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Regular Meeting
Berkeley USD
June 09, 2021 5:00PM
ZOOM Webinar

1. Call to Order - 5:00 PM
Quick Summary / Abstract:

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


2. Closed Session Public Testimony
3. Closed Session
Quick Summary / Abstract:

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.

3.1. Superintendent Evaluation (Government Code Section 54957)
4. Call to Order - 7:00 PM
5. Approve Regular Meeting Agenda of June 9, 2021
6. Student Presentation (10 min) : Vote 16 Update
7. Recognition: Reclassification Ceremony
8. Report on Closed Session
9. Open Session Public Testimony (1st Opportunity)
Quick Summary / Abstract:

 

10. Union Comments
Quick Summary / Abstract:
Representatives from each union are given the opportunity to address the Board on any issue, 5 minutes per union. (Order rotates).
11. Committee Comments
Quick Summary / Abstract:
Representatives from District committees that include members of the public are given the opportunity to address the Board on any issue.  5 minutes per committee.
12. Board Member and Superintendent Comments
Quick Summary / Abstract:

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

13. Consent Calendar - approval requested
13.1. Approval of Position Control Report
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:       Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       June 9, 2021
SUBJECT:     Approval of Position Control Update Report

BACKGROUND INFORMATION:

On a regular basis, staff presents a Position Control Report listing actions that increase, decrease, or change the funding of positions in the District for the Board to approve officially. The first report was brought to the Board for approval on November 4, 2020 to establish a common understanding of the positions that were established as of October 30, 2020. An update report will be presented to the Board for approval whenever changes occur.






 
Attachments:
Position Control Changes 06.09.21
13.2. Approval of Tentative Agreement with the Berkeley Federation of Teachers (BFT) for Successor Agreement for 2021-22
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed. D., Superintendent
FROM:        Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:         June 9, 2021
SUBJECT:  Tentative Agreement with the Berkeley Federation of Teachers (BFT) for Successor  Agreement for 2021-22

BACKGROUND INFORMATION:
The District and the Berkeley Federation of Teachers (BFT) are parties to a collective bargaining agreement that ended June 30, 2021. On May 26, 2021, representatives for the District and BFT reached a Tentative Agreement (TA) to enter into a successor Memorandum of Understanding (MOU), completing all matters of negotiation through June 30, 2022. The BFT membership ratified this Tentative Agreement on June 4, 2021.

 This tentative agreement is effective July 1, 2021 through June 30, 2022, and covers an on-schedule salary increase of 1% for 2021-22, and an additional one time off schedule payment of 3.5% for 2021-22. The District has agreed to share fifty percent of the increase in benefits at the Kaiser rate for 2022.

The agreement also provides a 4.5% ongoing raise and two additional steps on the pay schedule for Early Childhood Education Teachers and creates a Bilingual Authorization Stipend. In addition, stipend compensation for Bilingual Speech Language Pathologists and Speech Language Pathologist Mentor was added. Language was added that allows for implementation of a middle school advisory period, an extension for veteran teacher evaluation, and to simplify the operation of our Visual and Performing Arts Music Program.  An agreement was reached to increase for the 2021-22 school year for the hourly teaching wage to $50 per hour for time working with students. Changes were made to match current practice in the areas of National Board Certification stipends and Teacher Induction Program Mentor stipends. Clarifing language was added in the area of Special Education Assessment, Student Information System, and Leave reporting. 

FISCAL IMPACT

The General Fund will have an ongoing increase in salaries and benefits of $1.3 million for negotiated increase in salary for 2021-22 as well as $81,000 for additional cost of negotiated items. Fund 12 the Child Development Fund will have an ongoing increase in salaries of $200,000. One time funding will be used for the negotiated one time cost of $3.7 million for 2021-22.

STAFF RECOMMENDATION

Approve the Tentative Agreements for the collective bargaining agreement with BFT for the contract year 2021-22.

POLICY/CODE:
California Government Code Section 3547 and Board Policy 4143.1 and 4243.1













 
Attachments:
BFT Tentative Agreements 2021-22
13.3. Approval of Job Description for Adult Program Language (EL) Examiner
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Brent Stephens, Superintendent
FROM: Samantha Tobias-Espinosa, Assistant Superintendent of Human Resources
DATE: June 9, 2021
SUBJECT: Job Description for Adult Program Language (EL) Examiner

BACKGROUND INFORMATION:

Attached is the job description for the new Classified position: Adult Program Language (EL) Examiner. 

