Board Meeting Notes: June 15, 2022 Regular Meeting

Fremont Unified School District

Board of Education Meeting Summary

June 15, 2022 (Regular Meeting)

Click to View the Agenda of this Board Meeting
Click to View a Recording of this Board Meeting

At its June 15th meeting, the FUSD Board of Education:

3.4 Approved Revisions to the SURF BoardE Bylaws (item heard out of order)

SURF BoardE (Students United for the Representation to the Fremont Unified School District Board of Education) has recently worked to update its bylaws to better support the group's objectives and goals. The SURF BoardE has placed an emphasis on increasing student awareness of and interaction with school sites. Their goals include reaching out to all students of FUSD including high school, junior high/middle school, and elementary students, and equally representing all opinions and concerns of FUSD students.

To comply with these major goals, SURF is requesting formal amendments to the bylaws with proposed language to achieve the group's goals.

6.1 Reported on Action Taken in Closed Session

Appointed the following administrators:

  • Corey Brown - Director, Curriculum & Instruction
  • Kristin Dil - Principal, Patterson Elementary
  • Thomas Ekman - Director, Maintenance, Operations & Grounds
  • Mei-Feng Howell - Assistant Principal, Irvington High School
  • Sheila Jemo - Assistant Principal, Gus C. Robertson High School
  • David LeCount - Assistant Principal, American High School:
  • Glynis Mason - Principal, Ardenwood Elementary
  • Jacyln McClintock - Principal, Mission Valley Elementary
  • Dena Palmer - Director, Purchasing
  • Sherea Westra - Principal, John G. Mattos Elementary

7.1 FUSS Acknowledgement

This item was moved to the August 24, 2022 Board meeting.

7.2 Library Awards Celebration

Director of Curriculum & Instruction Kim Kelly presented the 2021-2022 Library Celebrations.

7.3 Heard the COVID-19 Update

As of June 3, an Alameda County Health Officer Order implementing an Face Masking Mandate is in place for most indoor spaces with limited exemptions; this became applicable in FUSD as of June 9 following the final events of the 2021-22 school year. FUSD is maintaining its practice of staying aligned with State and local mandates.

7.4 Heard the Superintendent Report

Superintendent CJ Cammack shared gratitude for FUSD staff - classified, certificated and management - for their work, particularly as we returned to in-person instruction this school year. Thanked students for courage and perseverance. Thanked community for support and entrusting their students to us. Congratulated all Class of 2022 graduates and promoting students; was able to attend all graduation ceremonies at Tak and congratulate nearly 2,600 students. Thanked Trustees for their leadership.

7.5 Heard the Student Member Report

Student Board Member Sissi Zhang reported that all high schools have finished graduation ceremonies. American is working on class banquets for all grade levels to celebrate the end of the school year, Washington and Mission are working on their community garden, Kennedy finished their Senior checkout and Irvington is working on homecoming for next year. SURFBoardE is currently planning their retreat and will work on training new members for next year.

8. Approved the Consent Calendar (Items 9.1 - 12.7)

The Board unanimously approved all Consent items after conversation on the following: 10.3 Approve the License Renewal for the Nearpod Premium Plus Software for Grades K-12, 10.4 Approve Renewal of Seesaw Learning Management System (LMS) for Grades TK-6 and Glankler Students, 10.5 Approve the License Renewal of the BrainPOP Software Suite for Grades TK-12, 10.6 Approve the License Renewal of the Screencastify Software for Grades TK-12, 10.7 Approve the License Renewal of the EdPuzzle Software for Secondary Schools, 10.8 Authorize Staff to Purchase Additional Apex Program Licenses, 11.11 Authorize Staff to Amend the Agreement with Cordoba Corporation for the Modernization Project at Rix-Glankler Early Learning Center.

15.1 Held the LCAP Public Hearing

Assistant Superintendent of Instructional Services Leticia Salinas and Director of State and Federal Programs, Dr. Christie Rocha, presented the LCAP Public Hearing Presentation.

The Local Control Funding Formula (LCFF) was enacted as a component of the Budget Act for 2013-2014 school year under Assembly Bill 97. It established a new funding formula that provides the same base grant to all school districts. Supplemental funding is provided to address the needs of eligible students: English Learners (EL), low-income students, foster youth, and homeless youth.

