The Presiding Officer will call the meeting to order at 5:30 p.m. before the Board Recesses to Closed Session.  The Regular Meeting will convene by 7:00 p.m. 

The Board may recess into Closed Session before or after the public meeting under the authority of the Brown Act (including but not limited to Government Code section 54954.5, 54956.8, 54956.9, 54957, 54957.6, as well as Education Code section 35146).  Under Government Code section 54954.3, members of the public may address the board on an item on the Closed Session agenda, before Closed Session.

Board members and the Superintendent are given the opportunity to address any issue.  

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:      Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       May 6, 2020
SUBJECT:     Approval of Human Resources Reports

BACKGROUND INFORMATION:
On a regular basis, staff presents Human Resources Reports listing employment actions for the Board to approve officially. Please refer to attached reports for details.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:        Brent Stephens, Ed. D., Superintendent
FROM:        Samantha Tobias-Espinosa, Assistant Superintendent
DATE:          May 6, 2020
SUBJECT:  Approval of BCCE COVID-19 MOU

BACKGROUND INFORMATION:

Approval of the following BCCE MOU that was signed since the last board meeting of April 15, 2020, is being requested:

• Impacts of COVID-19 Pandemic, Part 4

BERKELEY UNIFIED SCHOOL DISTRICT

To: Board of Education
From: Brent Stephens, Superintendent
Re: 11.5. Approval of Stipend Payment to Unrepresented Managers and Confidential Staff for Work Related to COVID-19 Response
Date: May 6, 2020

BUSD has entered into temporary agreements with BCCE, UBA, and Local 21 to provide a 5% pay increase to employees who are required to work during the period from March 16, the first day of school closures and a six county Shelter-in-Place order, to April 30, 2020. 

As recognition of the workload demands during this period, the Board of Education approves a one-time stipend of $750 for each of the 22 unrepresented managers and 4 confidential employees in the district for their work during the March 16-April 30 period.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens Ed. D, Superintendent
FROM: John Calise, Executive Director of Facilities
DATE: May 6, 2020
SUBJECT: Approval of Resolution 20-057 Awarding Lease-Leaseback services (increment #1), and Amendment #1 to Alten Construction for the Berkeley High School Classroom Building A + Theater Renovations Project

PURPOSE:
Ensuring that major District construction projects are built within budget and on schedule, utilizing the most appropriate and collaborative project delivery method, the Berkeley Community Theatre project is using the Lease-Leaseback delivery method. The purpose of the attached documents is to authorize Alten Construction to begin the scope of work as described in increment #1.

BACKGROUND INFORMATION: 
The Lease-Leaseback project delivery method is authorized under Education Code 17406, which was recently (2016) updated by the Legislature and Governor to ensure transparency, accountability, and strong processes for “best value” selection of Contractor/Developer entity to build school district projects. Facilities staff presented the Lease-Leaseback option to the Board at its meeting on March 13, 2019 and the Board approved Lease-Leaseback as a project delivery method for future projects.
The Board approved the Resolution #19-028 approving the Request for Proposals for Lease-Leaseback Services on the Berkeley High School Classroom Building A + Theater Renovations project at its meeting of April 24, 2019. Additionally, Resolution #20-001 was approved by the Board on August 21, 2019 authorizing the District to enter into a preconstruction contract with Alten Construction.

To move forward with the construction of the Lease-Leaseback contract for the Berkeley Community Theatre project, the next step is to authorize a contract with Alten Construction for increment #1. A collaborative approach was used to determine the contract price for increment #1 of the project. The prime contractor and the mechanical, electrical and plumbing subcontractors have all been prequalified with the District.

POLICY/CODE:
Education Code Section 17406, 17400(b)(1), 17406(a)(2)(A)

FISCAL IMPACT:
Cost of award by this action is $2,212,087. plus, an allowance (not to exceed) of $221,208. (10% Contingency) to be paid from Measure I Funds. All Cost are contained within the project budget.

STAFF RECOMMENDATION:
Approval of Resolution #20-057 and Amendment #1

RELATED PAST BOARD ITEMS:
February 20, 2019 Presentation on Lease-Leaseback Project Delivery Methods. March 13, 2019 approval of Lease-Leaseback Project Delivery Method for future projects. April 24, 2019 Resolution #19-028, August 21, 2019 Resolution #20-001

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        John Calise, Executive Director of Facilities
DATE:        May 6, 2020
SUBJECT:  Authorization to Approve a Change Order for the West Campus Modernization Project and Approval of Futility Resolution 20-056

BACKGROUND INFORMATION:
On May 8, 2019 the Board awarded a contract to Arntz Builders. The project is for a modernization of the West Campus.  The project is not yet complete.  The bid was awarded for 5,538,030.  Staff can negotiate scope and price increases up to a maximum of a 10% increase in the total project. 