The Adult Education Program, in concurrence with the Personnel Commission, is requesting a new classification of the Adult Program English Language (EL) Examiner.  The Adult Education Program is currently staffed with a Clerical Assistant III to support its English language examination and assessment activities for it's incoming English language learners.  Following a reclassification request from the incumbent, a desk audit performed in April 2021 by the Interim Executive Director of Classified Personnel confirmed that the level of expertise needed was above the current classification responsibilities and recommended a specific classification be established.  This is a specialized position which requires extensive knowledge of adult learners with English learning needs, Education Code, District standards and policies.

The employee in this position must work autonomously, confidentially and efficiently to engage with Adult Education English language learners to effectively and efficiently ensure adult English learners undergo examination and assessment processes and understand the subsequent steps necessary for placement in the appropriate English language learner curriculum.

As a Classified position, this job description will be reviewed by the Personnel Commission who will place the position on the salary schedule.

STAFF RECOMMENDATION:

Approve the job description for Adult Program Language (EL) Examiner.



 
Attachments:
Job Description- Adult Program English Language Examiner Draft
13.4. Approval of Contracts/Purchase Orders for Services Contracts
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:         June 9, 2021
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.Airteks,to provide HVAC services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $25,000. To be paid from Measure H. Requested by Steve Collins.
  • 2.Anderson Carpet, to provide flooring services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $45,000. To be paid from Measure H. Requested by Steve Collins.
  • 3.Aramark Uniforms, to provide uniform laundry services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
  • 4.Bay Cities Pyrotector, to provide fire systems inspections and services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $85,000. To be paid from Measure H. Requested by Steve Collins.
  • 5.Bills Ace Truckbox, to provide equipment for work vans for the Maintenance Department for the 2021-22 SY. The cost will not exceed $25,000. To be paid from Measure H. Requested by Steve Collins.
  • 6.Bosco, to provide general contracting services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $45,000. To be paid from Measure H. Requested by Steve Collins.
  • 7.Burris Window Shades, to provide window/shade services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $12,000. To be paid from Measure H. Requested by Steve Collins.
  • 8.CCI Construction, to provide construction services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $35,000. To be paid from Measure H. Requested by Steve Collins.
  • 9.DeWalt Services, to provide operable backboard services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
  • 10.Dinelli Plumbing, to provide plumbing services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $25,000. To be paid from Measure H. Requested by Steve Collins.
  • 11.DRT Paving, to provide paving services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $70,000. To be paid from Measure H. Requested by Steve Collins.
  • 12.Fernando D. Caldera (aka Bay Area Tree Care), to provide tree care services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $40,000. To be paid from Measure H. Requested by Steve Collins.
  • 13.Golden Gate Fire Equipment, to provide fire extinguisher services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $11,000. To be paid from Measure H. Requested by Steve Collins.
  • 14.Herc Equipment Rentals, to provide rental services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $15,000. To be paid from Measure H. Requested by Steve Collins.
  • 15.Hydropoint, to provide installation of new SMART irrigation at three District sites and to provide monitoring services for all sites using SMART irrigation, for the Maintenance Department for the 2021-22 SY. The cost will not exceed $20,000. To be paid from Measure H. Requested by Steve Collins.
  • 16.H.Y. Floor and Gameline Painting, to provide repair and refinish wood floors services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $40,000. To be paid from Measure H. Requested by Steve Collins.
  • 17.Jet Mulch, to install engineered wood fiber at elementary and preschools services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $12,000. To be paid from Measure H. Requested by Steve Collins.
  • 18.Johnson Controls, to provide fire alarm services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $30,000. To be paid from Measure H. Requested by Steve Collins.
  • 19.Johnson Controls, to provide HVAC services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $40,000. To be paid from Measure H. Requested by Steve Collins.
  • 20.Lloyd F. McKinney, to provide A/V repair and installation services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
  • 21.MC Roofing, to provide roofing services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $25,000. To be paid from Measure H. Requested by Steve Collins.
  • 22.Norman S Wright, to provide/install Fan for the Maintenance Department for the 2021-22 SY. The cost will not exceed $25,000. To be paid from Measure H. Requested by Steve Collins.
  • 23.North American Fencing, to provide Fencing services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $25,000. To be paid from Measure H. Requested by Steve Collins.
  • 24.One Source, to provide boiler maintenance and repair services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $90,000. To be paid from Measure H. Requested by Steve Collins.
