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Regular Meeting
Berkeley USD
September 08, 2021 6:00PM
Zoom

1. Call to Order - 6:00 PM
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. Conference with Legal Counsel--Existing Litigation (Government Code Section 54956.9(b))
3.1.1. OAH Case No. 2021060234
3.2. Collective Bargaining - Government Code Section 54957.6(a) (District Negotiator: Samantha Tobias-Espinosa)
3.2.1. Berkeley Council of Classified Employees (BCCE)
4. Call to Order - 7:00 PM
5. Approve Regular Meeting Agenda of September 8, 2021
6. Report on Closed Session
7. Open Session Public Testimony (1st Opportunity)
Quick Summary / Abstract:
 
8. 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).
9. 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.
10. Board Member and Superintendent Comments
Quick Summary / Abstract:

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

11. Consent Calendar - approval requested
11.1. Approval of Human Resources Report
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Brent Stephens, Ed.D., Superintendent
FROM:            Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:              September 8, 2021
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.








 
Attachments:
Certificated Personnel Report 09.08.21
Classified Personnel Report 09.08.21
11.2. 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:       September 8, 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 09.08.21
11.3. Approval of District Insurance Premiums and Broker Fees for FY 2021-22
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D., Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent Business Services
DATE:            September 8, 2021
SUBJECT:     Approval of District Insurance Premiums and Broker Fees for FY 2021-22

BACKGROUND INFORMATION:

Myer, Stevens & Toohey provides the Districts Student Accident Insurance.

The premium for services for coverage period August 1, 2021 through July 31, 2022 is $49,075.72, which represents a $6,438 decrease from last year’s premium of $55,495.

Staff is satisfied with the services provided by Myers, Stevens & Toohey, and is requesting approval to continue their contract.

FISCAL IMPACT:
The impact for fiscal year 2021-22 is $49,075.72 within the Self Insurance Fund as compared to $55,495 the prior fiscal year 2020-21.

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

 
11.4. 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:         September 8, 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.Niroga to provide Dynamic Mindfulness training and support to King, Willard, BTA, BIS and four departments at BHS. The cost will not exceed $95,000. To be paid from City of Berkeley Grant. Requested by Phillip Shelley.

2.Community Resources for Science to provide mentoring and project coordination of the “Be A Scientist” program at Longfellow, Willard and King Middle School for the 2021-22SY. The cost will not exceed $22,500. To be paid from BSEP funds. Requested by Rubén Aurelio.

3.Jamal Williams to provide conflict resolution and restorative practices training to staff and support for students at Washington Elementary School for the period from 8/17/21 - 6/4/22. The cost will not exceed $15,000. To be paid from Restricted Donations. Requested by Katia Hazen.

4.Lifelong Medical Care, to provide behavioral health services to Rosa Parks’ students for the 2021/22SY. The cost will not exceed $13,000. To be paid from Extended Learning Opportunites Grant. Requested by Liza Estupin.

5.Strategic Energy Innovations, to provide an ecoliteracy fellowship member in support of our school garden programming at Sylvia Mendez and Berkeley Arts Magnets for the period from 8/23/21 – 6/30/22. The cost will not exceed $25,000. To be paid from the Gardening and Cooking Program Fund. Requested by Jezra Thompson.

6.YMCA of the East Bay, to provide programming to support students in a restorative restart program at Martin Luther King Middle School for the 2021/22SY. The cost will not exceed $34,200. To be paid from Person Instruction Grant Funds. Requested by Pauline Follansbee.

7.Harvest Consulting, to provide equity coaching to faculty, staff and parents at Martin Luther King Middle School for the the 2021-22SY. The cost will not exceed $24,000. To be paid from Person Instruction Grant Funds. Requested by Pauline Follansbee.

8.Dynamic Education Services Inc., to provide academic tutoring intervention services for the Special Education Department for the 2021 -22SY. The cost will not exceed $18,875. To be paid from Special Ed Fund. Requested by Shawn Mansager.

9.Child Therapy Institute to provide coordination of the Pre-K RtI Program and provide mental health services at the three BUSD preschool sites. For the period of 8/12/21 - 6/10/22. The cost will not exceed $46,556. To be paid from BSEP and Head Start funds. Requested by Maria Carriedo.

