OFFICE OF THE SUPERINTENDENT MEETING OF THE BOARD OF EDUCATION TUESDAY, JUNE 17, 2014 1515 Hughes Way, Long Beach, CA 90810 A G E N D A OPEN SESSION – 2:15 p.m., Room 464 ORDER OF BUSINESS 1. Call to Order 2. Announcements In accordance with California Government Code Section 54950 and following, the various matters to be considered in Closed Session today will be announced. 3. Public comments on items listed on the Closed Session agenda. CLOSED SESSION – Room 464 4. Student Discipline Matters Pursuant to CA Education Code Section 48900 and following 5. Confidential Student Matters Pursuant to CA Education Code Section 35146 6. Public Employee Discipline/Dismissal/Release 7. Public Employee Evaluation: Superintendent of Schools 8. Public Employee Appointment: Elementary School Principal, Elementary School Vice Principal, Middle/ K-8 School Principal, Middle K-8 School Assistant Principal, High School Principal, High School Principal of Instruction, High School Assistant Principal, Principal Coach, Head Counselor, Director, Assistant Director, Program Specialist I, Program Specialist II, Program Administrator, Administrative Assistant, Assistant Superintendent, Deputy Superintendent 9. Conference with Legal Counsel--Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of CA Government Code Section 54956.9. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 10. Conference with Legal Counsel--Existing Litigation Pursuant to subdivision (a) of CA Government Code Section 54956.9 Case Nos. OCR No. 09-12- 1329, OCR 09-12-1452, NC058295, NC058591, 10279242, 020705, SC.061212.641, BS 137598, SC.012913.660 and MSN14-0310 11. Collective Bargaining Proceedings Pursuant to Government Code Section 3549.1 12. Hearing of Complaints or Charges Brought Against an Employee by Another Person or Employee Pursuant to Government Code Section 54957 for the following positions: Classroom Teachers, School Site Administrators, School Site Classified Employees. (Subject to 24 Hour Prior Notice to the Employee. This item may be heard in open session during this time period should the employee so choose pursuant to Section 54957.) OPEN SESSION – 5:00 p.m., Community Room ORDER OF BUSINESS SUBJECT DISPOSITION 13. Pledge of Allegiance and Call to Order 14. In accordance with California Government Code Section 54957.7, the reports required of 54957.1 regarding actions taken in Closed Session will be made in writing at this time. The written report forms will continue to be made available upon request to the Assistant Secretary of the Board of Education. 15. Public Hearing None Information
Transcript
OFFICE OF THE SUPERINTENDENT
MEETING OF THE BOARD OF EDUCATION TUESDAY, JUNE 17, 2014
1515 Hughes Way, Long Beach, CA 90810
A G E N D A OPEN SESSION – 2:15 p.m., Room 464 ORDER OF BUSINESS 1. Call to Order 2. Announcements
In accordance with California Government Code Section 54950 and following, the various matters to be considered in Closed Session today will be announced.
3. Public comments on items listed on the Closed Session agenda. CLOSED SESSION – Room 464 4. Student Discipline Matters Pursuant to CA Education Code Section 48900 and following 5. Confidential Student Matters Pursuant to CA Education Code Section 35146 6. Public Employee Discipline/Dismissal/Release 7. Public Employee Evaluation: Superintendent of Schools 8. Public Employee Appointment: Elementary School Principal, Elementary School Vice Principal,
Middle/ K-8 School Principal, Middle K-8 School Assistant Principal, High School Principal, High School Principal of Instruction, High School Assistant Principal, Principal Coach, Head Counselor, Director, Assistant Director, Program Specialist I, Program Specialist II, Program Administrator, Administrative Assistant, Assistant Superintendent, Deputy Superintendent
9. Conference with Legal Counsel--Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of CA Government Code Section 54956.9. Significant
exposure to litigation pursuant to subdivision (b) of Section 54956.9 10. Conference with Legal Counsel--Existing Litigation
Pursuant to subdivision (a) of CA Government Code Section 54956.9 Case Nos. OCR No. 09-12-1329, OCR 09-12-1452, NC058295, NC058591, 10279242, 020705, SC.061212.641, BS 137598, SC.012913.660 and MSN14-0310
11. Collective Bargaining Proceedings Pursuant to Government Code Section 3549.1 12. Hearing of Complaints or Charges Brought Against an Employee by Another Person or Employee Pursuant to Government Code Section 54957 for the following positions: Classroom Teachers, School
Site Administrators, School Site Classified Employees. (Subject to 24 Hour Prior Notice to the Employee. This item may be heard in open session during this time period should the employee so choose pursuant to Section 54957.)
OPEN SESSION – 5:00 p.m., Community Room ORDER OF BUSINESS SUBJECT DISPOSITION 13. Pledge of Allegiance and Call to Order 14. In accordance with California Government Code Section 54957.7, the reports required of 54957.1
regarding actions taken in Closed Session will be made in writing at this time. The written report forms will continue to be made available upon request to the Assistant Secretary of the Board of Education.
15. Public Hearing None Information
AGENDA - Board of Education Meeting June 17, 2014 Page 2 16. Call for Agenda Items for Separate Action/Adoption of the Agenda as Posted Action 17. Approval of Minutes June 3, 2014 and June 9, 2014 Action 18. Communications Recognition of Retirees Information 19. Public Testimony on Items
Listed on Agenda (5 mins./Person, limit of 30 minutes)
20. Staff Report None Information 21. Public Testimony on Items
Not Listed on Agenda (3 mins/Person, limit of 30 minutes)
22. Business Items Action Items Personnel Action Instruction Action Graduation Requirement Exemption: Health
Finance Report Action Business Department Report Action Purchasing & Contract Report Action 23. Other Items Superintendent Items Student Readmits Action Administrative Assignments Action 24. Unfinished Business None Information/Action 25. New Business List of Candidates for Graduation Action Local Control Accountability Plan Action
Adoption of the District’s Budget for FY 2014-15 Action
FY2014-15 Salaries Declared Indefinite for Employees Represented by TALB, by CSEA, and for Management, Supervisory, Confidential and Other Non-Represented Employees
Action
Initial Reopener Bargaining Proposals from the Teachers Association of Long Beach (TALB), K-12 and CDC/Head Start, to the District
Information
AGENDA - Board of Education Meeting June 17, 2014 Page 3 Resolution 061714-A, Regarding the Education
Protection Account for FY 2014-15 Action
Resolution 061714-B, Giving Authorization for Temporary Cash Borrowing Between Funds
Action
Resolution 061714-C, Giving Authorization for Temporary Transfers from the Los Angeles County Treasurer
Action
Resolution 061714-D, Superseding Resolution No. 061813-D and Establishing Revolving Cash Fund for the Long Beach Unified School District
Action
Resolution 061714-E, Approving A School Facilities Needs Analysis, Adopting Alternative School Facility Fees in Compliance with Government Code Sections 65995.5, 65995.6 and 65995.7, Adopting Responses to Public Comments Received and Making Related Findings and Determinations
Action
Resolution 061714-F, Amending Implementation of Prequalification of Construction Contractors Under Public Contract Code Section 20111.6 Long Beach Unified School District
Action
26. Report of Board Members Information 27. Announcements Information 28. Adjournment & Setting of
Next Meeting The next regular business meeting will be held on MONDAY, JULY 21, 2014
ACCESS TO PUBLIC DOCUMENTS Public records related to the open session agenda that are distributed to the Governing Board less than 72 hours before a regular meeting, may be inspected by the public at the Board of Education Office at 1515 Hughes Way, Long Beach, CA 90810, during regular business hours (8:00 a.m. to 4:40 p.m.).
REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY Any individual with a disability who requires reasonable accommodation to participate in a Board meeting may request assistance by contacting the Board of Education Office, 1515 Hughes Way, Long Beach, CA 90810; telephone: (562) 997-8240; fax: (562) 997-8280.
Board of Education
LONG BEACH UNIFIED SCHOOL DISTRICT _______________________________________________________________________________________ SUBJECT: Personnel Transactions Enclosures _______________________________________________________________________________________ CATEGORY: Business Items Reason for Board Consideration: Action Human Resource Services Date: June 17, 2014 The following employees are retiring after many years of loyal service to the district. The Superintendent recommends that letters of appreciation be written to them in recognition of their service. 1. Certificated Personnel It is recommended that the certificated personnel transactions indicated on the personnel report be approved as listed.
Name
Position
Location
Years of Service
Gault, Julia Teacher Lafayette 14 Harrison, Deborah Teacher Harte 18 Hogan, Christopher Teacher International 17 Kvitky, Lily Teacher Grant 12 Miniaci, Karen Teacher Special Education 33 Montoya, Teresa Principal Cleveland 26 Rivera, Sandra Teacher Hoover 15 Speir, Terry Activities Specialist Polytechnic 24 Stone, Robert Teacher Millikan 16
2. Classified Personnel It is recommended that the classified personnel transactions indicated on the personnel report be approved as listed.