On November 6, 2019, the Board received a presentation on the scope that would be added to the West Campus project to accommodate the need to relocate Oxford to West Campus.  At the time there was a rough estimate communicated to the Board of a possible $10,000,000 increase in the project cost.  No reallocation was done at this time.  On February 19, 2020, a Measure I reallocation plan was brought to the Board to allocate the additional funds needed to complete the project. 

The significant changes and additions to the scope of the project have generated the change orders and additional costs to the project.  These factors have included a refined scope to the interior and exterior spaces of the campus.

When a project has more than a 10% change order total, counsel states that a futility resolution is needed.  Attached to this cover memo is that futility resolution.

POLICY/CODE:
California Public Contract Code 20110- 20118.

FISCAL IMPACT:
The project is funded through Measure I.  The final change order percentage will return to the Board when the project is recommended for acceptance. 

STAFF RECOMMENDATION:
Approve a Change Order for the West Campus Modernization Project and approve Futility Resolution 20-056.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Brent Stephens, Ed.D., Superintendent
FROM:  John Calise, Executive Director of Facilities
DATE:  May 6, 2020
SUBJECT:  Approval of a Contract with Ray’s Electric as a General Contractor for the Transportation Department Electric Vehicle Chargers Project – Resolution # 20-052

BACKGROUND:
The Transportation Department Electric Vehicle Chargers Project supports the new electric busses BUSD will be receiving.

The Transportation Department Electric Vehicle Chargers Project has undergone a competitive bidding process. The project was publicly advertised two times before the bid opening as required per Public Contract Code. Mandatory pre-bid site walk occurred on April 8th where nine contractors attended. Prime contractors and subcontractors were solicited to participate. Prime contractors and mechanical, electrical and plumbing subcontractors were prequalified to bid on this project. Bids were received on April 22, 2020. The bid results were as follows:

Three bids were received. The lowest responsible bidder is Ray’s Electric.

Accompanying approval of award of contract, and provided by Education Code section 17604, District staff requests an allowance for change order(s) to be used at the District’s sole discretion, up to ten percent (10%) of the original contract price, subject to Board ratification of the change order(s).

FISCAL IMPACT:
Cost award by this action: $335,000 plus an allowance not to be exceeded of $33,500 to be paid from Measure AA bond funds. All costs are contained within the project budget.

RECOMMENDATION:
Approve a contract with Ray’s Electric as a general contractor for the Transportation Department Electric Vehicle Chargers Project including the above allowance and approve Resolution #20-052.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Brent Stephens, Ed.D., Superintendent
FROM:  John Calise, Executive Director of Facilities
DATE:  May 6, 2020
SUBJECT:  Approval of a Contract with Mar Con Builders, Inc. as a General Contractor for the Longfellow Gates Project and Approve Resolution # 20-053

BACKGROUND:
The Longfellow Gates Project supports the safe student crossing from the main Longfellow Campus to the cafeteria building.

The Longfellow Gates Project has undergone a competitive bidding process. The project was publicly advertised two times before the bid opening as required per Public Contract Code. Mandatory pre-bid site walks occurred on April 1^st and 8th where 4 contractors attended. Prime contractors and subcontractors were solicited to participate. Prime contractors and mechanical, electrical and plumbing subcontractors were prequalified to bid on this project. Bids were received on April 15, 2020. The bid results were as follows:

Four bids were received. The lowest responsible bidder is Mar Con Builders, Inc.

Accompanying approval of award of contract, and provided by Education Code section 17604, District staff requests an allowance for change order(s) to be used at the District’s sole discretion, up to ten percent (10%) of the original contract price, subject to Board ratification of the change order(s).

FISCAL IMPACT:
Cost award by this action: $149,153 plus an allowance not to be exceeded of $14,915.30 to be paid from Measure I bond funds. All costs are contained within the Measure I project budget.

RECOMMENDATION:
Approve a contract with Mar Con Builders, Inc. as a general contractor for the Longfellow Gates Project including the above allowance and approve Resolution # 20-053.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Brent Stephens Ed. D, Superintendent
John Calise, Executive Director of Facilities
DATE: May 6, 2020
SUBJECT: Facilities Plan Modifications: Measure I Program Budget Adjustments

PURPOSE:
To ensure that the Measure I Program Budgets are updated and reflect current project funding requirements and current program revenue projections.