10.Child Therapy Institute of Marin to provide mental health services at Washington Elementary for the period of 8/12/21 - 6/3/22. The cost will not exceed $12,000. To be paid from BSEP and PTA donation funds. Requested by Katia Hazen.

11.Bay Area Community Resources, to provide mental health services at Thousand Oaks Elementary for the period of 8/16/21 - 6/3/22. The cost will not exceed $10,000. To be paid from BSEP funds. Requested by Kathy Fleming.

12.Bay Area Community Resources, to provide mental health services at Ruth Acty Elementary for the period of 8/16/21 - 6/3/22. The cost will not exceed $18,000. To be paid from BSEP and PTA funds. Requested by Mary Cazden.

13.Ascendancy Solutions, to provide the development of CCEIS and SEP Plans for the Special Department for the 2021–22SY. The cost will not exceed $25,000. To be paid from Special Ed Fund. Requested by Shawn Mansager.

14.San Joaquin County Office of Education, to provide Medi-Cal billing services for the 2021-22 SY. The cost will not exceed $15,000. To be paid from Special Ed Fund. Requested by Shawn Mansager.

15.Holden High School, to provide educational and counseling services for Special Education students for the period from 08/16/2021 – 6/30/22. The cost will not exceed $40,640. To be paid from Special Education Funds. Requested by Shawn Mansager.

16.Contract with Suzanne Samuel for contact tracing services related to Covid-19 student testing. The cost will not exceed $24,000. To be paid from COVID-19 one-time relief funds. Authorized by Brent Stephens.

17.Contract with Pam Hobday for Governance Team Support and Goal Development services for the 2021-22 SY. The cost will not exceed $60,00 To be paid from General Fund savings. Requested by Brent Stephens.

18.Contract with Gabriel Lopez to provide Athletics Coaching Boys into Men Facilitator services for the 2021-22 SY. The cost will not exceed $40,000.To be paid from General Fund saving. 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.


 
11.5. Approval of Master Contract for Nonpublic School for the 2021-2022 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT


T0:              Brent Stephens, Ed.D., Superintendent
FROM:         Shawn Mansager, Executive Director of Special Education
DATE:          September 8, 2021
SUBJECT:      Approval of Master Contract for Nonpublic School for the 2021-2022 School Year

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

Transportation costs are included in the special education transportation budget.  All nonpublic schools must be approved by the California Department of Education. Services are provided pursuant to Ed. Code Section 56034 and 56366. Students enrolled in nonpublic schools are deemed enrolled in public schools.

Non Public Schools

# of Students

Estimated Total Cost

Bayhill High School

4

$168,149.48

Via Center

2

$157,320.00

Total

6

$325,469.48

POLICY/CODE:
Education Code 56034,56366

         

FISCAL IMPACT:Not to exceed $325,469.48 funded from the Special Education Budget which may require an additional contribution from the General Fund.

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

 
11.6. Approval of Master Contract for Nonpublic Agency Services for the 20121-2022 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:         Shawn Mansager, Executive Director of Special Education
DATE:          September 8, 2021
SUBJECT:      Approval of Master Contract for Nonpublic Agency Services for the 20121-2022 School Year

BACKGROUND INFORMATION:
The District contracts with nonpublic agencies, when necessary, to provide related services to students with Individualized Education Programs (IEP). The following nonpublic agencies provide related services as defined in Section 1401 of Title 20 of the U.S. Code and section 300.34 of Title 34 of the Code of Federal Regulations, and California Ed. Code 56363 to enable students with IEPs to benefit from their special education. An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services.

Nonpublic Agency

Services

# of students

Estimated Total Cost

MAXIM Health

To provide 1:1 LVN services for BUSD SPED Students

numerous

$100,000.00

Sunbelt

To contract one DHH teacher

numerous

$146,250.00





TOTAL



$246,250.00

POLICY/CODE:
Education Code 56363

         

FISCAL IMPACT:
Not to exceed $246,250.00 funded from the Special Education Budget which may require an additional contribution from the General Fund.

 

STAFF RECOMMENDATION:
Approve the Master Contracts for the Nonpublic Agency listed above.

 
11.7. Approval of Contract with Bay Area Community Resource (BACR)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Dr. Brent Stephens, Superintendent
FROM:           Rubén Aurelio, Associate Superintendent
Dr. Phillip Shelley, Director
DATE:             September 8, 2021
SUBJECT:       Bay Area Community Resource (BACR) Contract

PURPOSE:
To have the board review and approve the contract with Bay Area Community Resources (BACR) to provide a range of mental health services to students at Sylvia Mendez and John Muir Elementary School.