Name
Position
Location
Years of Service
Mamea, Elizabeth I Aid-Spc Polytechnic 20 Spano, Linda Sch Support Secretary Jordan 23
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HUMAN RESOURCE SERVICES CERTIFICATED Office of the Assistant Superintendent
Dr. Felton Williams Revised VISED Human Resource Services Long Beach Unified School District June 17, 2014 The Assistant Superintendent, Human Resource Services recommends the following proposed actions for Board approval subject to requirements of California law: APPOINTMENTS TO
Ahmadi, Kathryn Regular Contract Teacher R - Unassigned Ajiduah-Towery, Iyaunna “ “ R - Unassigned Alberto, Natasha “ “ R - Unassigned Alvarez, Davealyn “ “ R - Unassigned Alviar, Mary Jane “ “ R - Unassigned Andersen, Maria “ “ R - Unassigned Antonio, Kathyrine “ “ R - Unassigned Armstrong, Michelle “ “ R - Unassigned Avila, Nancy “ “ R - Unassigned Baran, Nooshin “ “ R - Unassigned Barragan, Jennifer “ “ R - Harte Becker-Bermudez, Alicia “ “ R - Unassigned Blackburn, Gloria “ “ R - Unassigned Brown, Patricia “ “ R - Unassigned Cajudo, Lanie “ “ R - Unassigned Camarillo, Holly “ “ R - Unassigned (w) Campbell, Bridgett “ “ N - Unassigned Carlson, Jocelyn “ “ R - Unassigned Centurion, Cynthia “ “ R - Unassigned Chai, Esther “ “ R - Unassigned Cherms, Karina “ “ R - Unassigned Cleven, Brian “ “ R - Unassigned Cline, Laurie “ “ R - Unassigned Cogan, Paula “ “ R - Unassigned Coleman, Melanie “ “ R - Unassigned Corral, Maria “ “ R - Unassigned Coussell, Lisa “ “ R - Unassigned Cuaxiloa De Shivers, Gloria “ “ R - Unassigned Daley, Kathleen “ “ R - Unassigned Dominguez, Rosio “ “ R - Unassigned Dunbar, Daniel “ “ R - Unassigned Elia, Karla “ “ R - Unassigned Espinoza, David “ “ R - Unassigned Fakes, Damien “ “ R - Dooley Faris, Robert “ “ R - Unassigned Fidel, Jodee “ “ R - Unassigned Freer, Nichole “ “ R - Unassigned
Human Resource Services June 17, 2014 Board Recommendations Page 2 Certificated APPOINTMENTS TO
Fulton, Mary Regular Contract Teacher R - Unassigned Garcia, Maria D. “ “ R - Unassigned Gentle, Diane “ “ R - Unassigned Gibbons, Megan “ “ R - Unassigned Glasser, Scott “ “ R - Unassigned Gonser, Sherri “ “ R - Unassigned Greer, Diane “ “ R - Unassigned Gustafson, Courtney “ “ R - Unassigned Hadley, Miriam “ “ R - Unassigned Hawkins, Michelle “ “ R - Unassigned Heilemann, Ralph “ “ R - Unassigned Hryze, Gina “ “ R - Unassigned Hubbard, Anastasia “ “ R - Unassigned Huizar, Alicia “ “ R - Unassigned Ibarra, Veronica “ “ R - Unassigned Irwin, Sandra “ “ R - Unassigned Johnson, Geri “ “ R - Unassigned Jones, Rodney “ “ R - Unassigned Kaiser, Kristie “ “ R - Unassigned Kane, Mary “ “ R - Unassigned Kim-Clinton, Jennifer “ “ R - Unassigned Kincaid, Nicolas “ “ R - Unassigned Kolsky, Lee “ “ R - Unassigned Kroneberger, Yvonne “ “ R - Unassigned Leonard, Gertrude “ “ R - Unassigned Lindsay, Susan “ “ R - Unassigned Livingston, Jody Sun “ “ R - Unassigned Lombard, Ian “ “ R - Unassigned Lourenco, Sonia “ “ R - Unassigned Maciel, Denny “ “ R - Unassigned Mahnken, Kelly “ “ R - Unassigned Matthews, Erica “ “ R - Unassigned McKnight, Nancy “ “ R - Unassigned Melendez, Martha “ “ R - Unassigned Montgomery, Sharon “ “ R - Unassigned Morales, Maribel “ “ R - Unassigned Munro, Valerie “ “ R - Unassigned Oetken, Jane “ “ R - Unassigned Oliver, Lisa “ “ R - Unassigned Penttila, Scott “ “ R - Unassigned Pettit, Lonna “ “ R - Unassigned Puentes, Marilu “ “ R - Unassigned Rafkin, Jennifer “ “ R - Unassigned Rappaport, Hartley “ “ R - Unassigned Rasmusson, Florinda “ “ R - Unassigned Reyes, Nicole “ “ R - Unassigned Richardt, Steven “ “ R - Unassigned Rodriguez, Elsa “ “ R - Unassigned
Human Resource Services June 17, 2014 Board Recommendations Page 3 Certificated APPOINTMENTS TO
Rodriguez, Jacqueline Regular Contract Teacher R - Unassigned Ruiz, Alejandro “ “ R - Unassigned Ruiz, Ana “ “ R - Unassigned Saikley, Jessica “ “ R - Unassigned Sands, Erica “ “ R - Poly Schwenzfeier, Dominique “ “ R - Unassigned Seo, Tina “ “ R - Unassigned Smith, Toiya “ “ R - Unassigned Sparks, Julie “ “ R - Unassigned Spencer, Thelma “ “ R - Unassigned Spenker, Paula “ “ R - Unassigned Strouse, Andrea “ “ R - Unassigned Tyhurst, Jill “ “ R - Unassigned Valenzuela, Mireya “ “ R - Unassigned Van Fossen, Laurel “ “ R - Unassigned Velasquez, Beatriz “ “ R - Unassigned Walker, Leslie “ “ R - Unassigned Wells, Kirsten “ “ R - Unassigned Wielandt, Lori “ “ R - Unassigned Williams, Marchell “ “ R - Unassigned Wills, Stacey “ “ R - Unassigned Cueva, Carissa Marie Regular Contract Counselor R - Unassigned Freihaut, Nancy “ “ R - Unassigned Ho-Ching, Daniel “ “ R - Unassigned Johanson, Derek “ “ R - Unassigned Koga, Michelle “ “ R - Unassigned Salazar, Catherine “ “ R - Unassigned Valdez, Nora “ “ R - Unassigned Symes, Angela Regular Contract Librarian R - Unassigned (f) Mariano, Mia Special Contract Teacher N - Burnett Subject to separation if no substitute service for the school year: (b) Breaux, Ron Day to Day Substitute Teacher (w) Brodowski, Damon “ “ (w) Collins, Deborah “ “ (w) Denney, Allison “ “ (h) Gomez, Kaylie “ “ (a) Ho, Kathleen “ “ (o) Kezman, Vincent “ “ (a) Luong, Kimberley “ “ (w) Lynn, Elodie “ “ (h) Macias, Priscilla “ “ (o) McNair, Cynthia “ “ (b) Murphy, Erica “ “ (w) Nishkian, Michael “ “ (w) Oglesby, Pamela “ “
Human Resource Services June 17, 2014 Board Recommendations Page 4 Certificated Subject to separation if no substitute service for the school year: (b) Ojeifoh, Mustafa Day to Day Substitute Teacher (w) Pendleton, David “ “ (w) Salsgiver, Kelly “ “ (h) Sandoval, Barbara “ “ (w) Sebren, Leanne “ “ (o) Stanford, Amy “ “ (w) Stuyvesant, Anne “ “ (w) Tasiemski, Kimberly “ “
INSERVICE CHANGES
Afgani, Rebecca Additional Service – Additional Hourly Interview Panel
Banks, Heather “ “ Saturday School
Chavez, Ernest “ “ SSP Leadership Meetings
Cuyugan, Rory “ “ ESY
Evans, Veronica “ “ Update CBEDS/prepare new courses
Ferrell, Rachell “ “ ESY
Finder, Dianne “ “ ESY
Freidhoff, Karen “ “ Psych assessments
Gustafson, Shelley “ “ Interview Panel
Hildreth, Rhonda “ “ ESY
Kaur, Manju “ “ ESY
Kegel, Daniel “ “ VI Itinerant ESY
Lemen, Ania “ “ VI Itinerant ESY
Lemmis, Sharon “ “ VI Itinerant ESY
Macklin, Jennifer “ “ SSP Leadership Meetings
Quezada, Abelardo “ “ VI Itinerant ESY
Rosales Jr., Edgar “ “ ESY
Rozzel, Jessica “ “ ESY
Saldivar, Rolando “ “ tutoring
Samuels, Edward “ “ Interview Panel
Sigur IV, Edward “ “ Interview Panel Adoption of Salary Schedule EFFECTIVE DATE Schedule F6b – Head Start Education Specialist (193 Day Year Round Calendar)
07/01/14
LEAVES OF ABSENCE NAME ASSIGNMENT DATES OF LEAVE
Kacoullas, William Teacher Gant
05/29/14 to 06/13/14 Family Medical Leave
Patterson, Gilda Teacher Renaissance
09/15/14 to 10/06/14 Other:help daught
Human Resource Services June 17, 2014 Board Recommendations Page 5 Certificated LEAVES OF ABSENCE NAME ASSIGNMENT DATES OF LEAVE
Som, Kevin Teacher Harte
09/02/14 to 07/27/15 Rest and Recreation
Thomas, Tara Teacher Alvarado
09/02/14 to 07/27/15 Other: starting consultant business
Wechsung, Cindy Teacher Alvarado
09/02/14 to 07/27/15 Other: starting consultant business
Wong, Pauline Teacher Wilson
05/08/14 to 06/13/14 Family Medical Leave
RELEASE OF SPECIAL CONTRACT EMPLOYEE [EDUCATION CODE 44954] Close of work on date indicated. NAME ASSIGNMENT EFFECTIVE Mariano, Mia Teacher
Burnett
07/25/14
RESIGNATIONS (BOARD POLICY 4117.2) DATE OF DATE OF NAME ASSIGNMENT EMPLOYMENT RESIGNATION Ivey, Kari Employment other district
Teacher RIF
09/05/06 06/13/14
Kaplinsky, Megan Employment other district
Teacher Wilson
07/13/88 06/13/14
Pappenfus, Abby Employment other district
Teacher RIF
03/25/97 06/13/14
RETIREMENTS DATE OF DATE OF NAME ASSIGNMENT EMPLOYMENT RETIREMENT Gault, Julia (14 years of service – will not attend)
Teacher Lafayette
08/30/00 07/25/14
Harrison, Deborah (18 years of service – will not attend)
Teacher Harte
09/03/96 07/25/14
Human Resource Services June 17, 2014 Board Recommendations Page 6 Certificated RETIREMENTS DATE OF DATE OF NAME ASSIGNMENT EMPLOYMENT RETIREMENT Hogan, Christopher (17 years of service – will attend)
Teacher International
09/02/97 06/13/14
Kvitky, Lily (12 years of service – will not attend)
Teacher Grant
08/09/02 07/25/14
Miniaci, Karen (33 years of service – will not attend)
Teacher Special Education
09/04/81 06/30/14
Montoya, Teresa (26 years of service – will attend)
Principal Cleveland
12/20/88 06/20/14
Rivera, Sandra (15 years of service – will not attend)
Teacher Hoover
09/03/99 06/13/14
Speir, Terry (34 years of service – will attend)
Activities Specialist Polytechnic
09/15/80 06/30/14
Stone, Robert (16 years of service – will not attend)
Teacher Millikan
09/01/98 06/13/14
AMENDMENTS 04/01/14 BA Amend Leave of Absence End Date for Thedford, Brandon from 6/13/14 to 6/09/14. 04/01/14 BA Amend Release of Special Contract End Date for Kraslow, Darla from 6/13/14 to 6/20/14.