BACKGROUND:
The Board approved the Measure I Reallocation Plan budget in January 2018. There have been additional plan updates as noted below. On January 23, 2019, May 29, 2019, September 4th, 2019, December 11th, 2019, and February 19, 2020 there were approved modifications to this plan. On April 22, 2020 the Board approved the latest revisions to the Measure I Program Budget. At this time, it is appropriate to consider the following modification to Measure I program budget. See the attached Measure I Program Budget worksheet.

1. Create a project budget for the necessary follow-on project to the Longfellow Middle School Cafeteria project. This new follow-on project is to install the necessary barriers and safety measures to ensure a safe street crossing for students and staff between the main campus and the cafeteria building located across the street.
2. Update additional project projects as highlighted to show actual project expenses versus the originally approved budgets. This allows the facilities department to clearly show an accurate accounting of the programs unallocated fund balance and project costs

FISCAL IMPACT:
Cost Neutral All costs are contained within Measure I.

RECOMMENDATION:
Approve the transfer of funding from the unallocated fund balance, to the Longfellow Follow-On Project and transfer funds for additional projects from the remaining Measure I balance. All costs are contained within the Measure I Program and updated expenditure budget. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent
FROM: John Calise, Executive Director of Facilities
DATE: May 6, 2020
SUBJECT: Approval of Resolution # 20-055 – Disposition of Surplus Property

BACKGROUND:
The Facilities Department has been working with the Berkeley High School Theater Manager, Vice Principal and Building A staff to prepare for moving all costumes, theater equipment, stage props, art displays and other stored items out of the basement of the Berkeley Community Theater. We have had several meetings with staff starting in Fall 2019 to discuss the process of categorizing items to be labeled into four (4) categories:

1. Long term storage: items that will not be needed for the next two years while construction is in progress
2. Short-term storage: items that will be needed during 1-2 times each year to be stored off-site
3. Move: items to be relocated on site in portables, containers or classrooms
4. Surplus: items that are no longer used or needed

Education Code Section 35168 requires school districts to establish an inventory system of all assets. Visions Management was brought on to inventory more than 1,700 items currently housed in the BCT basement. Each item was bar coded with an asset identification number, photographed and reviewed by staff to determine the item’s disposition. Options for items deemed surplus include: e-waste, auction, recycle or donate.

FISCAL IMPACT:
Contract award by this action: none

RECOMMENDATION:
Approve items to be considered surplus for Disposition – Resolution 20-055

    BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Brent Stephens, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities      
DATE:            May 6, 2020
SUBJECT:    Accept the Completion of an Energy Service Contract with Schneider Electric for the Equipment replacement at the BHS Jacket Pool covered under Proposition 39 and Approve Resolution Number 20-054

BACKGROUND INFORMATION:
On May 8, 2019, the Board awarded an energy service contract to Schneider Electric Buildings Americas, Inc. to replace the mechanical equipment at the pool to improve energy efficiency.   The project is now complete and staff requests Board acceptance of the project which will allow filing a Notice of Completion with the County and permit release of retention.

POLICY/CODE:
California Public Contract Code 20110-20118. 

FISCAL IMPACT:
The project was funded with Proposition 39 funds. The original contract award was $552,000.  The project had no change orders.  The total amount spent for the project was $552,000. 

RECOMMENDATION:
Accept the project as complete and approve resolution number 20-054

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed. D., Superintendent
FROM: Pauline Follansbee, Asst. Superintendent of Business Services
DATE: May 6, 2020
SUBJECT: Approval of Contracts/Purchase Orders for Services Contracts 

BACKGROUND INFORMATION:
The District contracts with consultants or independent contractors who can provide valuable and necessary specialized services not normally required on a continuing basis. The following contract services are requested. Expenditures are within budget.