The Local Control Accountability Plan (LCAP) is a critical part of the LCFF. Each school district must engage parents, students, employees, and the community in the development of the plan. The plan is designed to describe the district's vision for students, annual goals and specific actions the district will take to achieve the vision and goals. The LCAP must focus on eight areas identified as state priorities over a three year period: Basic Services, Common Core Standards, Parental Involvement, Student Achievement, Student Engagement, School Climate, Course Access and other Student Outcomes.

In consultation with the Alameda County Office of Education, we are noting that FUSD has reviewed and reevaluated that some actions should be marked as contributing for the 2021-2022 school year within the annual update. We have made this change and it is noted in the LCAP. On June 9, 2022, FUSD held an LCAAC meeting to review this change with the committee.

Each district is required to hold two public meetings, the first is designed to receive feedback and the second public meeting is designated for adoption of the plan. The LCAP must be approved prior to the passage of the 2022-2023 budget. The final LCAP will be submitted for approval to the Board of Trustees on June 29, 2022. It will then be submitted to the Alameda County Office of Education by June 30, 2022 for final approval.

Fremont Unified School District utilized multiple strategies to engage all stakeholders in the process to give input into the priorities and goals of the LCAP. Members of the school community, parents, teachers, administrators, staff, students, and employee groups were invited to learn more about LCFF and LCAP and to participate in activities that would inform the planning process. Sites also used a variety of strategies to gather input from students, staff, parents, and community, including surveys, meeting with our DELAC and special LCAP information meetings.

Based on the themes, priorities, and stakeholder input, the 2022-2023 Local Control Accountability Plan increases and improves services to the unduplicated student groups: Homeless students, low income pupils; English Learners; and foster youth. The plan provides extensive supplemental materials to increase access to the core curriculum, increased direct teacher to student support through interventions, more time to access the curriculum through an extended day or year, targeted support for students who have skill gaps that need to be addressed, and social-emotional counseling for students in need of support.

15.2 Held a Public Hearing on the 2022-23 Proposed Budget

Interim Associate Superintendent Bruce Colby and Director of Budget, Audit and Attendance James Arcala shared the Proposed 2022-23 Budget Presentation.

Pursuant to Education Code (EC) 52062(b)(1), school districts are required to hold a public hearing to solicit the recommendations and comments of members of the public regarding the specific actions and expenditures proposed to be included in the Local Control and Accountability Plan (LCAP). The public hearing shall be held at the same meeting as the public hearing required by EC 42127(a)(1) for the Budget to be adopted in the subsequent fiscal year, which states that on or before July 1 of each year, the Governing Board of each school district shall accomplish the following:

  • Hold a public hearing on the budget to be adopted for the subsequent fiscal year. The budget to be adopted shall be prepared in accordance with Section 42126. The agenda for that hearing shall be posted at least 72 hours prior to the public hearing and shall include the location where the budget will be available for public inspection.
  • Adopt a budget. Not later than five days after that adoption or by July 1, whichever occurs first, the Governing Board shall file that budget with the County Superintendent of schools. That budget and supporting data shall be maintained and made available for public review.

The District is projecting a Fund 01 beginning fund balance of $74.6 million. The projected revenue is $414.5 million and projected expenditures is $413.4 million. The ending fund balance is projected at $75.5 million. The District's Reserve for Economic Uncertainties is estimated at 6.6% or $27.4 million.

The District prepared a multi-year budget projection to determine if the District will be able to meet its financial commitments for the current and two projected years. Based on these assumptions, the District will be able to meet its financial commitments for 2022-23 and two succeeding years.

The presentation, Proposed Budget Book for 2022-23, Reserve Disclosure Certificate, and FUSD Resolution 047-2122 and FUSD Resolution 048-2122 for committing funds are provided as information items for the public hearing.

The budget, certificate and resolutions will come back to the Board on June 29 for final approval.

15.3 Accepted Information About the California School Dashboard Report on Local Indicators for Fremont Unified School District for 2021-22

Assistant Superintendent of Instructional Services Leticia Salinas and Director of Secondary Education Steven Musto presented the 2022 LCAP Local Performance Indicator Self-Reflection.