Dr. Felton Williams REVISED Human Resource Services Long Beach Unified School District The Assistant Superintendent, Human Resource Services, recommends the following proposed actions for Board approval subject to requirements of California law: APPOINTMENTS TO Classified - Probationary
Barber, Julie Int Accounting Asst N-Operation Br Miles-Chambers, Demetri I Aid-Spc N-Los Cerritos Smith, Rodnay I Aid-Spc N-Buffum Townsend, Tasha I Aid-Spc N-Hill
Subject to separation if no substitute service for the school year
Mieske, Jeffrey Day to Day Substitute Custodian Peraza, Jose “ ” Ascheri, Michelle Day to Day Substitute I Aid-Spc Chao, Charmaine “ ” Hutchins, Charlene “ ” Lozon, Samantha “ ” Medrano, Carol “ ” Williams, Sandra “ ”
Provisional
Bair, George Intermediate Office Asst Gill, Cynthia “ ” Smith, Lori “ ” Vieville, Michelle “ ”
Exempt
Banes, Jayne Alisha Cafeteria Student Asst
Chhem, Steven “ ”
Gonzalez, Jovanny “ ”
Hernandez, Jesse “ ”
Jones, Miracle “ ”
Liu, Jiale “ ”
Smith, Asia “ ”
Valderrama, Sara “ ”
Vazquez, Daniel “ ”
June 17, 2014
Annotated by L CLASSIFIED AND EXEMPT
HUMAN RESOURCE SERVICES & LEADERSHIP DEVELOPMENT Office of the Assistant Superintendent
Human Resource Services June 17, 2014 Board Recommendations Page 2 Classified and Exempt
In Accordance with California Code of Regulations, Title 5, Section 5593:
Johnson, Brian Instructor Athletics (HS)
Kezman, Vincent “ ”
Loalbo, Michael “ ”
McAndrews, Michael “ ”
Munoz Vergara, Omar “ ”
Peggins, Mario “ ”
College Student Aide As needed, not to exceed 18 hours per week, with no authorization to work during the intersession & winter/spring break, subject to certification.
Olguin, Della
INSERVICE CHANGES Summer Employment
Bellmar, Anthony Campus Security Officer Polytechnic Brigg, John “ ” Burcham Burton, Ramona “ ” Cabrillo Bynum, Christopher “ ” Lakewood Cortez, Fidel “ ” Jordan Doakes, Yvonne “ ” Jordan Hall, Bridgette “ ” Polytechnic Hildreth, Regina “ ” Lakewood
Human Resource Services June 17, 2014 Board Recommendations Page 3 Classified and Exempt INSERVICE CHANGES Summer Employment
Human Resource Services June 17, 2014 Board Recommendations Page 6 Classified and Exempt INSERVICE CHANGES Summer Employment
Legaspi, Danilo Int Nutrition Svcs Wkr Nutrition Svcs Malbrough, Monique “ ” Nutrition Svcs Marcelle, Isa “ ” Nutrition Svcs Mercado, Maria “ ” Nutrition Svcs Montes, Alma “ ” Nutrition Svcs Nappi, Joanne “ ” Nutrition Svcs Overbey, Julie “ ” Nutrition Svcs Phan, Naita “ ” Nutrition Svcs Quesada, Marie “ ” Nutrition Svcs Richardson, Edward “ ” Nutrition Svcs Rodriguez, Armida “ ” Nutrition Svcs Ross, Kim “ ” Nutrition Svcs Sherman, Phyllis “ ” Nutrition Svcs Ugalde, Ignacio “ ” Nutrition Svcs Velasquez, Lillian “ ” Nutrition Svcs Walker Burroughs, Gwendolyn “ ” Nutrition Svcs Williams, Roselyn “ ” Nutrition Svcs Wyatt, Dalene “ ” Nutrition Svcs Castro, Lorraine Int Office Asst-Sch Wilson Davis, Leslie “ ” Cabrillo Enhelder, Patricia “ ” Lakewood Fells, Elsie “ ” Polytechnic Mack, Mary “ ” Millikan Vaughn, Christine “ ” Jordan Baez Jr., Richard Kids Club Asst Cubberley-Kids Club Burks Randle, Michelle “ ” Prisk-Kids Club Lach, Theodora “ ” Cubberley-Kids Club Martin, Lauren “ ” Prisk-Kids Club Gutierrez, Kristie Kids Club Lead Asst Prisk-Kids Club Velasquez, Madison “ ” Cubberley-Kids Club Phelps, Nicole Kids Club Spv I Cubberley-Kids Club Valentino, Tanya-Olavee “ ” Prisk-Kids Club Larkin, Valerie Mail Delivery Dr Operation Br Martinez, Laura Middle Sch Office Spv Marshall Davies, Deann Nutrition Svcs Spv I Millikan Gowin, Becky “ ” Wilson Limbocker, Denise “ ” Burcham Morbley, Mary Lou “ ” Cabrillo Oliva, Ruth “ ” Buffum Ortega, Harriet “ ” Marshall Ortega, Malitzin “ ” Lakewood Reilly, Kathy “ ” Holmes/Jordan Plus Vega, Shannon “ ” Polytechnic Briggs, Alice Nutrition Svcs Wkr Marshall Cardwell, Nancy “ ” Burcham Cid, Antonio “ ” Marshall
Human Resource Services June 17, 2014 Board Recommendations Page 7 Classified and Exempt INSERVICE CHANGES Summer Employment
Contreras, Mary Lisa Nutrition Svcs Wkr Wilson Correa, Haydee “ ” Lakewood Flores, Michelle “ ” Burcham Garcia, Michael “ ” Polytechnic Khondaker, Ahammed “ ” Jordan Plus Marquez-Garcia, Angelina “ ” Millikan Moore, Lori “ ” Polytechnic Moran, Mabel “ ” Wilson Pryor, Demitria “ ” Polytechnic Ramirez, Alicia “ ” Millikan Rivera, Elizabeth “ ” Jordan Plus Rodriguez,Garciela “ ” Cabrillo Ross, Gail “ ” Lakewood Saiz, Ester “ ” Cabrillo Shannon, Patricia “ ” Buffum Woodson, Claudia “ ” Cabrillo Almaraz Jr., Armando Rec Aide – Kids’ Club Cubberley Arriola Jr., Hermes “ ” Cubberley Biel, Callie “ ” Prisk Fox, Brendan “ ” Prisk Garcia, Adriana “ ” Cubberley Garcia, Jessica “ ” Prisk Leav, Daitrang “ ” Prisk Lim, Ashton “ ” Prisk Matthiensen, Candice “ ” Prisk McCoy, Sean “ ” Cubberley McKeller Jr., David “ ” Prisk Minecki, Tasia “ ” Cubberley Nelson, Miranda “ ” Prisk O’Leary, Aislinn “ ” Cubberley Roberts, Rachel “ ” Cubberley Rosales, Evelyn “ ” Cubberley Rothenburger, Chantel “ ” Prisk Sombrito, Jacob “ ” Prisk Streeter, Tyler “ ” Cubberley Thompson, Zachary “ ” Cubberley Van Fleet, Kayley “ ” Prisk Villegas, Laura “ ” Cubberley LEAVES OF ABSENCE NAME ASSIGNMENT DATES OF LEAVE
Acosta, Lauren I Aid-Spc
Wilson 05/21/14 to 06/12/14 Child Care
Human Resource Services June 17, 2014 Board Recommendations Page 8 Classified and Exempt LEAVES OF ABSENCE NAME ASSIGNMENT DATES OF LEAVE
Jones, Bridgette HS Parent Aide (R)
Head Start 04/17/14 to 05/28/14 Rest and Recuperation
Ragucci, Darlene Tech Support Rep Information Svcs
06/12/14 to 08/12/14 Rest and Recuperation
RESIGNATIONS (BOARD POLICY 4117.2) DATE OF DATE OF NAME ASSIGNMENT EMPLOYMENT RESIGNATION Probationary Aguirre, Gerardo
Int Office Asst-Sch Webster
12/04/13 06/12/14
Permanent
Bocanegra, Lorena
I Aid-Spc Hamilton
09/05/07 08/01/14
Carroll, Kaci
I Aid-Spc Buffum TLC
01/04/10 09/01/14
Novak, James
Chief Bus & Fin Officer CBFO
07/18/11 06/30/14
RETIREMENTS DATE OF DATE OF NAME ASSIGNMENT EMPLOYMENT RETIREMENT Golledge, Barbara
Nutrition Svcs Wkr Prisk
01/22/86 06/13/14
Mamea, Elizabeth
I Aid-Spc Polytechnic
02/02/94 06/12/14
Spano, Linda
Sch Support Secretary Jordan Plus
10/31/90 06/20/14
Human Resource Services June 17, 2014 Board Recommendations Page 9 Classified and Exempt ACCEPT THE ESTABLISHMENT OF THE NEW CLASSIFICATION AND APPROVE THE SALARY RECOMMENDATION FROM THE PERSONNEL COMMISSION: SALARY SCHEDULE RANGE Facilities Project Manager-Construction 1 046
Facilities Project Manager-Planning 1 046 APPROVE THE RECOMMENDATION OF THE PERSONNEL COMMISSION TO ABOLISH THE FOLLOWING CLASSIFICATIONS: Facilities Project Manager Fleet Maintenance Supervisor Plant Supervisor – Headquarters REDUCTIONS: LACK OF WORK / LACK OF FUNDS (Education Code Sections 45117, 45261, 45298, 45308)
POSITION SITE ASSIGNMENT
Nutrition Svcs Wkr Twain From: 43.8% FTE To: 37.5% FTE
AMENDMENTS 03/18/14 Board Amend Leave of Absence End Date for Riley, Charice from 01/04/15 to 06/17/14.