BACKGROUND:
For more than four decades, Bay Area Community Resources (BACR) has been delivering a wide range of services to schools and other community settings throughout the greater San Francisco Bay Area. Services are clustered in program areas that include expanded learning, behavioral and mental health, fiscal sponsorship, healthy communities, national service, and youth workforce and re-entry.
 
Each year, BACR provides strengths-based, trauma-informed direct services to tens of thousands of people.  During this time, the organization has remained steadfast to their mission: promoting the healthy development of individuals, families, and communities. BACR is grateful for the opportunity to support communities throughout the Bay Area, promoting resilience, health and justice and to our dedicated staff who serve those communities with compassion, passion, creativity and talent.

FISCAL IMPACT:
This contract is in the amount of $162,250. It will be funded through COVID funds.

RECOMMENDATION:
After contacting and reviewing potential competitor organizations, it was determined that BACR has the capacity to meet the district's needs at this time. It is recommended that the Governing Board approve the contract agreement between the Berkeley Unified School District and BACR.


 
11.8. Approval of Contract with Sports for Learning for Temporary After School Staffing
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Brent Stephens, Ed.D., Superintendent
FROM:          Ruben Aurelio, Associate Superintendent
DATE:           September 8, 2021
SUBJECT:    Sports for Learning Contract

BACKGROUND:

Sports for Learning was founded in 2012 to support improved student outcomes through STEAM-themed sports and physical activities. In this work, Sports for Learning has helped their partner districts improve attendance, academic, and social outcomes including an increased sense of belonging and community. Sports for Learning coaches run their programs during lunch, recess, PLC, afterschool, and Saturday remediation opportunities.

In the subsequent years, Sports for Learning saw indications that social-emotional learning and whole-child education were emerging as a priority for holistic student success. Sports for Learning has partnered with CASEL as part of their SEL Provider's Council, and aligned their programs to California PE and Health Standards. In this last year, as Sports for Learning began to support distance-learning modalities, their partners also began requesting their support to return to in-person instruction. With a combination of our SEL-Based Physical Activities adapted for social distancing, "safe-play" socialization protocols, tutoring/homework help, check-in/check-out, and lunch distribution Sports for Learning has created dozens of customized in-person return programs across California.

Sports for Learning will have 22 staff assigned to the eleven BUSD BEARS sites.  Each of the eleven BEARS sites will have two Sports for Learning Staff assigned.  Sports for Learning will provide support for 16 weeks or less based on filling the open positions that remain in the BEARS program.

 

RECOMMENDATION:
It is recommended that the Governing Board approve the amendment to the contract agreement between the Berkeley Unified School District and Sport for Learning.

FISCAL IMPACT:
This contract is in the amount of $336,000. It will be funded through ASES grant funds and one-time COVID funds.

 
11.9. Approval of Contracts using Early Education Expansion Program (IEEEP) Grant Funds
Rationale:

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Pauline Follansbee, Assistant Superintendent Business and Fiscal Services
FROM:        Maria Carriedo, Early Childhood Education Principal
DATE:          September 8, 2021  
SUBJECT Approval of Contracts using Early Education Expansion Program grant (IEEEP)

BACKGROUND INFORMATION:
Our Berkeley Unified School District Early Childhood Education Program received an Inclusive Early Education Expansion Program grant (IEEEP) from the state to provide us and three other agencies, BAHIA, Inc., YMCA of The East Bay, and UC Berkeley Early Childhood Education Program funding for adaptive equipment that will meet inclusion services. Each agency will receive $56,324 and not exceed $56,324 for payments. This amount should be paid from the Early Childhood Education budget created for this IEEEP grant. Requested by Maria Carriedo.

POLICY/CODE:
Public Contract Code: 20111 School Innovations & Advocacy Inc. 