The California School Dashboard is a website that shows how local educational agencies and schools are performing on the indicators in California's school accountability system. The Dashboard was created to give parents and the public a better idea of what is happening in our schools and districts and to identify where extra assistance is needed. The Dashboard shows performance on multiple measures that contribute to a quality education for students.

State data is not available for some priority areas identified in the Local Control Funding Formula law. For these priority areas, the State Board of Education approved the local indicators, which are based on information that local educational agencies collect. These local indicators are:

  • Basic Services
  • Implementation of Academic Standards
  • Parent Engagement
  • School Climate
  • Access to a Broad Course of Study

The Dashboard includes self-reflection tools that the State Board of Education approved as part of the new accountability system. Local educational agencies complete those self-reflection tools and can upload the information to be displayed through the Dashboard.

The Board unanimously accepted the California School Dashboard Report on Local Indicators for Fremont Unified School District for 2021-22.

15.4 Approved Agreement with Seneca Services to Continue the Walters Middle School Counseling Enriched Class for the 2022/23 School Year

Director of Special Education Fran English provided information. FUSD began contracting with Seneca Services to support a counseling enriched class at Walters Middle School for the 2020/21 and 2021/22 school years.

Due to both the success of and need for this program, it is recommended that the District once again enter into an MOU with Seneca for the 2022/23 school year. The linked document reflects the current cost of the program with all supports and services.

The Board unanimously approved the agreement with Seneca Services to continue the Walters Middle School Counseling Enriched Class for the 2022/23 school year.

15.5 Authorized Staff to Renew Agreement with Illuminate Education

In the 2016-2017 school year, the District previewed the Data and Assessment (DnA) system through Illuminate Education at multiple elementary and secondary schools. Feedback received from teachers and administrators was positive and the available assessment components met the needs of District staff. DnA was presented to the Technology Advisory Committee (TAC) on April 3, 2017 and the response was favorable.

In May of 2017, FUSD took action to authorize staff to enter into agreement with Illuminate Education. The cost for DnA was as follows: 2017-2018 $188,144; 2018-2019 $196,696; 2019-2020 $205,248; 2020-2021 $205,248; 2021-2022 $205,248. Based on annual student enrollment of 34,208.

Our one-year renewal of Illuminate Education DnA Software licenses includes:

  • Access to DnA content resources, and usage reporting within Illuminate Education's Learning Management System
  • Elementary report cards
  • lluminate Parent Portal for review of report cards and state assessment results

The Board unanimously authorized staff to renew the agreement with Illuminate Education for the 2022-2023 school year.

15.6 Approved Resolution No. 044-2122 Declaring the District’s Membership in FOCUS and Authorization to Utilize FOCUS Contract to Purchase Certain Network Equipment and Installation Services from AMS.NET, Inc

In planning for the future network upgrades, the District desires to contract for the procurement of network equipment and related services.

District staff have researched the costs and terms associated with AMS.NET, Inc. which was created via an award of the Fast Open Contracts Utilization Services (“FOCUS”) and believe that the prices available to the District are reasonable and that it would be in the best interests of the District to utilize the agreement to purchase the desired products from FOCUS.

Merced County administers FOCUS, which is a competitive procurement program offering qualified vendors in appropriate categories for purchases during the term of contract operation to FOCUS members.

Government Code section 6500 et seq. authorizes joint exercise by two or more public agencies of any power common to them, including the power to contract, even though one or more of the contracting agencies may be located outside the state (“Joint Powers Authority”). Under this Joint Powers Authority, the District is authorized to use contracts made available through FOCUS, without further competitive bidding. The District would like to avail itself of the opportunity made available by FOCUS in order to reduce its costs of procurement by utilizing the competitively bid contracts made available through FOCUS.

The District desires to contract for the procurement of network equipment and related service through this FOCUS membership.

The Board unanimously adopted Resolution 044-2122 declaring the District’s membership in FOCUS allowing authorized staff to procure products through FOCUS to purchase certain network equipment and installation services from AMS.NET, Inc.

15.7 Authorized Staff to Enter Into a Purchase Agreements with AMS.NET for Middle School (MS) Conversion Technology Purchases

The Fremont Unified School District (FUSD) is seeking to provide the same level of technology infrastructure at the Middle School (MS) Conversion sites as other school sites in the district: Centerville, Hopkins, and Thornton junior high schools.