1
BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT
Consideration: Action/Information Date: June 17, 2014 _________________________________________________________________________ 1. APPROVE SINGLE PLAN FOR STUDENT ACHIEVEMENT 2013-2014 Approve the Single Plan for Student Achievement (SPSA) for Alvarado Elementary School and Educational Partnership High School. Each of the plans has been reviewed by Equity, Access, and College & Career Readiness staff for compliance. Each plan contains the components of effective planning based on student needs, assessment data, use of staff, parent involvement, and allocation of resources. Each schools’ approved SPSA for the 2013-2014 school year will also serve as an interim plan until the following school year’s SPSA is revised and approved. The funding for all programs and personnel outlined in these SPSAs is reflective of the current fiscal year only. 2. APPROVE LONG BEACH UNIFIED SCHOOL DISTRICT’S CONSOLIDATED
APPLICATION- SPRING DATA COLLECTION Authorize submission of the Spring Collection of the District’s 2014-2015 Consolidated Application for Funding Categorical Aid Programs for federal funds to continue four categorical education programs during the 2014-2015 school year:
Title I, Part A, Basic Grant Title II, Part A (Teacher and Principal Training and Recruiting) Title III (Program for Limited English Proficient [LEP] Students) Title III (Program for Immigrant Students)
All K-12 students enrolled in Long Beach Unified School District participate in two or more of these categorical programs. Background information and a copy of the report are available in the Office of Equity, Access, and College & Career Readiness. 3. APPROVE THE 2014-15 SPECIAL EDUCATION ANNUAL SERVICE AND BUDGET
PLANS Approve the submission of the Long Beach Unified School District's Special Education Annual Service Plan and the Special Education Annual Budget Plan in accordance with the California Education Code, Section 56205 (b) (1) and (2). Both plans are yearly requirements of the California Department of Education. These submissions are for the 2014-15 School Year. The Annual Service Plan describes the full continuum of options/services offered to all students with disabilities from birth to age 22. The plan demonstrates that all individuals with exceptional needs have access to services and instruction appropriate to meet their needs as specified in their Individualized Education Programs (IEPs). The Annual Budget Plan identifies expected expenditures for all items required, including, but not limited to, the following:
2
• Funds received in accordance with Chapter 7.2 • Administrative costs • Services to pupils with severe disabilities and low-incidence disabilities • Services to students with non-severe disabilities • Supplemental aids and services to meet the individual needs of pupils placed in
regular education classrooms and environments • Regionalized operations and services • Direct instructional support by program specialists in accordance with Article 6
These plans may be revised during the fiscal year according to the district's Special Education Local Plan and the District's policy making process. Both plans, as well as a list of locations where services are provided, are available for review in the Office of School Support Services.
4. APPROVE ADDITIONAL MEMBERS TO THE COMMUNITY ADVISORY
COMMITTEE FOR SPECIAL EDUCATION Approve the following voting members of the Community Advisory Committee (CAC) for Special Education:
1. Viola Mae Bledsoe 2. Silvia Cadena 3. Arceli Cervantes 4. Marilyn Cudiamat 5. Joseph Emory 6. Kristy Emory 7. Elsa Escobedo 8. Rodney Ford 9. Jose Garcia 10. Mayra Garcia 11. Yolanda Gomez 12. Maria Teresa Gonzales 13. Joey Hayashi 14. Marra Landeros 15. Guadalupe Magdelana 16. Bernice Marin 17. Juliana Martinez 18. Paula Martinez 19. Lisa Nelson 20. Elva Ramos 21. Magnolia Rodriguez 22. Guillermina Romero 23. Tom Soto 24. Wendy Vecchiolla 25. Aazam Zamini
These twenty-five parents and/or community members will serve a two-year term extending from July 1, 2014, through June 30, 2016. They are additions to the existing CAC voting members previously approved by the LBUSD Board of Education whose terms expire on June 30, 2015, and replacements for those whose terms expire on June 30, 2014, or those whose memberships have lapsed according to the Community Advisory Committee by-laws.
3
5. APPROVE THE REVISED LBUSD HEAD START SEQUESTRATION REDUCTION PLAN
Approve revisions to the Head Start Sequestration Plan for the 2014-2015 program year. In an effort to promote quality instruction, while moving closer toward the new single session federal expectation, the Head Start program revised the Sequestration Plan which will serve 80 children in four single session classes. 6. APPROVE NEW HIGH SCHOOL WORLD LANGUAGE COURSE OUTLINE- FRENCH
FOR SPANISH SPEAKERS, 1-2 Approve the new regular status World Language course outline entitled French for Spanish Speakers 1-2. The new course outline reflects the updated UC requirements as well as the LBUSD goals for high school reform. The Deputy Superintendent and the Assistant Superintendent of High Schools have reviewed the course outline and support implementation of this curriculum. The following basic textbook is recommended to support the implementation of this course:
This recommended basic textbook meets the social compliance criteria for instructional materials established by the State of California. The course is proposed World Language credit as well as meeting the UC ‘e’ requirement. Prepared by Approved and Recommended by James Suarez, Assistant Director Christopher J. Steinhauser Equity, Access and Superintendent of Schools College & Career Readiness
Christine Dominguez, Deputy Superintendent Curriculum, Instruction, Professional Development
Jill Baker, Assistant Superintendent
Elementary & K-8 Schools/Chief Academic Officer
Pete Davis, Assistant Superintendent Secondary Schools
Connie Jensen, Assistant Superintendent Student Support Services mb/js
BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT
____________________________________________________________________________ SUBJECT: Graduation Requirement Exemption: Enclosures: None Health Education ____________________________________________________________________________ CATEGORY: BUSINESS ITEMS Reason for Board Instruction Consideration: Action
Date: June 17, 2014 ____________________________________________________________________________ BACKGROUND: Under Education Code 51225.3 (a) (2), governing boards of local school districts may adopt additional coursework requirements for graduation. LBUSD Board Policy 6146.1 High School Graduation Requirements states that students in the graduating Class of 2014 must complete Health Education (a semester course) to meet the high school graduation requirements. The Governing Board may grant an exemption from a local graduation requirement if there is no alternate mode for completing the requirement. Students on the following list are not able to complete the Health Education graduation requirement as a result of a lack of opportunity to take the course due to their late transfer to LBUSD and are therefore requesting an exemption from this local graduation requirement that is usually met in the freshman year.
RECOMMENDATION: That the Board of Education grant students listed above an exemption from the Health Education local graduation course requirement. These students (1) are not able to meet the requirement through alternate mode and (2) consent to the exemption. Prepared by: Approved and Recommended: Christine Dominguez Christopher Steinhauser Deputy Superintendent Superintendent of Schools
BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT
____________________________________________________________________________ SUBJECT: Graduation Requirement Exemption: Enclosures: None Computer Applications ____________________________________________________________________________ CATEGORY: BUSINESS ITEMS Reason for Board Instruction Consideration: Action
Date: June 17, 2014 ____________________________________________________________________________ BACKGROUND: Under Education Code 51225.3 (a) (2), governing boards of local school districts may adopt additional coursework requirements for graduation. LBUSD Board Policy 6146.1 High School Graduation Requirements states that students in the graduating Class of 2014 must complete Computer Applications to meet the high school graduation requirements. The Governing Board may grant a student an exemption from a local graduation requirement if there is no alternate mode for completing the requirement. Students on the following list are not able to complete the Computer Applications graduation requirement as a result of a lack of opportunity to take the course due to late transfer to LBUSD, IEP Core Requirements, or based on the need to take other required or recommended courses such as literacy and/or math intervention courses and are therefore requesting an exemption from this local graduation requirement.
RECOMMENDATION: That the Board of Education grant the students listed above an exemption from the Computer Applications local graduation requirement. These students (1) are not able to meet the requirement through an alternate mode, and (2) consent to the exemption. Approved and Recommended: Christopher Steinhauser Superintendent of Schools
BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT
Date: June 17, 2014 ____________________________________________________________________________ BACKGROUND: All high school students, except students excused or exempted pursuant to Education Code Section 51241, are required to attend physical education courses each year for a total period of time of not less than 400 minutes each 10 school days. Per Education Code Section 51225.3 (a) (1) (F), all students are required to complete two years of physical education in order to be eligible to graduate from high school. Further, per Education Code Section 51241 (b) (1), the governing boards of local school districts may grant a student an exemption from the remaining two years of physical education, with the consent of the students, if the student has met satisfactorily any five of the six standards of the physical performance test administered in grade 9 and/or 10, pursuant to Education Code Section 60800 (The FITNESSGRAM). A student has satisfactorily met the standards of the FITNESSGRAM if the student performed within the Healthy Fitness Zone (HFZ) on the tests in five of the six areas. Under Education Code 51241 (c) (1), governing boards of local school districts may grant a permanent exemption from courses of physical education to a student who is 16 years of age or older and who has been enrolled in grade 10 for one academic year or longer. Students on the attached list, as summarized below, have completed the physical education graduation requirement, have not passed the physical fitness test, are 16 years of age or older and have been enrolled in grade 10 one academic year or longer, which is defined in Long Beach Unified School District as being 60 credits or more deficient in grade 11/12. Staff is requesting an exemption from physical education courses for the 2013-14 school year for these students to allow adequate time in their schedules to take courses needed for graduation.