  • 25.Prime Mechanical, to provide HVAC services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
  • 26.Progress Advisor, to provide facility inspection software and support services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $12,000. To be paid from Measure H. Requested by Steve Collins.
  • 27.Roberto Ramirez, to provide tree pruning services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
  • 28.Roto Rooter, to provide plumbing services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $20,000. To be paid from Measure H. Requested by Steve Collins.
  • 29.Rudy’s Commercial, to provide mechanical services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $20,000. To be paid from Measure H. Requested by Steve Collins.
  • 30.Shoreline Environmental, to provide HAZMAT services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $20,000. To be paid from Measure H. Requested by Steve Collins.
  • 31.Solar Klean, to provide solar power services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $20,000. To be paid from Measure H. Requested by Steve Collins.
  • 32.Sun Light & Power, to provide solar power services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $20,000. To be paid from Measure H. Requested by Steve Collins.
  • 33.Syserco, to provide HVAC services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $90,000. To be paid from Measure H. Requested by Steve Collins.
  • 34.ThyssenKrupp, To provide services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
  • 35.United California Glass & Door, to provide door and gate maintenance and repair services for the Maintenance Department for the 2021-22 SY. The cost will not exceed $15,000. To be paid from Measure H. Requested by Steve Collins.
  • 36.AVID, to provide membership for college readiness program for Berkeley High School, Martin Luther King, Jr, Longfellow and Willard Middle Schools as well as provide middle school language learners and high school college preparatory coursework for the period from 7/1/21 – 6/30/22.The cost will not exceed $25,701.$22,716 and will be paid from LCAP and $2,985 will be paid from Title III funds.Requested by Michelle Sinclair.
  • 37.Aya Healthcare, to provide one RN for District Staff Summer COVID-19 testing and two LVNs for summer school student and staff COVID-19 testing for the period from 7/1/21 to 7/31/21.The cost will not exceed $29,740. To be paid from COVID Relief funds.Requested by Phillip Shelley.
  • 38.Ballard & Tighe, to provide Digital Champion Teacher ELD subscription and license for the period of 7/1/21 – 6/30/22..The cost will not exceed $51,000. To be paid from Title III funds.Requested by Michelle Sinclair.
  • 39.Bay Area Community Resources, to provide behavioral health and counseling services at Cragmont, Emerson, Malcolm X, Oxford, Ruth Acty and Thousand Oaks Elementary schools for the period of 7/1/21 – 6/30/22.The cost will not exceed $78,000. To be paid from Extended Learning Opportunities Grant.Requested by Michelle Sinclair.
  • 40.Berkeley Public Schools Fund, to provide services by Angie Won to provide Summer School Curriculum consulting from 7/1/21 to 6/30/22.The cost will not exceed $22,000. To be paid from Extended Learning Opportunities Grant.Requested by Aaron Jorgensen.
  • 41.Winn Burda, to provide COVID Risk Management Services at the BUSD school sites for the period of 7/1/21 to 8/31/21.The cost will not exceed $23,000. To be paid from GEER 1 funds.Requested by John Calise.
  • 42.Child Therapy Institute, to provide behavioral health and counseling services at Berkeley Arts Magnet and Washington Elementary Schools from 7/1/21 to 6/30/22.The cost will not exceed $26,000. To be paid from Extended Learning Opportunities Grant.Requested by Michelle Sinclair.
  • 43.Cyber High, to provide access to client users for courses, curriculum, tools and resources for Berkeley High School and Berkeley Technology Academy for the period from 7/1/21 - 6/30/22. The cost will not exceed $25,193. To be paid from Lottery funds.Requested by Michelle Sinclair.
  • 44.Newsela, to provide online ELA/ELD news subscription services to the middle schools for the period of 7/1/21 – 6/30/22.The cost will not exceed $32,610. To be paid from ESSER II funds.Requested by Michelle Sinclair.
  • 45.Community Alliance for Learning, to provide the WriterCoach Connection Program at Martin Luther King, Jr, Longfellow and Willard Middle Schools.The cost will not exceed $67,590. To be paid fromExtended Learning Opportunities Grant.Requested by Debbie Dean.
  • 46.Aramark Uniform, to provide services to supply and launder uniforms for Operations for the 2021-22 SY. The cost will not exceed $20,000. To be paid from General Fund.Requested by Raymond Young.
  • 47.Certech, to provide pest control management services as needed by Operations for the 2021-22 SY. To be paid from General Fund. The cost will not exceed $60,000. To be paid from General Fund. Requested by Raymond Young.
  • 48.City of Berkeley Toxic Management Division, to provide hazardous and toxic materials oversight services as needed Districtwide for the 2021-22 SY. The cost will not exceed $13,000. To be paid from General Fund. Requested by Raymond Young.
  • 49.InFocus Video, to provide new security cameras and installation services as needed by Operations for the 2021-22 SY. The cost will not exceed $50,000. To be paid by General Fund. Requested by Raymond Young.
  • 50.Sentry Alarms, to provide alarm monitoring services as needed by Operations for the 2021-22 SY. The cost will not exceed $60,000. To be paid by General Fund. Requested by Raymond Young.
  • 51.ServPro, to provide fire and water cleanup and restoration services as needed by Operations for the 2021-22 SY. The cost will not exceed $10,000. To be paid by General Fund. Requested by Raymond Young.
  • 52.Shoreline Environmental Resources, to provide Hazmat services as needed by Operations for the 2021-22 SY. The cost will not exceed $40,000. To be paid by General Fund. Requested by Raymond Young. 