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

 
11.10. Approval of Contract with Asia Evans for District-Wide Support on the Covid Response TeamWas 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:            September 8, 2021
SUBJECT:    Approval of Contract with Asia Evans for District-wide Support on the Covid Response Team

BACKGROUND INFORMATION
The Superintendent approved the contract with Asia Evans to provide administrative services as part of the District’s Covid Response Team beginning on September 13, 2021 as an independent contractor.  The scope of work that is required by our Covid Response Team includes but is not limited to the following:

1- Positive case identification

2- Contact tracing

3- Data entry

4- Coordination and follow up with BUSD Covid Testing Program

5- Database management 

RECOMMENDATION:
Approve contract with Asia Evans to join the District-wide Covid Response Team in the amount not to exceed $ 102,500

FISCAL IMPACT:
Contract award of not to exceed $ 102,500. to be paid for by the COVID relief funds that are contained within the General fund.

 
11.11. Ratification of Contract with Mary Kong for District-wide Risk Assessment
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D., Superintendent
FROM: John Calise, Executive Director of Facilities
DATE: September 8, 2021
SUBJECT: Ratification of Contract with Mary Kong  for District-wide Support on the Covid Response Team

BACKGROUND INFORMATION:
The Superintendent approved the contract with Mary Kong to provide administrative services as part of the District’s Covid Response Team beginning on September 4, 2021 as an independent contractor.  The scope of work that is required by our Covid Response Team includes but is not limited to the following:

1- Positive case identification

2- Contact tracing

3- Data entry

4- Coordination and follow up with BUSD Covid Testing Program

5- Database management  

RECOMMENDATION:
Ratify a contract with Mary Kong to join the District-wide Covid Response Team in the amount not to exceed $107,500. 

FISCAL IMPACT:
Contract award of not to exceed $107,500 to be paid for by the COVID relief funds that are contained within the General fund.

 
11.12. Approval of a Contract with Terracon as for Hazardous Materials Testing at Longfellow Middle School
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D., Superintendent
FROM:       John Calise, Executive Director of Facilities    
DATE:         September 8, 2021
SUBJECT:  Approval of a Contract with Terracon as for Hazardous Materials Testing at Longfellow Middle School

BACKGROUND
The site and buildings at Longfellow Middle School need renovation.  The identification of hazardous materials is required prior to the start of construction.

Longfellow has undergone a competitive bidding process for Hazardous Materials testing within the pool approved by the Board on June 9, 2021.  A Mandatory pre-bid site walk occurred on July 7, 2021 where 4 contractors attended, however only 3 submitted fully responsive bids.  Hazardous Materials testing contractors were prequalified to bid on this project.  Proposals were received on July 28, 2021.  The proposals for Longfellow were as follows:

RECOMMENDATION
Approve a contract with Terracon as a hazardous materials testing contractor for the Longfellow Middle School Modernization Project.

FISCAL IMPACT
Cost award by this action: $9,655 to be paid from Measure G bond funds.  All costs are contained within the Measure G project budget.



 
11.13. Approval of a Contract with Terracon as for Hazardous Materials Testing at Sylvia Mendez Elementary School
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D., Superintendent
FROM:       John Calise, Executive Director of Facilities    
DATE:         September 8, 2021
SUBJECT:  Approval of a Contract with Terracon as for Hazardous Materials Testing at Sylvia Mendez Elementary School

BACKGROUND
The site and buildings at Sylvia Mendez Elementary School need renovation.  The identification of hazardous materials is required prior to the start of construction.

Sylvia Mendez has undergone a competitive bidding process for Hazardous Materials testing within the pool approved by the Board on June 9, 2021.  A Mandatory pre-bid site walk occurred on July 7, 2021 where 4 contractors attended, however only 2 submitted fully responsive bids.  Hazardous Materials testing contractors were prequalified to bid on this project.  Proposals were received on July 28, 2021.  The proposals for Longfellow were as follows:

RECOMMENDATION
Approve a contract with Terracon as a hazardous materials testing contractor for the Longfellow Middle School Modernization Project.

FISCAL IMPACT 
Cost award by this action: $13,477 to be paid from Measure G bond funds.  All costs are contained within the Measure G project budget.