Clock/bell/speakers will be installed in classrooms and other area on campuses. Wireless access points to provide wireless internet access will be installed in classrooms and other areas on campuses. Phones will be installed in new rooms on campuses; existing rooms already have phones installed. Network equipment needs to be purchased for new buildings.

FUSD will be using pricing made available by AMS.NET, Inc. through its contract award under the Fast Open Contracts Utilization Services (“FOCUS”). This item is contingent upon approval of Item 15.6, Approval of Resolution No. 041-2122 Declaring the District’s Membership in FOCUS and Authorization to Utilize FOCUS Contract to Purchase Certain Network Equipment and Installation Services from AMS.NET, Inc

The Board unanimously authorized staff to enter into a purchase agreement with AMS.NET for these MS Conversion technology purchases.

15.8 Authorized Staff to Enter Into a Joint Use Agreement for Student Transportation Services

Board Policy 3451 states that the School District will provide transportation for pupils under provisions of State law and Regulations. Due to the ongoing school bus driver shortage, it is necessary to use outside transportation service providers to supplement the District's home to school transportation services for students.

On April 22, 2022 the RFP#378-05-18-22 was released to the public. The RFP was advertised in the local newspaper, posted on the district website and sent to the current student transportation providers and potential student transportation providers that expressed interest. On May 18, 2022, at 2:00 PM, two responsive proposals were submitted for the transportation of students. Submitted proposals were evaluated by the Director of Transportation and staff to confirm that the submittals were complete and the Proposers were responsive.

The Board unanimously authorized staff to enter into a one-year agreement for SY 22-23 with the possibility of extending four additional one-year terms with the Santa Barbara Transportation Corp, dba Student Transportation of America, to supplement home to school transportation services.

15.9 Authorized Staff to Enter Into Agreement with Pinnacle Petroleum for Bulk Gasoline and Renewable Diesel Fuel

The Transportation Department maintains a fleet which uses Regular Unleaded Octane 87 and diesel fuel. The estimated annual usage for Regular Unleaded Octane 87 is 45,000 gallons and diesel fuel is 100,000 gallons. Based on the current market condition, the price per gallon of regular unleaded gasoline is approximately $4.4119 and diesel fuel is $ 4.776. The estimated annual total based on this pricing is approximately $643,000. This amount may change depending on the market condition and the price per gallon on OPIS PAD 4/5.

Vendors quote fuel prices based on a differential to the daily average price published in the Oil Price Information Service for the West Coast Region (OPIS PAD 4/5). The quoted differential remains fixed for the term of the contract. The bidder's quoted differential provides a daily price basis for the District to pay for their fuel deliveries at a rate either above or below the OPIS PAD 4/5 according to the lowest responsive bidder's pricing.

The District requested bids from qualified vendors. On April 22, 2022, the bid was publicly announced. On May 24, 2022, at 2:00 PM, two sealed bids were submitted. Staff verified the bids for adherence to quality.

The Board unanimously authorized staff to enter into an agreement with the best price for bulk regular unleaded octane 87 gasoline and renewable diesel fuel for the 2022-2023 fiscal year.

15.10 Approved Request to the State Board of Education to Waive Specified Education Code Requirements for the Disposition of Surplus Property

Education Code sections 17455-17484 dictate a specific procedure by which school districts dispose of their surplus property. This process, in general, includes a school district board setting a minimum price and the terms upon which the surplus property will be sold or leased during a public meeting, and setting a public meeting three weeks thereafter during which sealed proposals will be opened and oral bids received. The District would be limited to only accepting the highest price bid received during that public meeting or rejecting all bids. It is not uncommon for school districts to seek waivers of some or all of these procedures in order to have the most flexibility in seeking experienced buyers which will be in the District’s best interest.

At its April 21, 2021 meeting, upon a report and recommendation by its 7-11 Facilities Advisory Committee, the Board unanimously voted to declare the former Marshall Elementary School Site, a 2.62-acre parcel located at 5301 Curtis Drive in Fremont (Marshall Property), as surplus to the District’s education needs.

On March 23, 2022, the Board authorized staff to proceed with the necessary steps for the disposition of the Marshall Property, including executing the preliminary statutory requirements and exploring all other options for disposition of the surplus property in the best interests of the District, including seeking a waiver from the State Board of Education (SBE) of certain surplus disposition statutes, if needed.