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

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

 
13.5. Approval of Payroll Warrants Issued in May 2021
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         June 9, 2021
SUBJECT: Approval of Payroll Warrants Issued in May 2021

BACKGROUND INFORMATION:
On a regular basis, the Board receives information on the total amount paid employees during a month.  The attached represents a summary of pay warrants from various funds for the month of May, 2021.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$9,789,289.90, for May 2021 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in May, 2021.

 
Attachments:
PAYROLL WARRANTS FOR MAY 2021
13.6. Approve Listing of Fiscal Warrants issued in May 2021Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:         June 9, 2021
SUBJECT: Approve Listing of Fiscal Warrants issued in May 2021

BACKGROUND:
Each month the District writes several checks to vendors for services provided and goods received.  The checks are written against both the Restricted and Unrestricted General Fund.  The summaries of warrants for the month of December is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
10,583,037.63 for the month of May 2021 from various funds.  

STAFF RECOMMENDATION: 
Approve the monthly bill warrant list for the month of May 2021.

 
Attachments:
FISCAL WARRANTS MAY 2021
13.7. Approval of Purchase Orders for Parts, Repairs & Services for Transportation for 2021-2022
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed. D., Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent of Business Services
DATE:            June 9, 2021
SUBJECT:     Approval of Purchase Orders for Parts, Repairs & Services for Transportation FY 2021-2022 

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. A-Z Bus Sales to provide parts for Fleet Maintenance (Diesel, Unleaded, Electric, CNG School Buses). The cost will be $35,000 for 2021-2022 Fiscal Year. To be paid from object General Fund. Requested by Sheila Collier.
  2. Cummins Pacific LLC to provide parts for Fleet Maintenance (Cummins Manufacturer Diesel Engines for School Buses). The cost will be $10,000 for 2021-2022 Fiscal Year. To be paid from the General Fund.  Requested by Sheila Collier.
  3. Fastenal to provide parts to Fleet Maintenance (School Buses; Maintenance Dept. Vehicles & District-Wide Vehicles). The cost will be $20,000 for 2021-2022 Fiscal Year. To be paid from the General Fund.  Requested by Sheila Collier.
  4. Interstate Battery to provide batteries to Fleet Maintenance (School Buses, Maintenance Dept. Vehicles/Equipment & District-Wide Vehicles). The cost will be $10,000 for 2021-2022 Fiscal Year. To be paid from General Fund, Requested by Sheila Collier.
  5. Michael Stead’s Hilltop Ford to provide parts for Fleet Maintenance (Ford District-Wide Vehicles). The cost will be $10,000 for 2021-2022 Fiscal Year. To be paid from General Fund.Requested by Sheila Collier.
  6. Peterson Power Trucks to provide parts for Fleet Maintenance (Maintenance Dept. Vehicle/Equipment & District-Wide Vehicles). The cost will be $15,000 for 2021-2022 Fiscal Year. To be paid from General Fund.Requested by Sheila Collier.
  7. One Stop Auto Parts provide parts for Fleet Maintenance (Maintenance Dept. Vehicles/Equipment, Small School Buses & District-Wide Vehicles). The cost will be $10,000 for 2021-2022 Fiscal Year. To be paid from General Fund.Requested by Sheila Collier.
  8. A Z Bus Sales to perform repairs for Fleet Maintenance (School Buses). The cost will be $10,000 for 2021-2022 Fiscal Year. To be paid from General Fund.Requested by Sheila Collier.
  9. Coast Counties Truck & Equipment Company to perform repairs for Fleet Maintenance (Cummins Manufacturer Engines & Allison Transmissions for School Buses). The cost will be $10,000 for 2021-2022 Fiscal Year. To be paid from General Fund.Requested by Sheila Collier.
  10. Cummins Pacific LLC to perform repairs for Fleet Maintenance (Cummins Manufacturer Engines & Allison Transmissions for School Buses). The cost will be $13,000 for 2021-2022 Fiscal Year. To be paid from General Fund.Requested by Sheila Collier.