1. UCSF Benoiff Children’s Hospital to provide certified athletic trainer for Berkeley High School for the 2019/20SY. The cost will not exceed $31,625. To be paid from General Fund. Requested by Erin Schweng.
2. Emics (Informed K12) to provide workflow automation services to Human Resources for the 2019/20SY. The cost will not exceed $30,000. To be paid from General Fund. Requested by Samantha Tobias-Espinosa.
3. Corovan to provide moving services for the move of Oxford Elementary to the West Campus. The cost will not exceed $14,769. To be paid from Measure I. Requested by John Calise.
4. Increase in contract, PO#200820 to Hanabi Augusine Albany Judo, to provide additonal afterschool enrichment classes at Thousand Oaks Elementary School. Original contract issued 9/9/20 for $5,600. The additional amount needed is $8,225 for a total amount of $13,825. To be paid from PTA Donations. Requested by Aaron Jorgensen.
5. Increase in contract, PO#201964 to Colbi Technologies, to provide construction contractor prequalification services for the Measure I Program. The Board originally approved $21,825 on 11/20/19. The additional amount needed is $13,175 for a total amount of $35,000. To be paid from Measure I. Requested by John Calise.
6. Increase in contract, PO#201910 to CTS, to provide special inspection services for the West Campus Capacity Increment 1 Project. Original contract issued 3/11/20 for $7821. The additional amount needed is $48,620 for a total amount of $56,441. To be paid from Measure I. Requested by John Calise. 
7. Increase in contact with McMillian Security Service, to provide security access control services for the gates at West Campus Buildings D and E. The Board originally approved $50,193 on 4/15. The additional amount needed is $15,000 for a total contract amount of $65,193. To be paid from Measure I. Requested by John Calise.
8. Herff Jones, LLC, to provide a virtual commencement solution for the District for the 2019/20SY. The cost will not exceed $27,000. To be paid from the General Fund. Requested by Brent Stephens.
   
   

POLICY/CODE:
Public Contract Code: 20111
Board Policy 3310

STAFF RECOMMENDATION:
Approve the contracts with Consultants or Independent Contractors as submitted.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Brent Stephens, Ed. D., Superintendent
FROM:          Bajé Thiara, Associate Superintendent, Educational Services  
DATE:            May 6, 2020
SUBJECT:    Approval of Master Contract for Residential Nonpublic School for 2019-2020 School Year

BACKGROUND INFORMATION
The District contracts with residential nonpublic schools, when necessary to provide an appropriate placement, special education, residential treatment and/or related services if no appropriate public education program is available.  For students requiring residential treatment, the cost is for tuition for the educational program and services, room and board, mental health treatment.  An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services. 

A Residential Treatment Center (RTC) provides students with a high-quality of care to support students’ mental health needs that require a full continuum of care. A student may require residential treatment when available school and community-based resources have been exhausted and have not successfully addressed the student's needs.

Services are provided pursuant to Ed. Code Section 56034 and 56366. Students enrolled in residential nonpublic schools are deemed enrolled in public schools. 

POLICY/CODE:
Education Code 56034, 56366           

FISCAL IMPACT:
Not to exceed $43,575.00from the Special Education Budget which may require an additional contribution from the General Fund.

STAFF RECOMMENDATION:
Approve the Master Contract for the Residential Nonpublic School listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

To:  Board of Education
From:  Brent Stephens, Superintendent
Re:  Resolution, Federal Education Funding in Light of Impacts Associated with COVID-19 Pandemic
Date:  May 6, 2020

The COVID-19 pandemic has forced school districts and county offices of education to rapidly adapt under constantly changing and challenging circumstances to continue to deliver high-quality education to all students while safeguarding public health. The Board of Education of the Berkeley Unified School District calls on our Congressional delegation, inclusive of our United States Senators and House of Representatives, and the Governor of California to advocate for additional federal funding to prioritize stable public school funding.Teachers shall continue to provide instruction, assignments and assessments using distance learning tools and resources.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Brent Stephens, Ed.D., Superintendent   
FROM:          Pauline Follansbee, Assistant Superintendent  
DATE:           May 6, 2020
SUBJECT:    Approve Resolution 20-051 to Designate Authorized Agents to Receive Federal Public Assistance Grants 

BACKGROUND INFORMATION:
On March 13, 2020, the President declared a National Emergency Declaration resulting from the Coronavirus (COVID-19) Pandemic, and made Federal funds available for Public Assistance Grants.  Grants are awarded by the Federal Emergency Management Agency (FEMA), and can be used for emergency protective measures including purchase and distribution of personal protective equipment (PPE), communications of general health and safety information, and actions to protect public safety.

The Grant is administered by the California Governor’s Office of Emergency Services, and the application process requires the District to complete a CalOES Form 130 (Form 130).

Form 130 requires a resolution to be filed to designate an authorized agent to receive funding.  The authorized agents for Berkeley Unified School District is the Assistant Superintendent of Business Services or her designee.  This is a universal resolution and is effective for all open and future disasters up to three (3) years following the approval date of May 6, 2020.3 

FISCAL IMPACT:
None. 