 
11.14. Approval of CAW Contract Modification #1 for BHS Little Theater
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  

FROM: John Calise, Executive Director of Facilities 

DATE:       September 8, 2021    

SUBJECT: Approval of Contract Mod #1 for Architectural Design Services for the BHS Florence Schwimley Little Theater 

 

BACKGROUND INFORMATION  

 Based on very recent building code changes, the Division of State Architects (DSA) will require the 3,000-seat community theater be seismically upgraded as part of the Little Theater project. In order for the District to study how much state funding could be obtained through the Seismic Mitigation Program (SMP), architectural drawings must be created showing the seismic work that would need to be completed along with the restoration work to follow the seismic upgrades.  Once these drawings are created, the Office of Public School Construction uses established pricing criteria to estimate the cost of the work to determine the availability of State funding. The seismic program provides funds to school districts to repair or replace seismically deficient buildings that meet certain criteria. The District would like to study the scope and funding potential further to determine if the grant amount might reach the maximum $22 million, or if it will trend much lower. Understanding the project's funding capacity will then help the District make informed scoping decisions for the other aspects of the Little Theater Project.    

On September 2, 2021, we presented this contract modification, the history and recommendations on how best to proceed to the Facilities Subcommittee.

POLICY/CODE  

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT  

Contract awarded by this action: $98,995 to be paid from Measure G Bond Funds for a total contract amount of $2,498,981.

RECOMMENDATION

Approve Contract Modification #1 with CAW for Architectural services for the Florence Schwimley Little Theater Project.


 
11.15. Approval of Gould Evans Contract for Longfellow Modernization Project
Rationale:

                                                                                                                                                       BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  

FROM: John Calise, Executive Director of Facilities 

DATE:       September 8, 2021    

SUBJECT: Approval of Contract for Architectural Design Services for the Longfellow Modernization Project

 

BACKGROUND INFORMATION  

On January 25, 2021, the Board approved a contract for Gould Evans to provide architectural services for the Longfellow programming and design effort.  The programming effort has resulted in the definition of a scope of work.  This contract is for Architectural Design services from Schematic Design through construction and close out for that new modernization scope as detailed in the programming effort.

We had previously included this as a contract modification but that was an error and this item is to obtain approval for the correct contract item.

POLICY/CODE  

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT  

Contract award by this action: $3,122,300 to be paid from Measure G Bond Funds.  All costs are contained within the Measure G project budget.

RECOMMENDATION

Approve Contract with Gould Evans for Architectural services for the Longfellow Modernization Project.




 
11.16. Approval of Contract for Programming and Architectural Design Services with LPA for the Sylvia Mendez Modernization Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  

FROM: John Calise, Executive Director of Facilities 

DATE:       September 8, 2021    

SUBJECT: Approval of Contract for Programming and Architectural Design Services with LPA for the Sylvia Mendez Modernization Project


BACKGROUND INFORMATION  

On June 21, 2021, Berkeley Unified School District issued a request for proposals from the previously approved Architectural pool.  On July 28, 2021, the District received nine proposals for Architectural services for the Sylvia Mendez Modernization.  Of the nine proposals, LPA was selected as the best Architect in response to the RFP. This contract is for LPA to provide Programming and Architectural Design services for the Sylvia Mendez programming and design effort.  

POLICY/CODE  

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT  

Contract award by this action: $2,363.540 to be paid from Measure G Bond Funds.  All costs are contained within the Measure G project budget.

RECOMMENDATION

Approve Contract with LPA for Programming and Architectural services for the Sylvia Mendez Modernization Project.


 
11.17. Authorize Approval of Change Order for the Rosa Parks Roof Project Increment 1 and Approval of Futility Resolution 22-005
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D, Superintendent 

FROM: John Calise, Executive Director of Facilities

DATE: September 8, 2021

SUBJECT: Authorization to Approve a Change Order for the Rosa Parks Roof Project Increment 1 and Approval of Futility Resolution 22-005


BACKGROUND INFORMATION 

On November 20, 2019 and January 22, 2020 , the Board awarded a contract to OnPoint Construction to repair the roof, replace the solar panels, to replace the entry and the kindergarten canopies at Rosa Parks Elementary School. The roof repair is complete and the remaining items include work to the canopies.

The total contract amount awarded is $1,338,000.  Staff can negotiate scope and price increases up to a maximum of a 10% increase in the total 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 that are driving these change orders are related to a variety of issues and unforeseen conditions that include but are not limited to the following items:

  • Deficiencies related to the original construction

  • Corrections required by the Division of the State Architect to certify the project, and

  • Updated safety corrections

When a project has more than a 10% change order total, Public Contract Code 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 has not yet been fully determined, however, staff estimates that it will be roughly 14% due in part to the modifications and change requirements put forth by the governing agency.         