  11. Future Ford of Concord to perform repairs for Fleet Maintenance (Maintenance Dept. Vehicles & Small School Buses). The cost will be $10,000 for 2021-2022 Fiscal Year. To be paid from General Fund.Requested by Sheila Collier.
  12. J & O Commercial Tire to perform repairs/replace tires for Fleet Maintenance (School Buses, Maintenance Dept. Vehicles/Equipment & District Vehicles). The cost will be $20,000 for 2021-2022 Fiscal Year. To be paid from General Fund.Requested by Sheila Collier.
  13. Peterson Power Trucks to perform repairs for Fleet Maintenance (Maintenance Dept. Vehicles, Equipment & District-Wide Vehicles). The cost will be $10,000 for 2021-2022 Fiscal Year. To be paid from General Fund.Requested by Sheila Collier.
  14. Seven Eleven Auto Body Shop to perform auto body repairs for School Buses & District-Wide Vehicles. The cost will be $20,000 for 2021-2022 Fiscal Year. To be paid from General Fund.Requested by Sheila Collier.
  15. Safety Kleen to perform hazardous waste-oil deposal service, compliance for Fleet Maintenance. The cost will be $15,000 for 2021-2022 Fiscal Year. To be paid from General Fund.Requested by Sheila Collier.
  16. San Leandro Tow to perform towing service for Fleet Maintenance (School Buses, Maintenance Dept. Vehicles/Equipment & District-Wide Vehicles). The cost will be $10,000 for 2021-2022 Fiscal Year. To be paid from General Fund.Requested by Sheila Collier.
  17. Trillium (Fuel Account) to provide CNG fuel service for Transportation CNG School Buses, Maintenance Dept. CNG Vehicles. The cost will be $5,000 for 2021-2020 Fiscal Year. To be paid from General Fund.Requested by Sheila Collier.
  18. Diesel Direct (Fuel Account) to provide diesel fuel for Transportation Diesel School Buses, Maintenance Dept. Diesel Vehicles. The cost will be $25,000 for 2021-2022 Fiscal Year. To be paid from General Fund.Requested by Sheila Collier.
  19. Albany AM PM (Fuel Account) to provided unleaded fuel for Transportation Unleaded School Buses & Vehicles, Maintenance District Vehicles. The cost will be $25,000 for 2021-2022 Fiscal Year. To be paid from General Fund.Requested by Sheila Collier.

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


 
13.8. Authorization to Approve a Change Order for the Energy Services Contract with Syserco, Inc. for the Heating Controls Project at Three Sites and Approval of Futility Resolution 21-043
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D, Superintendent 
FROM: John Calise, Executive Director of Facilities
DATE: June 9, 2021
SUBJECT: Authorization to Approve a Change Order for the Energy Services Contract  with Syserco, Inc. for the Heating Controls Project at Three Sites and Approval of Futility Resolution 21-043

BACKGROUND INFORMATION:
On May 8, 2019, the Board awarded a contract to Syserco, Inc. for projects improving energy efficiency at the Adult School, King Middle School, Berkeley High School D&E Buildings. The work includes the replacement of the heating controls. This project was awarded through an energy services contract in accordance with Government Code with Government Code 4217.10.

The project is not yet complete.  The contract was awarded for a total of $441,185.  Staff can negotiate scope and price increases up to a maximum of a 10% increase in the total project.   

The changes and additions to the scope of the project have generated the change orders and additional costs to the project.   These factors that are driving these change orders are related to a variety of upgrades that were not included in the scope but add value to the project. These  items include:

  • Replacing controllers at Berkeley Adult School and King Middle School  

  • Unforeseen conditions related to the hot water system at Berkeley Adult School and King Middle School

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 split  funded through Prop. 39 and Measure H. All funds for Prop. 39 have been expended. All remaining expenditures will be covered by Measure H.  The final change order percentage has not yet been fully determined, however, staff estimates that it will be roughly 11%.        

STAFF RECOMMENDATION:
Approve the attached Futility Resolution Number 21-043   

 
Attachments:
Resolution 21-043
13.9. Approval to Award Piggyback Contract to Campbell Keller to Purchase Furniture for Nutrition Services and Gardening and Cooking Departments
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D, Superintendent 
FROM: John Calise, Executive Director of Facilities 
DATE: June 9, 2021
SUBJECT: Approval to Award Piggyback Contract to Campbell Keller to Purchase Furniture for Nutrition Services and Gardening and Cooking Departments

BACKGROUND INFORMATION:
On May 19, 2021, the Board approved the most recent Measure G Reallocation Plan.  The plan included a budget line of $500,000 to replace furniture.   Staff is requesting approval to utilize Campbell Keller for furniture purchases related to office relocation of Nutrition Services and the Gardening and Cooking Departments within 1720 Oregon Street for better coordination and collaboration.