On March 28, 2022, District staff mailed notices of priority offerings to numerous state, county and local public entities, indicating the District’s intent to sell or lease the Marshall Property, and inviting sealed offers of intent to purchase or lease the property with option to purchase. In addition, a general notice of the priority offering to public entities was published in the Bay Area News Group – Argus Newspaper on April 1, April 8, and April 15, 2022.

On April 4, 2022, District staff mailed letters to all Bargaining Units requesting consultation and a determination on whether they are neutral, support, or oppose the waiver of the statutory competitive bid requirements for surplus property. The District’s Bargaining Units include the California School Employee Association, the Fremont Unified District Teacher Association, and the Service Employee International Union.

On April 6, 2022, the District’s Facilities Advisory Subcommittee met during a publicly noticed and open meeting to review the proposed request for a waiver. The District’s Facilities Subcommittee took a vote and did not oppose the request for a waiver.

On April 13, 2022, the Board held a public hearing during which no public testimony or objection was received on the waiver request.

The District’s interest is to keep all possible options for the future of the Marshall Property open. Seeking a waiver of the statutory competitive bid procedure from the SBE would allow the District to consider all proposed options from the public, directly negotiate with potential buyers, obtain the best price for the transaction, and negotiate other terms beneficial to the District’s and public’s interests. Without the waiver, the District would be prohibited from negotiating with potential buyers, but restricted to selecting the highest priced bid.

Staff completed the various tasks seeking input from the community, as required by the SBE waiver process, in addition to completing the waiver request form, and is now prepared to submit the waiver request and all required supporting documentation for review.

The Board unanimously approved the request to the State Board of Education to waive specified Education Code requirements for disposition of surplus property located at 5301 Curtis Drive and authorized the Superintendent or his designee to submit the waiver request.

15.11 Authorized Staff to Enter Into an Agreement with One Workplace to Provide Furniture Procurement Services and to Ratify Previous Furniture Purchases for Measure E Bond Projects

On June 3, 2014, the voters of Fremont approved the $650 million Measure E general obligation bond initiative to upgrade and repair neighborhood schools by updating technology and aging classrooms; upgrading electrical wiring to current safety codes; fixing or replacing leaky roofs, aging plumbing and restrooms; removing asbestos; and repairing, constructing and acquiring equipment, classrooms, sites, and facilities.

On November 12, 2020, the Board of Trustees (Board) approved the pool of vendors for the furniture selection and coordination for Measure E projects.

In February 2022, in preparation for the upcoming completion of the 2022 summer phases of the middle school conversion projects, the District’s FF&E manager consultant issued an informal RFP for procurement of the required furniture for the newly completed buildings at Centerville, Hopkins and Thornton Middle Schools. The RFP was issued to the three (3) approved vendors in the furniture procurement pool based on a list of identified furniture needed at each site. The contracts were awarded on the basis of pricing, schedule and material availability. The bulk pricing is based on CMAS contracts from Omnia, Vizient and NCPA and will be utilized moving forward for the remaining furniture expenditures.

Staff requests Board's authorization to enter into an agreement with One Workplace for the various Measure E Bond projects in the amount of $380,923, and ratify previous furniture purchases in the amount of $1,265,721. The cost of this work is within the Board of Trustee approved budget allocated for each project listed above.

The Board unanimously authorized staff to enter into an agreement with One Workplace to provide furniture services and ratified previous furniture purchases for Measure E Bond projects.

15.12 Authorized Staff to Ratify the Change Orders within the Agreement with Rodan Builders for District and Developers Contingency Expenditure Directives for Phase 3 of the New Construction and Modernization Project at Centerville Middle School

This is a project funded by the Measure E general obligation bond.

Rodan Builders was awarded the construction contract for Centerville Middle School. Phase 1 & 2 of the project at Centerville has been completed. Phase 3 Increment 1 is still in progress. The Board previously ratified change orders #1- #5 for phase 3. This item is for change orders #6 and #7. These costs will be paid from the contract contingency amount and will not impact the overall budget of the project at this time.

The Board unanimously authorized ratification of the contingency directives for the Centerville Middle School project in the amount of $155,481.57.