STAFF RECOMMENDATION

Approve the attached Futility Resolution Number 22-005.     


 
Attachments:
Resolution 22-005
11.18. Approval of Seismic Project Eligibility Contract with School Facilities Consultants for BCT
Rationale:

                                                                                                                                                                                                                              BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  

FROM: John Calise, Executive Director of Facilities 

DATE:       September 8, 2021    

SUBJECT: Approval of Contract with School Facility Consultants for Seismic Funding for the Berkeley Community Theatre


BACKGROUND INFORMATION  

Based on very recent building code changes, the Division of State Architects (DSA) will require the 3,000-seat community theater to be seismically upgraded as part of the Little Theater project. In order for the District to study how much state funding could be obtained through the Seismic Mitigation Program (SMP), the District requires the assistance of School Facility Consultants to work with the Office of Public School Construction to maximize State funding under the SMP program.  The seismic program provides funds to school districts to repair or replace seismically deficient buildings that meet certain criteria. The District would like to study the scope and funding potential further to determine if the grant amount might reach the maximum of $22 million, or if it will trend much lower. Understanding the project's funding capacity will then help the District make informed scoping decisions for the other aspects of the Little Theater Project.    

On September 2, 2021, we presented this contract modification, the history, and recommendations on how best to proceed to the Facilities Subcommittee.

POLICY/CODE  

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT  

The contract awarded by this action is incremental and will not exceed $50,000.  This cost is contained within the Measure I Program Budget

RECOMMENDATION

Approve Contract with School Facility Consultants to assist with the SMP application to the State.




 
11.19. Approval of Measure G Program Budget Adjustments
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education  

FROM: Brent Stephens Ed. D., Superintendent 

John Calise, Executive Director of Facilities 

DATE: September 8 ,2021

SUBJECT: Facilities Plan Modifications:  Measure G Program Budget Adjustments


PURPOSE  

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

BACKGROUND  

The Board approved the last Measure G Allocation Plan budget on June 23, 2021.  At this time, it is appropriate to consider the following additions to the Measure G program budget.  Below is a high level overview of the projects that are  proposed by staff and have been vetted by the Facilities Subcommittee.   The budgets reflected on the attached worksheet represent the construction rough order of magnitude (ROM) budget approved by the Facilities Subcommittee and the soft costs associated with each project.  The budget implications can be seen on the attached Measure G Program Budget worksheet.   

  1. Create a project budget for the Jefferson Elementary School Solar Project.  This project budget is $3,062,000 and will add solar panels to the existing campus.

  2. Create a project budget for the Martin Luther King Solar Project.  This project budget is $800,300 and will add solar panels to the existing campus.

  3. Create a project budget for the Willard Solar Project.  This project budget is $3,362,320 and will add solar panels to the existing campus.

  4. Create a project budget for the Willard Infrastructure Improvements project.  This project budget is $3,221,514 and will replace aging and deficient infrastructure on the campus.

  5. Create a project budget for the B-Tech Infrastructure Improvements project.  This project budget is $,24,886 and will replace aging and deficient infrastructure on the campus.

RECOMMENDATION 

Approve the adjustments as published on the Measure G Program Budget Summary Worksheet  

FISCAL IMPACT

Cost Neutral All costs are contained within Measure G.

RELATED PAST BOARD ITEMS  

None



 



 
Attachments:
Measure G Program Budget Summary
11.20. Approve Resolution 21-026, 2021 General Obligation Refunding Bonds (Federally Taxable)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D, Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent Business Services
DATE:            September 8, 2021
SUBJECT:     Resolution 21-026 2021 General Obligation Refunding Bonds (Federally Taxable)

BACKGROUND INFORMATION:

2021 General Obligation Refunding Bonds (Federally Taxable)

On November 7, 2010, voters approved Measure I for a total authorization of $210,000,000.  In May of 2013, the District issued the Berkeley Unified School District General Obligation Bonds, Election of 2010, Series C (2013) (“Series C Bonds”) for a total par amount of $40,000,000.  The Series C Bonds have a final maturity of August 1, 2052 and are first callable on August 1, 2023 at a price of $100.  The Series C Bonds have a total outstanding par amount of 40,000,000.                                                                                                                            

In June of 2015, the District issued the Berkeley Unified School District General Obligation Bonds Election of 2010, Series D (2015) (“Series D Bonds”) for a total par amount of $50,000,000.  The Series D Bonds have a final maturity of August 1, 2045 and are first callable on August 1, 2023 at a price of $101.  The Series D Bonds have a total outstanding par amount of $50,000,000.      