School Grade 11 Grade 12 Avalon 0 0 Beach 1 3 Cabrillo 1 0 CAMS 0 0 EPHS 2 22 Jordan Plus 0 2 Jordan 0 0 Lakewood 1 2 Millikan 0 0
School Grade 11 Grade 12 Poly 1 1 Reid 1 4 Renaissance 0 0 Wilson 1 0 TOTAL 8 34
RECOMMENDATION: That the Board of Education grant students on the attached list, summarized above, from taking a physical education course for the 2013-14 school year pursuant to Education Code 51241 (c) (1). The students listed have completed the physical education graduation requirement, have not passed the physical fitness test, are 16 years of age or older and have been enrolled in grade 10 for one academic year or longer, which is defined in the Long Beach Unified School District as being 60 credits or more deficient in grade 11/12. (The list is on file in the Office of the Executive Secretary to the Board of Education.) Prepared by: Approved and Recommended: Christine Dominguez Christopher Steinhauser Deputy Superintendent Superintendent of Schools
BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT
Date: June 17, 2014 _______________________________________________________________________ BACKGROUND: Education Code 51241 (a (1) authorizes the governing board of a school district to grant a temporary exemption to a high school student from courses in physical education if the pupil is ill or injured and a modified program to meet the needs of the student cannot be provided. Requests for such exemptions must be accompanied by a doctor’s note indicating physical limitations. This note is then reviewed by the school nurse who determines if the student cannot participate in a modified course delivery or if a temporary medical exemption is needed. Students summarized on the following chart have been recommended for a temporary medical exemption from physical education courses for all or part of the 2013-14 school year.
RECOMMENDATION: That the Board of Education grant students on the attached list, as summarized above, an exemption from their physical education course in grades 11 or 12 for all or part of the 2013-14 school year pursuant to Education Code Section 51241 (a) (1).
These students qualify for a temporary exemption from their physical education course for medical reasons after a determination was made that a modified course delivery was not appropriate. The list of student names eligible for the temporary physical education exemption is on file in the Office of the Assistant Secretary to the Board of Education. Prepared by: Approved and Recommended: Christine Dominguez Christopher Steinhauser Deputy Superintendent Superintendent of Schools
CONSENT ITEM
SUBJECT: Finance Report Enclosures
CATEGORY: Business Items Reason for Board
Consideration: Action
Business Department
Date: June 17, 2014
1.
FROM:
Classified Personnel Salaries
Employee Benefits
Services and Other Operating Expenditures
1,249,945$
TO:
Certificated Personnel Salaries
Books and Supplies
Capital Outlay
1,249,945$
2.
FROM:
Certificated Personnel Salaries
Classified Personnel Salaries
Employee Benefits
Services and Other Operating Expenditures
406,838$
TO:
Books and Supplies
Capital Outlay
406,838$
108,250
66,165
26,955
19,478$
95,260
1,193,702
6,875
Ratify Transfers of Appropriations between Child Development Fund major objects of
expenditure in a net total of $406,838 as follows:
181,503$
50,920
379,883$
BOARD OF EDUCATION
LONG BEACH UNIFIED SCHOOL DISTRICT
Ratify Transfers of Appropriations between General Fund major objects of expenditure
in a net total of $1,249,945 as follows:
49,368$
1,135,207
Financial Report
Page 2
June 17, 2014
3.
a) Account No. 8699 - Local Revenue (COTSEN Strategic
TOTAL WARRANTS ISSUED……………...…………………………… 16,744,576.04$
9.
From: General Fund (Fund 01)
To: Self-Insurance Fund (Fund 67)
Recommendation
Approve/Ratify the above listed items.
Approved: Approved and Recommended:
James Novak Christopher J. Steinhauser
Chief Business and Financial Officer Superintendent of Schools
9,540.00
10,516,124.01$
Approve the following cash transfer between funds as approved in the Adopted
Budget.
1,569.63
138,575.41
1,467,068.24
5/15/14 5/22/14
5/15/14 5/23/14
5/16/14
1,409,902.34
35,150.00
3,155,061.41
11,585.00
5/13/14 5/20/14
5/13/14 5/21/14
5/14/14 5/21/14
5/12/14 5/19/14
5/12/14 5/20/14
1,229,718$
1,229,718$
Ratify the execution and issuance of the warrants included in the following listing.
Individual warrant listings are included in the agenda and available under separate
cover.
05/13/14 - 05/22/14 F 45861 - F 45935
CONSENT ITEM
BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT
SUBJECT: Business Department Report Enclosures CATEGORY: Business Items Reason for Board Consideration: Action Chief Business and Financial Officer Date June 17, 2014 _______________________________________________________________________________________
Approve Memoranda of Understanding
1. Approve Memorandum of Understanding with the Los Angeles County Office of Education for billing of District-referred students (Grades 6-12) enrolled in County Community Schools.
2. Approve Memorandum of Understanding with the Los Angeles County Office of Education (LACOE) for billing of Parent-requested students enrolled in Specialized Secondary Schools operated by LACOE.
Authority to Sign Awards or Rejections of Bids
3. Authorize the Chief Business and Financial Officer, Financial Services Officer and the Purchasing and Contracts Director to sign the awards or rejections of all formal bids. Authorization to be effective July 1, 2014 through June 30, 2015.
Authority to Sign Construction Change Orders
4. Authorize the Chief Business and Financial Officer, Purchasing and Contracts Director, Assistant Purchasing and Contracts Director, Executive Director - Facilities Development and Planning, and Business Services Administrator to sign construction change orders. Authorization to be effective July 1, 2014 through June 30, 2015.
Authority to Acquire Federal Surplus Property
5. Authorize the Purchasing and Contracts Director and the Assistant Purchasing and Contracts Director to act as district representatives and district signatories to acquire federal surplus property from the California State Agency for Surplus Property. Authorization to be effective July 1, 2014 through June 30, 2015.
Authority to Sign Purchase Orders
6. Authorize the Purchasing and Contracts Director, the Assistant Purchasing and Contracts Director, and the Maintenance Director when assigned to support the Purchasing office to sign purchase orders for the Long Beach Unified School District. Authorization to be effective July 1, 2014 through June 30, 2015.
Authority to Apply for and Sign Documents for Nutrition Services Meal Program
7. Authorize the Nutrition Services Director and the Assistant Nutrition Services Director to submit applications and sign the necessary documents on behalf of the Board of Education to participate in the National School Breakfast Program, the National School Lunch Program, and the Summer Food Service Program. Authorization to be effective July 1, 2014 through June 30, 2015.
Business Department Report June 17, 2014 Page 2
Authority to Sign Purchase Orders and Contracts for Nutrition Services Branch
8. Authorize the Nutrition Services Director, Assistant Nutrition Services Director, Purchasing and Contracts Director, and Assistant Purchasing and Contracts Director to sign purchase orders and contracts for the Nutrition Services Branch. Authorization to be effective July 1, 2014 through June 30, 2015.
Authority to Transfer Funds
9. Authorize the Chief Business and Financial Officer, Financial Services Officer, and Executive Director of Fiscal Services to make such inter and intra-fund adjustments as necessary to close the financial records of the District for the 2013-14 fiscal year.
Authorize Destruction of Records
10. Authorize destruction of records eligible for disposal on July 1, 2014 and throughout the 2014-15 fiscal year, in accordance with California Administrative Code, Title V, Section 16027 and Education Code, Section 35253. The Class III Records are designated in the Master Records Retention List.
Accept Gifts 11. Accept the gift of $30,040.66 from Poly High School PACE Parent Support Group to the District. This gift will be used to help fund various positions at Poly High School.
12. Accept the gift of $75,000 from Chevron El Segundo Refinery to the District. This gift will be used for the CAMS (California Academy of Math & Science) STEM Education programs.
13. Accept the gift of $500 from MDRC to the District. This gift will be used for the benefit of the students and staff at Washington Middle School.
14. Accept the gift of $560 from Teresa Cullen to the District. This gift will be used for field trips at Prisk Elementary School.
15. Accept the gift of $450 from Lakewood High School Arts Boosters to the District. This gift will be used for substitutes for a field trip at Lakewood High School.
16. Accept the gift of $2,000 from DirecTV Matching Gift Center to the District. This gift will be used for the benefit of the students and staff at California Academy of Math & Science.
17. Accept the gift of $7,500 from Mann Elementary School PTA to the District. This gift will be used for the benefit of the students and staff at Mann Elementary School.
18. Accept the gift of $375 from Friends of Arts Education to the District. This gift will be used for a field trip at McKinley Elementary School.
19. Accept the gift of $125 from Crystal Moss to the District. This gift will be used for a field trip at McKinley Elementary School.
20. Accept the gift of $1,574.50 from McKinley Elementary School PTA to the District. This gift will be used for field trips at McKinley Elementary School.
21. Accept the gift of $175 from Morgan Stanley Cybergrants to the District. This gift will be used for the benefit of the students and staff at Poly High School.
Business Department Report June 17, 2014 Page 3
22. Accept the gift of $112.50 from Hill Classical Middle School PTA to the District. This gift will be used for instructional materials and supplies at Hill Classical Middle School.
23. Accept the gift of $6,500 from Rogers Middle School ASB to the District. This gift will be used for a mural painting inside the gymnasium at Rogers Middle School.
24. Accept the gift of $118.16 from General Mills Box Tops for Education to the District. This gift will be used for the benefit of the students and staff at Mann Elementary School.
25. Accept the gift of $307.93 from General Mills Box Tops for Education to the District. This gift will be used for the benefit of the students and staff at McKinley Elementary School.