Staff recommends the use of an existing “piggyback” contract awarded to Campbell Keller after a public bid under project bid 19017 with Los Rios Community College District on August 14, 2019, for the classroom and office furniture. Public Contract Code 20118 allows other districts throughout the state to award contracts based upon these bid prices for a period of five years.

POLICY/CODE:
Public Contract Code 20118 and 20652

FISCAL IMPACT:

Award by this action: 

Furniture, Fixtures, Equipment in the amount of $90,000 Measure G project line.

STAFF RECOMMENDATION:
Approve the purchase of furniture from Campbell Keller in the total amount of $90,000. 

 
13.10. Approval of the Pre-Qualified Hazardous Materials Investigation and Testing Pool for Selection on Measure G Projects
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent
FROM: John Calise, Executive Director of Facilities
DATE:    June 9, 2021        
SUBJECT: Approval of the Pre-Qualified Hazardous Materials Investigation and Testing Pool for Selection on Measure G Projects 

BACKGROUND INFORMATION:
With the passage of Measure G, it is required to qualify hazardous materials investigation and testing consultants.  On April 14, 2021, a Request for Proposals (RFP) was issued.  Proposals were due on May 12, 2021.  Ten proposals were received from firms who specialize in hazardous materials investigation and testing.  Staff screened the proposals. The screening team included the Executive Director of Facilities, the Facilities Planning Analyst and three Facilities Consultants.  The group selected the hazardous materials investigation and testing pool to include:

  1. Aurora;

  2. Ninyo & Moore;

  3. SCA Environmental;

  4. Sensible Environmental Solutions;

  5. Terracon;

The five teams represent a variety of strengths the District will need as we initiate new projects.  

POLICY/CODE:
California Government Code 4529.10 and 4529.12

FISCAL IMPACT:
None

RECOMMENDATION:
Approve the Pre-Qualified Hazardous Materials Investigation and Testing Pool for Selection on Measure G Projects.


 
13.11. Approval to Award Piggyback Contract to Cole Supply to Purchase Custodial Supplies and Provide Repairs for Maintenance Department
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  
FROM: John Calise, Executive Director of Facilities 
DATE:       June 9, 2021    
SUBJECT: Approval to Award Piggyback Contract to Cole Supply to Purchase Custodial Supplies and Provide Repairs for Maintenance Department

BACKGROUND INFORMATION:
Cole Supply was a new vendor fiscal year 2020-21. On July 15, 2020 the Board approved a contract with Cole Supply determining that Cole Supply would best meet overall District needs. As a USGBC (US Green Building Council) member, Cole will continue to assist the District in achieving its transition to the use of green products and reaching our overall sustainability goals. The District expects to continue to purchase custodial supplies, custodial equipment and maintain equipment from this vendor. We anticipate spending $290,000 for custodial supplies in the 2021-22 school year. 

POLICY/CODE: 
Board Policy 3310

FISCAL IMPACT:  
$290,000. Cost to be paid from the General Fund.

RECOMMENDATION:
Approve Cole Supply for custodial supplies and provide repairs as a part of a piggyback through Network Services Company Contract #202329-01 available through OMNIA Partners.

 
13.12. Approval of the Pre-Qualified Geotechnical Services Pool on Measure G Projects
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent
FROM: John Calise, Executive Director of Facilities
DATE:    June 9, 2021        |
SUBJECT: Approval of the Pre-Qualified Geotechnical Services Pool on Measure G Projects 

BACKGROUND INFORMATION:
With the passage of Measure G, it is required to qualify geotechnical services consultants.  On April 16, 2021, a Request for Qualifications (RFQ) was issued.  RFQ’s were due on May 12, 2021.  Eleven RFQ’s were received from firms who specialize in geotechnical services.  Staff screened the RFQ’s. The screening team included the Executive Director of Facilities, the Facilities Planning Analyst and three Facilities Consultants.  The group selected the geotechnical services pool to include:

  1. A3GEO;

  2. Alan Kropp;

  3. CTS;

  4. ENGEO;

  5. Ninyo & Moore;

The five teams represent a variety of strengths the District will need as we initiate new projects.  