The District initially planned to sell the refunding bonds on a competitive basis in March, but interest rates rose abruptly and the refunding transaction was put on hold as it did not meet the savings threshold of 5%.  To provide the District with the maximum flexibility and timing to sell the refunding bonds, the District is now planning a negotiated sale.  A negotiated sale gives the District the flexibility to sell bonds with  shorter notice requirements and helps to ensure the savings thresholds are met.  A competitive sale has a defined timeline and no ability to set a refunding savings threshold.

The District’s assessed values for fiscal year 2021-2022 increased 4.3% to $23,357,009,752 as reported by the Auditor/Controller of Alameda County. The District is currently rated “AA+” by Standard & Poor’s and “AA+” by Fitch Rating. The District’s credit will be reviewed by Standard & Poor’s for this issuance. 

Resolution 21-026 (“the Resolution”) authorized the issuance of the 2021 General Obligation Refunding Bonds the form of Preliminary Official Statement, the form of Bond Purchase Agreement, and the form of Continuing Disclosure Certificate. The Resolution also authorized the bonds be sold through a negotiated sale.

The District expects to receive Standard & Poor’s credit rating for the general obligation refunding bonds by Friday, September 17th.  A negotiated sale is scheduled for the morning of Tuesday, September 21st.  The District expects that the refunding transaction will close approximately 2-weeks following the sale, on or about Tuesday, October 5th.     


FISCAL IMPACT:
No financial impact on District Funds.

STAFF RECOMMENDATION:
Approve Resolution 21-026 2021 General Obligation Refunding Bonds (Federally Taxable)

See attached timetable for reference.

 
Attachments:
Resolution 21-026
11.21. Approval of CCAP Dual Enrollment Agreement
11.22. Approval of Application for Standalone CDS Code Berkeley Independent Studies (BIS) K-8
11.23. Approval of Board of Education Meeting Minutes Was edited within 72 hours of the Meeting
Rationale:
 
 
Attachments:
June 16, 2021
June 9, 2021
12. Discussion Items
12.1. School Opening Update (30 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Dr. Brent Stephens, Superintendent
FROM:          Rubén Aurelio, Associate Superintendent
DATE:             September 8, 2021
SUBJECT:      Opening Schools Update

BACKGROUND INFORMATION: Executive cabinet will provide an update to the community and school board on the opening of schools. The presentation will include updates to enrollment, health & safety, success, and challenges observed since the start of the school year.

 
Attachments:
Presentation
13. Action Items
13.1. Approve 2020-21 Unaudited Actuals and Gann Limit Resolution 21-004 (30 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D. Superintendent 
FROM:          Pauline Follansbee, Assistant Superintendent of Business Services 
DATE:           September 8, 2021
SUBJECT:    Approval of Gann Limit Resolution 21-004

BACKGROUND INFORMATION:
Education Code Sections 1629 and 14132 specify that by September 30, county office and district governing boards shall adopt a resolution identifying their estimated appropriations limits for the current year and their actual appropriations limit for the preceding year. The documentation supporting the adopted resolution shall be made available to the public.

The Gann Limit Calculation for FY 2019-20 and 2020-21 does not have any direct effect on the funding of the District.

The attached Resolution and Calculations (included in the 2020-21 Unaudited Actuals under separate cover) will be submitted to the Alameda County Office of Education for transmittal to the California Department of Education.

POLICY/CODE:
Education Code Sections 1629 and 14132
Government code Section 7906(f).

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve Gann Limit Resolution 21-004

 
Attachments:
2020-21 Unadited Actuals
Gann Limit Resolution 21-004
Presentation
13.2. Approve One-Time Transfer from Fund 20 for COVID Response Expenses (30 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent 
DATE:         September 8, 2021
SUBJECT: Request to Transfer Funds from Fund 20 (Special Reserve Fund for Post-Employment Benefits)

BACKGROUND INFORMATION:
The District is requesting a transfer of funds from Fund 20 Special Reserve Fund for Post-Employment Benefits, to cover necessary costs incurred as a result of the pandemic and increased need for services.  This request is necessary since the District has planned expenditures for the current state and federal COVID funding, and the unavailability of additional COVID relief funds, or other funding sources.