Gifts Total 26. T Total amount of monetary gifts on this report: $125,338.75.
Authorize Refund
27. Authorize refund of $117.00 on Facilities Use Permit No. 10842 to Khmer Girls in Action.
Reject Claims 28. In accordance with the procedure as established by legal counsel, reject the claim on behalf of claimant under claim number 992-13/14, in connection with incident which occurred on November 18, 2013. Authorize transmittal to the District’s liability claims administrator.
29. In accordance with the procedure as established by legal counsel, reject the claim on behalf of claimant under claim number 999-13/14, in connection with incident which occurred on March 5, 2014. Authorize transmittal to the District’s liability claims administrator.
Recommendation: Approve the items listed above. Prepared by: Approved and recommended: James Novak Christopher J. Steinhauser Chief Business & Financial Officer Superintendent of Schools
CONSENT ITEM
BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT
___________ ______________________________________________________________________ _ SUBJECT: Purchasing and Contract Report Enclosures _ _ CATEGORY: Business Items Reason for Board Consideration ___ __Action______ Business Department Date June 17, 2014 _____ _ Contract Report The following contracts are submitted for approval and available upon request: New Agreement(s) 1. Agreement: JUDITH S. ADLER (5383.01)
Purpose: To provide a staff development workshop at the AP Physics Summer Cohort for selected high school teachers.
Term: July 8, 2014 Cost: To be a maximum of $800 Originator: GATE Funding Source: NCLB: Title II, Part A, Teacher Quality*
2. Agreement: CEDARS-SINAI MEDICAL CENTER DBA CEDARS-SINAI HEALTH SYSTEM (4885.02)
Purpose: To conduct blood drives at CAMS, Cabrillo, Jordan, Jordan Plus, Lakewood, McBride, Millikan, PAAL, Poly, Renaissance and Wilson high schools.
Term: July 1, 2014 through June 30, 2019 Cost: No cost to the District Originator: Secondary Schools
3. Agreement: FILARSKY & WATT, LLP (5253.02) Purpose: To provide legal services for the District. Term: July 1, 2014 through June 30, 2015 Cost: Hourly rate to be $150 - $230 Originator: Spec. Ed. Funding Source: Spec. Ed.
4. Agreement: GST, INC. (5210.02A) Purpose: To provide professional services for the project management of the District
Summer 2014 Computer Lab project. Term: June 9, 2014 through October 31, 2014 Cost: To be a maximum of $34,000 Originator: TISB Funding Source: Common Core State Standards Implementation
Purchasing and Contract Report June 17, 2014 Page 2
5. Agreement: LONG BEACH COMMUNITY COLLEGE DISTRICT (5379.01) Purpose: To provide a summer program for up to 500 District 2014 graduates enrolled in
Promise Pathways to attend LBCC in the fall 2014. Term: July 1, 2014 through August 21, 2014 Cost: To be a maximum of $203,522 Originator: Equity, Access/College & Career Readiness Funding Source: GEAR UP
6. Agreement: LOS ANGELES COUNTY OFFICE OF EDUCATION (5381.01) Purpose: To provide an adapted physical education evaluation, including IEP meeting
attendance, for a student with exceptional needs. Term: April 15, 2014 through December 31, 2014 Cost: To be a maximum of $1,811.20 Originator: Spec. Ed. Funding Source: Spec. Ed.
7. Agreement: DR. JUDITH MCBRIDE (4156.04) Purpose: To provide consulting services, training for staff and parents, and serving students
with exceptional needs who attend private schools within District boundaries. Term: July 1, 2014 through June 30, 2015 Cost: To be a maximum of $100,000 Originator: Spec. Ed. Funding Source: Spec. Ed.
8. Agreement: MCCARTHY BUILDING COMPANIES, INC. (10035.01) Purpose: To provide construction management services for the Jordan High School Major
Renovation project. Term: July 1, 2014 through June 15, 2020 Cost: To be a maximum of $9,051,453 Originator: Facilities Funding Source: Building Fund: New Construction - Measure K
9. Agreement: PARENT INSTITUTE FOR QUALITY EDUCATION (2911.08A) Purpose: To provide training courses for parents of students at Cabrillo High School to help
them develop the skills and techniques necessary to address the educational needs of their children.
Term: March 27, 2014 through May 29, 2014 Cost: To be a maximum of $7,830, including materials Originators: Cabrillo; Secondary Schools Funding Sources: NCLB: Title IV, Part B, 21st Century Community Learning Centers Program*;
Economic Impact Aid (EIA): State Compensatory Education (SCE) (12-13)*
10. Agreement: PARENT INSTITUTE FOR QUALITY EDUCATION (5384.01) Purpose: To provide training courses for parents of students at Burbank Elementary School
to help them develop the skills and techniques necessary to address the educational needs of their children.
Term: May 13, 2014 through July 8, 2014 Cost: To be a maximum of $5,400, including materials Originator: Burbank Funding Source: NCLB: Title I, Part A, Parent Involvement*
Purchasing and Contract Report June 17, 2014 Page 3
11. Agreement: PLACEWORKS, INC. DBA PLACEWORKS (2548.09) Purpose: To provide on-call CEQA/NEPA consulting services and planning services for
various projects throughout the District. Term: July 1, 2014 through June 30, 2017 Cost: To be a maximum of $1,377,462 Originator: Facilities Funding Sources: Facilities-Administration; Building Fund: Bond Implementation Plan - Measure K
12. Agreement: PRESBYTERIAN INTERCOMMUNITY HOSPITAL, INC. DBA PIH HEALTH HOSPITAL - WHITTIER (4896.02)
Purpose: To conduct blood drives at Cabrillo, Jordan, Jordan Plus, Lakewood, McBride, Millikan, PAAL, Poly, Renaissance and Wilson high schools.
Term: July 1, 2014 through June 30, 2019 Cost: No cost to the District Originator: Secondary Schools
13. Agreement: RICHARD HEATH AND ASSOCIATES, INC. (5378.01) Purpose: To provide support to the District in developing Energy Expenditure Plans, to
comply with Proposition 39, at various sites throughout the District. Term: June 18, 2014 through June 30, 2015 Cost: To be a maximum of $800,000 Originator: Business Services Funding Source: California Clean Energy Jobs Act
14. Agreement: SHOULET BLUNT, LLC DBA CAREER PILLAR (5382.01) Purpose: To provide consulting services for planning and developing web-based curriculum
and resources for the Life After High School Transition Planning for Students with Disabilities program to be used by selected 7th-12th grade students with exceptional needs.
Term: May 6, 2014 through August 28, 2014 Cost: To be a maximum of $6,500 Originator: Spec. Ed. Funding Source: Spec. Ed.: Project Workability I LEA
15. Agreement: KELLY SOWLE (4994.03) Purpose: To provide training for Head Start parents and their children in gross motor
development, body awareness, and physical well-being. Term: July 1, 2014 through June 30, 2015 Cost: To be a maximum of $960 Originator: Head Start Funding Source: Child Development Fund: Head Start
16. Agreement: SPEECH BANANAS (5341.01C) Purpose: To provide auditory verbal therapy for a student with exceptional needs. Term: March 18, 2014 through March 17, 2015 Originator: Spec. Ed. Funding Source: Spec. Ed.
17. Agreement: SPEECH BANANAS (5341.01D) Purpose: To provide auditory verbal therapy for a student with exceptional needs. Term: March 18, 2014 through March 17, 2015 Originator: Spec. Ed. Funding Source: Spec. Ed.
Purchasing and Contract Report June 17, 2014 Page 4
18. Agreement: SPEECH BANANAS (5341.01E) Purpose: To provide auditory verbal therapy for a student with exceptional needs. Term: December 20, 2013 through December 19, 2014 Originator: Spec. Ed. Funding Source: Spec. Ed.
19. Agreement: SUSAN C. DELAND CONSULTING (5371.01) Purpose: To provide tools and strategies for successful grant writing and business planning. Term: June 1, 2014 through June 30, 2014 Cost: To be a maximum of $1,000, including materials and travel related expenses Originator: Renaissance Funding Source: Schoolwide Student Support
20. Agreement: MATTHEW S. TASSINARI (5380.01) Purpose: To provide a staff development workshop at the AP US History Summer Cohort for
selected high school teachers. Term: June 18, 2014 through June 19, 2014 Cost: To be a maximum of $1,100, including travel related expenses Originator: GATE Funding Source: NCLB: Title II, Part A, Teacher Quality*
21. Agreement: THINKING MAPS, INC. (3612.07) Purpose: To provide “Write from the Beginning and Beyond” Trainer of Trainers (TOT)
professional development workshops for selected elementary school teachers. Term: August 18, 2014 through August 26, 2015 Cost: To be a maximum of $19,000, including travel related expenses Originator: OCIPD Funding Source: NCLB: Title II, Part A, Teacher Quality*
22. Agreement: VISION TO LEARN (5385.01) Purpose: To provide vision services for students at various elementary schools throughout
the District. Term: June 9, 2014 through June 30, 2015 Cost: No cost to the District Originator: School Support Services
23. Agreement: KERRIE WEAVER (3518.07) Purpose: To provide nutritional assessments of children and training on best infant and
toddler nutrition practices for Early Head Start staff, parents, and expectant families.
Term: July 1, 2014 through June 30, 2015 Cost: To be a maximum of $5,950 Originator: Head Start Funding Sources: Child Development Fund: Head Start - Basic Grant; Head Start Early
24. x Agreement: AQUARIUM OF THE PACIFIC (5366.01) Purpose: To provide the Job Shadow program for students with exceptional needs per the
Extended School Year (ESY) Optional Program. Term: July 2, 2014 through October 1, 2014 Cost: To be a maximum of $140 per student Originator: Spec. Ed. Funding Source: Spec. Ed.