STAFF RECOMMENDATION:
Adopt Resolution 20-051 to designate the Assistant Superintendent or her designee as authorized agents to receive Federal Public Assistance Grants.

BERKELEY UNIFIED SCHOOL DISTRICT

To: Board of Education

From: Brent Stephens, Superintendent

Pauline Follansbee, Assistant Superintendent, Business Services

Re: Approve Directions to BUSD Staff to Identify Budgeting Strategies in the Event of Further Reductions in State Revenue for 20-21

Date: May 6, 2020

On March 11 and April 15, 2020, the Board of Education took action to approve reductions to General Fund expenditures for the 2020-2021 school in the amount of $1,295,000. These reductions to next year's spending are intended to ensure BUSD’s fiscal stability in light of reductions in the January Governor’s Proposed Budget to the Cost of Living Adjustment (COLA) for the 2020-2021 school year from 3% to 2.29%.

Tonight’s action by the Board directs staff to identify an additional $2,000,000 in possible reductions to the General Fund in the event of further reductions in state funding to BUSD. The Board takes this action in response to widespread media reports of a coming recession in California due to the COVID-19 pandemic.

Tonight’s action does not require an additional $2,000,000 in reductions; rather, the Board directs staff to prepare plans for these reductions in the event that they might be necessary. The Board will hear proposals from staff for further reductions at subsequent Board meetings, and will approve additional reductions if they appear to be necessary.

BUSD will receive updated budget projections from the state later in May.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Board of Education  
FROM:          Brent Stephens Ed. D, Superintendent
John Calise, Executive Director of Facilities
DATE:            May 6, 2020  
SUBJECT:      Feasibility Analysis

PURPOSE:
Perform an architectural and constructability analysis to increase handwashing capacity at BUSD campuses in response to the COVID-19 pandemic

BACKGROUND INFORMATION:
As a response to the current COVID-19 pandemic and in the interest of student and staff health, the Facilities Division is working to determine if handwashing capacity at BUSD campuses can be increased.  The Facilities Division has been in discussion with HY Architecture to perform a feasibility and constructability analysis of all District campuses to better understand the possibility of adding additional handwashing facilities across the District.  

Although a feasibility analysis is not always required, in this case, such an analysis will afford the District the opportunity to understand and study some of the considerations and implications.  These items include, but are not limited to new accessible path of travel, encroachment on existing accessible path of travel, constructability, plumbing capacity, compliant fixtures and a program analysis of the intended use.  For example, understanding the best locations to install new fixtures for ease of use and accessibility. 

FISCAL IMPACT:
The contract needs to be negotiated, however we expect the cost of this analysis not to exceed $75,000.  All cost would be contained in the Program Expense Budget of Measure I.

RECOMMENDATION:
Approval of a feasibility and constructability analysis by HY Architects to better understand the cost and construction implications that a project will have on the reopening of District facilities in the fall. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:               Board of Education
FROM:           Brent Stephens, Superintendent of Schools and
Natasha Beery, Director of BSEP and Community Relations
DATE:            May 6, 2020
SUBJECT:    Recommendation for BSEP and BERRA Funds in 2020-21: BSEP Measure Oversight, Communications and Community Engagement; BERRA Measure Oversight

BACKGROUND INFORMATION:
The Berkeley Schools Excellence Program (BSEP), funded by Measure E1 of 2016, allocates two percent (2%) of revenues to “support of the Planning and Oversight Committee and School Site Councils, and community engagement, communications and public information services.” [BSEP Measure E1 of 2016, Section 9A]

POLICY/CODE:
Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1), Section 3b;

Berkeley Public Schools Educational Excellence Act of 2008 (Measure A), Section 6A;

and Berkeley Educator’s Recruitment and Retention Act of 2020 (Measure E), Section 2A.

FISCAL IMPACT:
Expense to the BSEP Measure E1 Resources for BSEP Measure Oversight, Communications, and Community Engagement is projected to total $632,200.

Expense to the BSEP Measure A Carryover Resources for BSEP Measure Oversight, Communications, and Community Engagement is projected to total $52,000.

Expense to the BERRA Measure E Resources for BERRA Measure Oversight is projected to total $90,400.

STAFF RECOMMENDATION:
Approve the recommendation for expenditure of BSEP Funds for Oversight, Communications, and Community Engagement and of BERRA Funds for Measure Oversight for FY 2020-21.

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in for the earlier open session public testimony will be given priority.  Speakers will be randomly selected based on topic and position, with BUSD students generally given priority.  Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President.