15.13 Authorize Staff to Amend the Agreement with LPA, Inc. to Provide Design Services for the Modernization Project at Kennedy High School

This is a project funded by the Measure E general obligation bond.

On October 25, 2017 , the Board of Trustees (Board) authorized staff to enter into an agreement for architectural services for the project at Kennedy.

On March 11, 2020, the Board received a presentation on the project at Kennedy and provided approval to expand scope of work and move project up to increment 1. Additional scope includes site requests and community required changes. Changes include additional modification to the music room, site lighting, and landscape modifications.

On May 06, 2020, the Board authorized staff to amend the agreement with LPA for the project at Kennedy. On April 13, 2022, the Board authorized staff to amend the agreement with LPA for temporary housing for the project at Kennedy.

The Division of the State Architects (DSA) is requiring additional scope for the project at Kennedy which includes:

  • demolition of the existing auto shop
  • replacement of asphalt paving
  • modernization of the abandoned kitchen space
  • landscaping and irrigation of the exterior courtyard spaces
  • additional demolition and abatement of ceilings due to hazardous materials
  • replacement of ceiling
  • ADA path of travel requirements at the existing science labs

The cost of this work is within the budget for this project.

The Board unanimously authorized an amendment to the agreement with LPA, Inc. for the project at Kennedy High School in the amount of $359,779.

15.14 Authorized Staff to Amend the Agreement with Sixth Dimension, LLC for Construction Management Services for the New Construction and Modernization Project at Thornton Middle School

This is a project funded by the Measure E general obligation bond.

On June 26, 2019, the Board authorized staff to enter into an agreement with Sixth Dimension for design and bidding phase CM services for the project at Thornton. Staff advised that a planned amendment for the construction and closeout phase of the project would be presented at a future Board meeting.

On March 11, 2020, the Board authorized staff to amend the agreement with Sixth Dimension, LLC for construction phase construction management services for the project at Thornton.

Due to the change in the foundation design and specifications for seismic safety, along with an extended delay in DSA review and backcheck, the project at Thornton was delayed by approximately 12 months. Sixth Dimension has provided a proposal to extend their current contract to provide construction management services through project completion.

The Board unanimously authorized an amendment to the agreement with Sixth Dimension, LLC for construction management services for the new construction and modernization project at Thornton Middle School in the amount of $742,549.

15.15 Authorized Staff to Ratify the Change Orders within the Agreement with Lathrop Construction Associates for the New Construction and Modernization Project at Hopkins Middle School

This is a project funded by the Measure E general obligation bond.

On April 21, 2021, the Board authorized staff to enter into an agreement with Lathrop to provide construction services for the project at Hopkins. On May 19, 2021, the Board authorized staff to amend the agreement with Lathrop for the project at Hopkins. On January 26, 2022, the Board ratified change orders #1-#3 within the agreement with Lathrop for the project at Hopkins. On March 9, 2022, the Board ratified change orders #4-#5 within the agreement with Lathrop for the project at Hopkins.

The Board has previously ratified change orders #1-5. This item is for change orders #6 and #7. These costs will be paid from the contract contingency amount and will not impact the overall budget of the project at this time.

The Board unanimously authorized ratification of the change orders within the agreement for the Hopkins Middle School project in the amount of $487,452.14.

15.16 Authorized Staff to Ratify the Agreement with Blach Construction for District and Developers Contingency Expenditure Directives for the New Construction and Modernization Project at Thornton Middle School

This is a project funded by the Measure E general obligation bond.

Blach Construction was awarded the construction contract for Thornton Middle School for five increments of work. The current construction includes the construction of four classroom buildings in the rear of the school site. The play fields were completed in 2020 and the basketball and play sport courts were completed in Fall 2020. Portions of the areas are blocked off due to construction, but the northeast side of the campus is accessible for students and staff to access the site safely.

On March 13, 2019, the Board authorized staff to enter into an agreement with Blach to provide Lease-Leaseback (LLB) pre-construction services for the project at Thornton.