Purchasing and Contract Report June 17, 2014 Page 5
25. Agreement: CALIFORNIA AQUATIC THERAPY & WELLNESS CENTER, INC. (5116.02) Purpose: To provide an adaptive aquatic summer program for students with exceptional
needs per the Extended School Year (ESY) Optional Program. Term: June 24, 2014 through August 22, 2014 Cost: To be a maximum of $300 per student Originator: Spec. Ed. Funding Source: Spec. Ed.
26. Agreement: CAMP FIRE LONG BEACH AREA COUNCIL (5360.01) Purpose: To provide summer camp activities for students with exceptional needs per the
Extended School Year (ESY) Optional Program. Term: June 16, 2014 through August 22, 2014 Cost: To be a maximum of $640-$760 per student Originator: Spec. Ed. Funding Source: Spec. Ed.
27. Agreement: DRAMATIC RESULTS (5102.02) Purpose: To provide Math in a Basket, Write-On Arts and All Steamed Up programs for
students with exceptional needs per the Extended School Year (ESY) Optional Program.
Term: July 7, 2014 through August 1, 2014 Cost: To be a maximum of $530 per student Originator: Spec. Ed. Funding Source: Spec. Ed.
28. Agreement: LYNSIE MCCULLOUGH-SEEDS DBA YAYA’S PERFORMANCE ACADEMY (5358.01)
Purpose: To provide musical theater activities for students with exceptional needs per the Extended School Year (ESY) Optional Program.
Term: June 28, 2014 through August 16, 2014 Cost: To be a maximum of $475 per student Originator: Spec. Ed. Funding Source: Spec. Ed.
29. Agreement: YMCA OF GREATER LONG BEACH (5359.01) Purpose: To provide summer camp activities for students with exceptional needs per the
Extended School Year (ESY) Optional Program. Term: June 16, 2014 through August 29, 2014 Cost: To be a maximum of $620 per student Originator: Spec. Ed. Funding Source: Spec. Ed.
Purchasing and Contract Report June 17, 2014 Page 6
31. Agreement: COAST SPEECH PATHOLOGY & ASSOCIATES (5187.01) Purpose: To provide additional speech and language pathology services for students with
exceptional needs. Cost: Increase contract amount by $200,000 from $350,000, to be a maximum of
$550,000. All other terms and conditions to remain the same. Originator: Spec. Ed. Funding Source: Spec. Ed.
32. Agreement: COMPREHENSIVE EDUCATIONAL SERVICES DBA ACES, INC. (7614.01) Purpose: To provide special education services for students with exceptional needs (Master
Contract), by adding Transportation at the current IRS rate, effective September 14, 2013. All other terms and conditions to remain the same.
Originator: Spec. Ed. Funding Source: Spec. Ed.
33. Agreement: GALLAGHER PEDIATRIC THERAPY, INC. (4557.03) Purpose: To provide additional occupational therapy services for students with exceptional
needs. Cost: Increase contract amount by $50,000 from $600,000, to be a maximum of
$650,000. All other terms and conditions to remain the same. Originator: Spec. Ed. Funding Source: Spec. Ed.
34. Agreement: INTEGRITY ENVIRONMENTAL, INC. (5339.01) Purpose: To provide science-related safety training for middle school, K-8, and high school
science teachers and administrators. Term: Extend contract completion date from June 30, 2014 to be through October 31,
2014. All other terms and conditions to remain the same. Originator: OCIPD
35. Agreement: KOURY GEOTECHNICAL SERVICES, INC. (4713.01) Purpose: To provide additional geotechnical engineering consulting services for the Jordan
High School Major Renovation project. Cost: Increase contract amount by $15,000 from $312,138, to be a maximum of
$327,138. All other terms and conditions to remain the same. Originator: Facilities Funding Source: Building Fund: Modernization (SFP) - Measure K
36. Agreement: MAITLEN & BENSON, INC. (6874.02) Purpose: For lease of real property located at 1395 Coronado Avenue, Long Beach, for use
by the Head Start program. Term: Extend term of lease from June 30, 2014 to be through June 30, 2015. Cost: Increase monthly rent by $167.41 from $5,580.27, to be $5,747.68. Total cost for
this time period to be $68,972.16. All other terms and conditions to remain the same.
Originator: Facilities Funding Source: Child Development Fund: Head Start - Basic Grant
Purchasing and Contract Report June 17, 2014 Page 7
37. Agreement: MIND RESEARCH INSTITUTE (5162.02) Purpose: To provide staff development and licensing for the MIND Research Institute’s ST
(Spatial-Temporal) supplemental math program, by adding Bixby, Burnett, Carver, Cubberley, Gant, Henry, Kettering, Lafayette, Lee, MacArthur, Mann, Riley, Signal Hill, and Whittier schools.
Cost: Increase contract amount by $652,150.00 from $7,361.55, to be a maximum of $659,511.55. All other terms and conditions to remain the same.
Originator: Compensatory Education Funding Source: Education Equity Support
38. Agreement: NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANTS (5254.01)
Purpose: To provide additional materials testing and inspection services for the Solar Power Project at Cabrillo High School.
Cost: Increase contract amount by $1,800 from $17,552, to be a maximum of $19,352. All other terms and conditions to remain the same.
39. Agreement: PROSUM TECHNOLOGY SERVICES (4948.01) Purpose: To provide additional computer programming services to support software
development projects for the Technology and Information Services Branch, focusing on work for the Nutrition Services Branch.
Term: Extend contract completion date from June 30, 2014 to be through June 30, 2015. Cost: Increase rate to $89.25 per hour effective July 1, 2014, and increase contract
amount by $178,500 from $260,072, to be a maximum of $438,572. All other terms and conditions to remain the same.
40. Agreement: SOUTH BAY HIGH SCHOOL (4814.02) Purpose: To provide additional Educationally Related Mental Health Services (ERMHS) for
students and their families. Cost: Increase contract amount by $62,000 from $98,000, to be a maximum of $160,000.
All other terms and conditions to remain the same. Originator: Spec. Ed. Funding Source: Spec. Ed.
41. Agreement: TODD FAMILY MANAGEMENT CORPORATION (6936.01) Purpose: For lease of real property located at 1425 and 1429 Elm Avenue, Long Beach, for
use by the Head Start program. Term: Extend term of lease from June 30, 2014 to be through June 30, 2015. Cost: Increase monthly rent by $92.52 from $3,083.93, to be $3,176.45. Total cost for
this time period to be $38,117.40. All other terms and conditions to remain the same.
Originator: Facilities Funding Source: Child Development Fund: Head Start - Basic Grant
42. Agreement: TUTORS FOR TOTS, TWEENS & TEENS, LLC (5305.01) Purpose: To provide mentoring and academic counseling for students at Beach High School. Term: Extend contract completion date from June 12, 2014 to be through June 17, 2015.
All other terms and conditions to remain the same. Originator: Beach
Purchasing and Contract Report June 17, 2014 Page 8
43. Agreement: TYR, INC. (5255.01) Purpose: To provide additional professional inspection services for the Solar Power Project
at Cabrillo High School. Cost: Increase contract amount by $7,884 from $9,052, to be a maximum of $16,936.
All other terms and conditions to remain the same. Originator: Maintenance Funding Source: Routine Restricted Maintenance
Income/Reimbursement Agreement(s) 44. Agreement: CALIFORNIA STATE UNIVERSITY, FULLERTON (7799.03)
Purpose: For students to be assigned to LBUSD for student teaching. Term: July 1, 2014 through June 30, 2019 Income: Contractor to pay the District $25 per semester unit per assigned student teacher. Originator: HRS
*Indicates categorical funding Bid Award(s) The following bids are submitted for approval and available upon request: Authorize Bid Award(s) Commodity Bid(s) 45. Award Bid No. 33-1314/89 for the Purchase of Paint and Paint Supplies (Price Agreement) as follows:
VISTA PAINT CORPORATION $ 26,662.60 SHILPARK PAINT DBA SMITH PAINT $ 14,179.55 [Funding-Maintenance]
46. Award Bid No. 38-1314/14 for the Purchase of Installation Services for Personal Computers (Price
Agreement) as follows:
AREY JONES EDUCATIONAL SOLUTIONS $ 76,125.00 (Estimated Value) [Funding-TISB]
47. Award Bid No. 42-1314/14 for the Purchase of Teacher Planning Software Licenses, and approve
agreement for up to three years at District option, as follows:
ENOME, INC. $ 112,500.00 [Funding-Lottery: Instructional Materials]
48. Award Bid No. FS339-1415/54 for the Purchase of Processed Pizza Products for the period of July 1, 2014 through June 30, 2015 as follows:
CONAGRA FOODS, INC. $ 26,034.00 SCHWAN’S FOOD SERVICE, INC. $ 158,440.00
Purchasing and Contract Report June 17, 2014 Page 9
Construction Bid(s) 49. Award Bid No. 37-1314/93 for the Installation of Modular Building and ADA Improvements at Wilson
High School and approve contract with MORILLO CONSTRUCTION, INC., for the amount of $1,111,000. Allow apparent low bidder, Pub Construction, to withdraw their bid. [Funding-Building Fund: DSA Certification - Measure K]
50. Award Bid No. 40-1314/87 for the Music Room Renovations at Rogers Middle School and approve contract with GOLDEN SUN FIRM & CO., INC., for the amount of $197,785. [Funding-Accounting-Billable Expenses]
51. Award Bid No. 02-1415/59 for the Demolition of Portable Classrooms at 8 Sites and approve contract with ARC CONSTRUCTION, INC., for the amount of $582,000. [Funding-Building Fund: Portables - Measure K]
Authorize Bid Extension(s) 52. Extend Bid No. 01-1112/14 for the Purchase of Desktop Computer Workstations (Price Agreement)
for the period of July 1, 2014 through June 30, 2015 for an estimated total of $1,200,000 as follows:
GST, INC. [Funding-Various]
53. Extend Bid No. 10-1314/04 for the Contract for Electrical Services (Price Agreement) for the period of July 1, 2014 through June 30, 2015 for an estimated total of $150,000 as follows:
WILLIAMS & MAHER, INC. [Funding-Maintenance]
54. Extend Bid No. FS348-1314/61 for the Purchase of Ready to Eat Cereal for the period of July 1, 2014 through June 30, 2015 as follows:
55. Extend Bid No. FS349-1314/54 for the Purchase of USDA Donated Beef and Pork Processed into
Finished Products for the period of July 1, 2014 through June 30, 2015 as follows:
ADVANCE PIERRE FOODS $ 130,410.00 DON LEE FARMS $ 326,885.86
56. Extend Bid No. FS351-1314/53 for the Purchase of Processed Cheese Products Using USDA
Donated Barrel Cheese for the period of July 1, 2014 through June 30, 2015 as follows:
BONGARDS’ CREAMERIES $ 30,278.50 LAND O’ LAKES $ 259,190.00
Reject Bid(s) 57. Reject all bids received for Bid No. 36-1314/87 for the Gymnasium Improvements at Bancroft and
Hoover Middle Schools.