POLICY/CODE:
California Government Code 4529.10 and 4529.12

FISCAL IMPACT:
None

RECOMMENDATION:
Approve the Pre-Qualified Geotechnical Services Pool for Selection on Measure G Projects.


 
13.13. Approval of a Contract with General Contractor for the Berkeley High School Building M Exterior Painting Project Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D., Superintendent
FROM:       John Calise, Executive Director of Facilities    
DATE:         June 9, 2021
SUBJECT:  Approval of a Contract with On Point Construction as a General Contractor for the Berkeley High School Building M Exterior Painting Project. and Approve Resolution 21-045

BACKGROUND
The exterior of Building M at Berkeley High School needs to be repainted in order to waterproof the exterior skin.  The existing wood purlins will also be re-stained as part of this contract.  The cost of treating the purlins reflects Alternate #1 to the total cost of the project.  

The Berkeley High School Building M Exterior Painting 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 May 17, 2021 where 11 contractors attended.  Prime contractors and subcontractors were solicited to participate.  Prime contractors and painting subcontractors were prequalified to bid on this project.  Bids were received on June 6, 2021.  The bid results were as follows:

Three bids were received. The lowest responsible bidder is On Point Construction.  

Per the limited PLA extension that was Board approved on 5/19/21, this project will conform to all requirements of the existing PLA between BUSD and the Alameda County Building Trade Council. 

RECOMMENDATION
Approve a contract with On Point Construction as a general contractor for the Berkeley High School Building M Exterior Painting Project and approve resolution 21- 045

FISCAL IMPACT 
$193,955 - Base Bid
$ 22,783 - Alternate # 1
$ 21,673 - 10% Contingency
Cost award by this action: $238,411. to be paid from Measure G bond funds.  All costs are contained within the project budget.


 
Attachments:
Resolution 21-045
13.14. Approve Contract with PRISM formerly California Public Entity Insurance Authority Excess Workers Compensation Program (CSAC-EIA)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D, Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent Business Services
DATE:            June 9, 2021
SUBJECT:     District Insurance Premiums and Broker Fees for FY 2021-22

BACKGROUND INFORMATION:

PRISM formerly California Public Entity Insurance Authority Excess Workers Compensation Program (CSAC-EIA)

The District became self-insured for workers compensation on January 1, 2004.  At that time, the District solicited quotes for "excess insurance" at a self-insured retention (SIR) level of $250,000.  CSAC-EIA, a joint powers authority of cities, counties and special districts provides excess worker’s compensation insurance in excess of $250,000.

The premium deposit for CSAC-EIA services for coverage period July 1, 2021 through June 30, 2022 is $333,000 which represents a $32,363 increase from last year’s premium of $300,637.

Staff is satisfied with the services provided by CSAC-EIA and is requesting approval to continue their contract.

POLICY/CODE:
Labor Code Sections 3700 to 3705

FISCAL IMPACT:
The impact for Fiscal Year 2022-22 is $333,000.  As compared to prior year 2020-21 of $300,637 within the Self Insurance Fund.   

STAFF RECOMMENDATION:
Approval of insurance premiums and broker cost for Fiscal Year 2021-22

 
13.15. Approval of Budget for Temporary Construction, Install Enclosed Structure to Establish an Access Control Point for BHS at the Milvia GateWas edited within 72 hours of the Meeting
Rationale:

                                                                                                                                                                                                                              BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  

FROM: John Calise, Executive Director of Facilities 

DATE:       June 9, 2021    

SUBJECT: Approval of the Temporary Construction for Access Control Point at Berkeley High School Milvia Gate Project


BACKGROUND INFORMATION  

The District intends to install a temporary structure at the Milvia Gate of Berkeley High School to serve as an Access Control Checkpoint for all persons entering campus.  

Budget includes architectural services, construction services, construction management fees, and rental of modular building.

Project cost has been estimated at $100,000.  This includes all hard and soft costs.  We are seeking approval to seek bids for this project.

FISCAL IMPACT  

$100,000. All costs are contained within the Measure G project budget.

RECOMMENDATION

Approve the project budget for the Temporary Construction for The Access Control Point at Berkeley High School Milvia Gate.


 
13.16. Approval of Amended BP 5141.21: Administering Medication and Monitoring Health Conditions of Students Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Brent Stephens, Superintendent
SUBJECT: Approve Amended Board Policy 5141.21 - Administering Medication and Monitoring Health Conditions Students
DATE: June 2, 2021

On May 27, 2021, the BUSD Policy Subcommittee approved draft amendments to Board Policy 5141.21 - Administering Medication and Monitoring Health Conditions Students to include, consistent with state law, the administration of prescribed medical cannabis products by parents on school grounds.