COVID Funds

The District received $23.9 million in COVID fund which were earmarked or spent on allowable expenditures including, in-person instruction, stipends for staff working on sites, strategies to mitigate learning loss, technology, restorative restart grants, mental health and expanded learning loss opportunities.  The Unspent balance shared with the Board at the June meeting of $1.1 million was partially spent when stipends for staff who were working in person were higher than projected, and for additional mental health costs.  

Expenses

To meet notification and tracking of cases required by the California Department of Public Health, the district has implemented COVID testing and contact tracing teams staffed by a project manager and testing and contact tracing support staff.  The attached spreadsheet lists the cost of setting up both teams, as well as additional staffing for independent study (6 FTE), roving subs (10 FTE) to meet staffing shortages and COVID support staff at the high school.

Non-COVID related expenses are included in the spreadsheet to support the afterschool program, additional IT support for program implementation and expanded work flow for our paperless platform.

These expenses are projected through June 30, 2022.

There are insufficient funds in the Unrestricted General Fund to pay for these costs, and staff is requesting a transfer from Fund 20 to cover these costs.

Fund 20

In 2015, the Board authorized Fund 20 to be established to record revenues and other financial transactions for retiree health benefits.

Under the Education Code (EC) Section 17463.7, the District requested State Allocation Board approval for the transfer of surplus real property sale proceeds in its General Fund for one-time expenditures, which includes $416,000 for Postemployment Benefits.

In addition to this transfer, the District has transferred contributions in excess of post-employment retirement expenses.  The projected ending fund balance as of June 30, 2021 when the District closes it books in September is approximately $6 million.

FISCAL IMPACT:
Staff is requesting a transfer not to exceed $2.3 million from Fund 20 to the Unrestricted General Fund, and to use $832,500 in remaining COVID Funds to pay for $3.1 million in projected expenses through June 2022.

 
Attachments:
Presentation
Transfer from Fund 20 Expenses
13.3. Approve the 2021-2024 Local Control and Accountability Plan (LCAP) (3 min)
Attachments:
2021-24 LCAP
BUSD 2021 Local Indicators
LCAP Annual Update
LCFF Budget Overview
13.4. Approve the Adopted Budget for 2021-2022 (3 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D., Superintendent
FROM:       Pauline Follansbee, Assistant Superintendent of Business Services
DATE:        September 8, 2021
SUBJECT: Approval of 2021-22 Budget and 2020-21 Estimated Actuals

BACKGROUND INFORMATION:
Alameda County Office of Education (ACOE) required additional to approve the Local Control Accountability Plan (LCAP) and required the District resubmit their LCAP and Adopted Budget.

The District resubmitted the Public Hearing for the Preliminary Budget at the August 25, 2021 board meeting, and is now resubmitting the 2021-22 Adopted Budget for approval.

POLICY CODE:
California Education Sections 42122-42129

STAFF RECOMMENDATION:
Approve and Adopt the Districts 2021-22 Budget and 2020-21 Estimated Actuals  (under separate cover).


 
Attachments:
2021-22 Adopted Budget
14. Information Items
14.1. Berkeley Unified School District Monthly Milestones for Frontline/Escape Technology School Software Implementation
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Board of Education
FROM:          Pauline Follansbee, Assistant Superintendent Business Services 
DATE:           September 8, 2021
SUBJECT:     Berkeley Unified School District Monthly Milestones for Frontline/Escape Technology School Software Implementation

BACKGROUND:
The district has signed an agreement with ACOE to provide Data Processing Services and Business Systems understood by both parties to be necessary for the administration of BUSD’s Fiscal, Payroll, Human Resources and other related functions.

This system will replace QSS in 2022-23 implementation is scheduled for October of this year and will require training to be coordinated by Escape training team and lead by the District’s Assistant Superintendent and IT Director. See attached for draft of month by month implementation plan.  

POLICY CODE:
Public Contract Code: 20111
Board Policy 3310

 
Attachments:
Escape Monthly Milestones
15. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:
 
16. Extended Board Member and Superintendent Comments
Quick Summary / Abstract:
Board members and the Superintendent are given the opportunity to address any issue.  
17. Adjournment

Published: September 4, 2021, 11:35 AM

The resubmit was successful.