (vii) absence of material litigation and other miscellaneous matters expected to be of interest to prospective purchasers of the Bonds.  Following the pricing of the Bonds, a final Official Statement for the Bonds will be prepared, substantially in the form of the POS.  The Resolution authorizes District staff, working with the financing team, to continue to make edits and to bring this document into final form before release to potential investors.

It is recommended that the Board approve Resolution No.19-05 - Resolution of the Board of Education of the Santa Monica-Malibu Unified School District authorizing the issuance and sale of 2019 Refunding General Obligation Bonds in the aggregate principal amount of not to exceed $110,000,000 and approving related documents and actions. 

There is no fiscal impact to the General Fund resulting from the issuance of the Refunding Bonds. The Refunding Bonds are repaid from ad valorem properties levied on taxable properties in the District. As required by State law, the Refunding Bonds can only be issued if the issuance will result in interest cost savings that will be passed onto District property taxpayers. 

(a)        Bond Resolution.  This Resolution authorizes the issuance of Refunding Bonds, specifies the basic terms, parameters and forms of the Refunding Bonds, and approves all related documentation including the form of Purchase Contract, Preliminary Official Statement, and Continuing Disclosure Certificate described below.  In particular, the Resolution establishes the maximum aggregate principal amount of the Refunding Bonds to be issued ($110,000,000), the maximum underwriting discount (0.35%) with respect to the Refunding Bonds and authorizes the Refunding Bonds to be sold at a negotiated sale to Raymond James & Associates, Inc. (“Lead Underwriter”), on behalf of itself and RBC Capital Markets, LLC (together, the “Underwriters”).  The resolution approves the issuance of only current interest bonds (no capital appreciation bonds), requires that savings be achieved, and requires that the maximum term of the Refunding Bonds does not extend beyond the Prior Bonds to be refunded.  In order to comply with federal tax requirements relating to advance refinancings, the Refunding Bonds will be issued on a federally taxable basis.

(b)        Form of Purchase Agreement.  The form of Purchase Agreement is approved in the Resolution.  Pursuant to the Purchase Agreement, the Underwriters will agree to buy the Refunding Bonds from the District.  All the conditions of closing the transaction are set forth in this document, including the documentation to be provided at the closing by various parties.  Upon the pricing of the Refunding Bonds, the final execution copy of the Purchase Agreement will be prepared following this form.  District staff are authorized, working with the financing team. to finalize, and execute, the Purchase Agreement.

(c)        Form of Preliminary Official Statement.  The Preliminary Official Statement (“POS”) is the offering and disclosure document describing the Refunding Bonds which, when in final form, will be distributed to prospective purchasers of the Refunding Bonds.  The POS discloses information so investors can make an informed investment decision and is subject to securities law standards regarding including all material disclosure without material omissions. Disclosures include (i) the proposed uses of proceeds of the Refunding Bonds, (ii) the terms of the Refunding Bonds (interest rate, redemption terms, etc.), (iii) the security for repayment of the Refunding Bonds (the ad valorem property tax levy), (iv) information with respect to the District’s tax base (upon which such ad valorem property taxes may be levied), (v) District financial and operating data, (vi) continuing disclosure with respect to the Refunding Bonds and the District, and (vii) absence of material litigation and other miscellaneous matters expected to be of interest to prospective purchasers of the Refunding Bonds.  Following the pricing of the Refunding Bonds, a final Official Statement for the Refunding Bonds will be prepared, substantially in the form of the POS.  The Resolution authorizes District staff, working with the financing team, to continue to make edits and to bring this document into final form before release to potential investors.

This meeting will adjourn to a regular meeting scheduled for Thursday, October 3, 2019, at 5:30 p.m. in the district office board room: 1651 16th St., Santa Monica, CA.