Consistent with BUSD Board bylaws, this item was included as information on June 2, 2021 as a first reading of the proposed policy amendments. This item is now being presented this evening for approval by the Board of Education. 

 
Attachments:
Amended BP 5141.21
13.17. Approve Amended School Board Meeting Calendar
Attachments:
Revised Board Meeting Calendar for 2021
13.18. Approval of Board of Education Meeting Minutes
Attachments:
Feb 3 2021
14. Action Items
14.1. Public Hearing for Initial Proposals for Successor Agreement Between the District and the Berkeley Council of Classified Employees (BCCE)- Action (5 min) Time Certain: 9:00 PM
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Brent Stephens, Ed. D., Superintendent
FROM:        Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources  
DATE:        June 9, 2021
SUBJECT:   Public Hearing for Initial Proposals for Successor Agreement Between the District and the Berkeley Council of Classified Employees (BCCE)

BACKGROUND INFORMATION:
Collective bargaining is among the most important areas where the Board of Education sets priorities for the organization and gives direction and authority to staff for negotiations.  As part of this process, the Governing Board also represents the public’s interest in negotiations with employee organizations to ensure student academic and educational needs as well as Board priorities are promoted.  The Board is committed to keeping the public informed about issues being negotiated and providing members of the public an opportunity to express their views.

Attached here and presented for public hearing are the initial proposals of the Berkeley Council of Classified Employees (BCCE) and the District for a successor agreement between the District and BCCE for the collective bargaining agreement expiring June 30, 2021.  This “Sunshine” of the initial bargaining proposals to the public provides an opportunity for the public to comment on the initial proposals and is also required before collective bargaining can begin.

POLICY/CODE:
California Government Code Section 3547

Board Policy 4143.1

Board Policy 4243.1

FISCAL IMPACT:
Unknown at this time

STAFF RECOMMENDATION:
Conduct public hearing, approve staff’s proposal, and direct staff as appropriate.


 
Attachments:
BCCE Sunshine Proposal 2021
BUSD to BCCE Sunshine Proposal 2021
15. Discussion Items
15.1. Discussion of Draft Local Control and Accountability Plan (LCAP) Three Year Plan (1 hour)Was edited within 72 hours of the Meeting
Rationale:


BERKELEY UNIFIED SCHOOL DISTRICT

To: BUSD Board of Education
From: Brent Stephens, Superintendent
Date: June 9, 2021
Subject Discussion

In this presentation, staff will continue discussions with the Board on both the draft 21-24 Local Control Accountability Plan, which is BUSD’s three-year strategic plan.

This presentation includes an overview of the LCAP plan, and representations of the current draft LCAP, including goals, metrics, and actions.  This Board discussion is a precursor to Board action on June 23 to approve the final LCAP. A public hearing on the draft LCAP is scheduled for June 16th. 

Attachments to this item include the presentation to the Board and the current draft of the 21-24 LCAP.



 
Attachments:
BUSD Draft 21-24 LCAP, Presentation to the Board, June 9, 2021
BUSD Draft LCAP
15.2. Discussion of 2021-2022 Budget (1 hour)Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

To:       BUSD Board of Education

From:   Brent Stephens, Superintendent

Date:   June 9, 2021

RE:      2021-22 General Fund Priorities

In this presentation, Assistant Superintendent Pauline Follansbee and Superintendent Brent Stephens will update the Board on the 2021-22 General Fund Priorities.

This presentation includes 2021-22 General Fund Priorities and includes the Superintendent’s and Staff’s ranking of budget priorities and Superintendent Budget advisory committees priorities for the 2021-22 budget.

 

Attachments to this item include the presentation to the Board.

 
Attachments:
21-22 Budget Presentation, June 9, 2021
16. Information Items
16.1. Board Policy/Administrative Regulation re Two Way Immersion Enrollment (First Reading)
Rationale:

Information Item, June 9, 2021

This draft policy and accompanying administrative regulations was passed by the BUSD Policy Subcommittee on May 27, 2021. It is scheduled to be shared as an information item at the Board meetings on June 2 and June 9, 2021; and to be voted on by the Board of Education on June 23, 2021.

 
Attachments:
TWI Enrollment Policy DRAFT, June 2021
17. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:

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.

18. Extended Board Member and Superintendent Comments
Quick Summary / Abstract:
Board members and the Superintendent are given the opportunity to address any issue.  
19. Adjournment

Published: June 5, 2021, 11:46 AM

The resubmit was successful.