On May 6, 2020, the Board authorized staff to amend the facilities lease agreement with Blach for additional pre-construction services and for completion of the Work of Improvement of Increment 1 for the project at Thornton. On May 20, 2020, the Board authorized staff to amend the facilities lease agreement with Blach for completion of the Work of Improvement of Increment 3 – Baseball Field and Track along with the Phase 1 electrical utilities work for the project at Thornton. On August 24, 2020, the Board authorized the increase to the project budget at Thornton by $16.1 million. On November 17, 2021, the Board approved the ratification of the agreement with Blach for the district and developer’s contingency expenditure directives for the project at Thornton. On December 8,2021, the Board approved the ratification of the agreement with Blach for the district and developer’s contingency expenditure directives (district #2-13 and developers #2-7) for the project at Thornton.

The Board previously ratified district contingency directives #1-13 and developers contingency directives #1-7. This item is for district contingency directives #14-17 and developers contingency directives #8-9. These costs will be paid from the contract contingency amount and will not impact the overall budget of the project at this time.

The Board unanimously authorized ratification of the contingency directives for the Thornton Middle School project in the amount of $192,992.89.

15.17 Approved Amendment of the Facilities Lease Agreement with Blach Construction Company for Completion of the Improvement Work to set a Guaranteed Maximum Price (GMP) for Phase 3 Modernization and Sitework and Phase 4 New Administration/Library Building for the Middle School Conversion Project at Thornton Middle School

This is a project funded by the Measure E general obligation bond.

On April 18, 2018, the Board of Trustees (Board) authorized the use of the Lease-Leaseback (LLB) delivery method for some future construction projects, including the new construction and modernization project at Thornton.

Please see previous item for previous Board action on this project.

On October 28, 2020 , the Board amended the facilities lease agreement with Blach Construction to set a guaranteed maximum price for the phase 2 –project at Thornton.

On April 15, 2022 Blach Construction received bids for Guaranteed Maximum Price (GMP) 4 Phase 3 Modernization for the next phase of work. Vanir team and FUSD staff reviewed and negotiated the bids to prepare for submission to Board for approval in May 2022.

On May 27, 2022 Blach Construction received bids for GMP 5 Phase 4 New Administrative Building and Modernization Project. Vanir and the FUSD team have reviewed and negotiated the final bids received and have prepared them for Board approval.

Staff has reviewed the GMP proposal prepared by Blach Construction and found it to be in alignment with all terms and conditions of the site and facilities leases.

The Approval of these Guaranteed Maximum Prices will exceed the Construction Budget by $5,924,489. Through cost reductions of non-construction related services, this budget overrun has been reduced to $4,097,437.

Approval of these items will continue the current progress on the project and will maintain the schedule for completion in August of 2023.

Staff also requests that funds in the amount of $4,097,437 be taken from the Program Contingency for Measure E to replenish and offset the expenses identified in the budget overrun. The request to utilize funds from contingency will come forward from staff in another agenda item.

The Board unanimously approved amendment of the facilities lease agreement with Blach to include the Guaranteed Maximum Price 4 for Phase 3 Modernization and Sitework and Guaranteed Maximum Price 5 for Phase 4 New Administration/Library Building.

15.18 Approved Increase in Board Training and Development Budget, Attendance at California School Boards Association (CSBA) Annual Education Conference (AEC) & Trade Show, San Diego, CA

The Board previously allocated $15,000 per year, budget allowance for trustees to continue training and development. That budget was set in 2020 and since then California School Boards Association (CSBA) has increased registration costs for most of its events, the cost of air travel and hotel accommodations have also increased significantly.

CSBA’s Annual Education Conference and Trade Show (AEC) will take place December 1-3, 2022, in San Diego, CA. Trustees have the opportunity to attend the event in-person, at an approximate cost of $3,000-3,800 per Trustee, to include two student board members at approximately the same cost (cost per person includes event registration, transportation, lodging and meals). Registration for in-person attendance opened on June 7, 2022, with early bird in-person registration at $695 per person. The registration costs include the General Sessions and a selection of workshop sessions. Additional costs may include pre-conference events and meal function events. CSBA is not offering a virtual conference this year, however on-demand content (archived recordings of sessions) will be made available after the conference.

The Board discussed and came to consensus on an increase to the Training and Development Budget of $21,000. Further, the Board discussed and approved Board Trustees and Student Board Member(s) in-person attendance at the 2022 California School Board Association Annual Education Conference & Trade Show, December 1-3, 2022 in San Diego, CA.


The next Regular Meeting is scheduled for June 29, 2022 at 6:30pm (time subject to change)

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