58. Reject all bids received for Bid No. 39-1314/87 for the Band Room Renovations at Wilson High School.
Purchasing and Contract Report June 17, 2014 Page 10
Authorize Agency Bid(s) 59. Authorize the use of the Kern County Superintendent of Schools, Bid No. 524123, on an as-needed
basis, for the purchase of early childhood furniture, from Hatch, Inc., with the same advantages, terms and conditions per Public Contract Code 10290.1. Authorization to be valid through December 31, 2014. Estimated annual District expenditure to be $200,000. [Funding-Head Start]
Construction Change Order(s) The following change orders are submitted for approval and available upon request: Authorize Change Order(s) 60. Approve Change Order No. 2 for Agreement 8247.01 with MINAKO AMERICA CORPORATION DBA
MINCO CONSTRUCTION, INC. for the Purchase and Installation of Fire Alarm, Intercom and Clock System at Lee and Rogers Schools, by increasing the amount by $5,174 from $1,153,857, for a new total contract amount of $1,159,031. Previous change orders for this contract total $34,057. [Funding-Building Fund: District Wide - Measure K]
61. Approve Change Order No. 1 for Agreement 8252.01 with MINAKO AMERICA CORPORATION DBA MINCO CONSTRUCTION, INC., for the Purchase and Installation of Fire Alarm, Intercom and Clock System at Bryant, Stephens and Washington Schools, by increasing the original contract amount by $11,076 from $2,187,700, for a new total contract amount of $2,198,773. [Funding-Building Fund: District Wide - Measure K]
62. Approve Change Order No. 1 for Agreement 8253.01 with JAM FIRE PROTECTION, INC. DBA JAM CORPORATION, for the Purchase and Installation of Fire Alarm, Intercom and Clock System at Addams, Lincoln, McKinley and Willard Schools, by increasing the original contract amount by $7,935 from $1,998,000, for a new total contract amount of $2,005,935. [Funding-Building Fund: District Wide - Measure K]
63. Approve Change Order No. 1 for Agreement 8254.01 with PUB CONSTRUCTION, INC., for the Construction of a New Restroom at Longfellow Elementary School, by extending contract term by 54 days. [Funding-Building Fund: Developer’s Fees]
Purchase Orders Approve District Purchase Orders 64. Approve purchase orders written during the period May 1, 2014 through May 31, 2014.
A detailed list of purchase orders is available upon request.
65. Approve Nutrition Services purchase orders written during the period May 1, 2014 through May 31,
2014. A detailed list of purchase orders is available upon request. Regular 25397 - 25494 $ 319,542.83
Purchasing and Contract Report June 17, 2014 Page 11
Recommendation Approve and/or ratify the contracts, and take action on the bids as listed above. Prepared by: Barrick L. Bartlett Purchasing and Contracts Director Approved: Approved and recommended: James Novak Christopher J. Steinhauser Chief Business and Financial Officer Superintendent of Schools BB/ha
Board of Education LONG BEACH UNIFIED SCHOOL DISTRICT
___________________________________________________________________________________ SUBJECT: List of Candidates for Graduation Enclosures: None ___________________________________________________________________________________ CATEGORY: Superintendent's Items Reason for Board Consideration: Action Date: June 17, 2014 ___________________________________________________________________________________ BACKGROUND: Each year the Governing Board accepts the lists of candidates for graduation. The lists for January, June and August 2014 include:
SCHOOL
JANUARY
JUNE
AUGUST
TOTAL
Avalon 0 55 0 55
Beach 0 18 0 18
Cabrillo 0 512 40 552
CAMS 0 166 0 166
EPHS 97 183 35 315
Jordan/Jordan Plus
0 750 50 800
Lakewood 1 846 38 885
LBSA 0 2 0 2
Millikan 0 888 29 917
Poly/PAAL 0 981 0 981
Reid 0 91 17 108
Renaissance 0 112 7 119
Wilson 0 906 0 906
TOTALS 98 5510 216 5824
RECOMMENDATION: That the Board accepts the lists of candidates for graduation as presented. (These lists are on file in the Office of the Assistant Secretary to the Board of Education.) Prepared by: Approved and Recommended: Peter Davis Christopher Steinhauser Assistant Superintendent Superintendent of Schools Secondary Schools
BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT
____________________________________________________________________________ SUBJECT: Local Control and Accountability Plan Enclosures: None ____________________________________________________________________________ CATEGORY: New Business Item Reason for Board Consideration: Action
Date: June 17, 2014 ____________________________________________________________________________ BACKGROUND: Education Code 52060-52077 requires the Board of Education to adopt a three-year Local Control and Accountability Plan (LCAP) by July 1, 2014. This plan must address the Local Control Funding Formula’s eight state priorities, be aligned with the District budget, and incorporate feedback from stakeholders. As discussed in the June 3 Board presentation and the June 9 public hearing, the District spent the past ten months engaging the community on how best to support students, especially low income pupils, English Learners, Redesignated Fluent English Proficient Pupils, and foster youth. Over 13,800 open-ended responses were generated from more than 2,700 completed surveys. Thereafter, a diverse 66-member committee developed 15 “guiding principles,” which formed the basis for the plan. Throughout the spring, the District Community Advisory Committee, the District English Learner Advisory Committee, and many other stakeholder groups reviewed and commented on draft proposals. The LCAP builds upon existing District efforts: the Strategic Plan; the Academic and Career Success Initiative; the Long Beach College Promise; the No Child Left Behind Waiver; and other local programs. Complete details are available at www.lbschools.net/lcap. RECOMMENDATION: Approve the 2014-17 Local Control and Accountability Plan. Prepared by: Approved and Recommended: Robert Garcia Tagorda, Director Christopher Steinhauser Office of Equity, Access, and Superintendent of Schools College & Career Readiness
BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT
SUBJECT: Adoption of the District’s Budget for FY 2014-15 Enclosures:
CATEGORY: New Business Items Reason for Board Consideration: Action__ Business Department Date: June 17, 2014 BACKGROUND The Board is requested to approve the proposed 2014-15 Budget, which projects revenues and expenditures for 2014-15 and the two succeeding years. Education Code Section 42127 requires that the Board each year hold a public hearing, adopt a budget, and file the budget with the Los Angeles County Office of Education (LACOE) on or before July 1. REVENUE The District’s proposed budget contains revenue assumptions related to the new state K-12 funding model, the Local Control Funding Formula (LCFF). The LCFF creates base, supplemental, and concentration grants in place of most previously existing K–12 funding streams, including revenue limits and most state categorical programs. Under the LCFF model, the State has set a per-ADA funding target to be reached. Each year, the difference between current funding and the target, the “gap,” is calculated. The availability of state revenues each year then determines the percentage of the gap to be funded. For 2013-14, 11.78% of the gap was funded. The current state budget proposal would fund 28.06% of the calculated gap in 2014-15, 30.39% in 2015-16, and 19.50% in 2016-17. Under the current gap funding proposal, in 2014-15, LCFF funding for the District is projected to be $583 million, an increase of $63 million from 2013-14. LCFF funding is projected to be $631 million for 2015-16 and $651 million for 2016-17. With respect to federal revenues, an area of note is the reduction of Title I funding. The District’s share of Title I funding has been reduced from $29 million to $26 million due to an increasing number of students in poverty nationally. Projected carryovers from 2013-14 will alleviate this reduction for 2014-15, however spending plans for 2015-16 and beyond will need to take into account this reduction in revenue. EXPENDITURES The proposed expenditure budgets include allocations for the supplemental and concentration portions of LCFF, along with step and column increases for personnel, proposed district contribution percentage increases to STRS (State Teachers Retirement System), health benefit increases and increases for expenses such as utilities.
ENDING BALANCE The District’s structural deficit has been largely addressed through LCFF revenues and a consistently judicious approach to spending. The District’s unrestricted ending balance projections contained in this budget are $66.8 million for 2013-14, $72.5 million for 2014-15, $80 million for 2015-16, and $70 million for 2016-17. Staff will continue to monitor revenue and expenditure developments and refine out-year projections. CASH Cash has become more manageable as State deferrals, in which cash payments are deferred to later in the year or to the following year, are eliminated in the Governor’s budget proposals. The District is not anticipating the need to issue Tax Revenue Anticipation Notes to address cash shortages in the foreseeable future. RECOMMENDATION Adopt Annual Budget for Fiscal Year 2014-15 and authorize filing of the FY 2014-15 Adopted Budget Report (SACS2014) and the FY 2013-14 Estimated Actuals with the Los Angeles County Superintendent of Schools in accordance with Education Code Section 42127. Approved: Approved and Recommended: James Novak Christopher J. Steinhauser Chief Business & Financial Officer Superintendent of Schools
Board of Education Long Beach Unified School District
Subject: FY2014-2015 Salaries Declared Indefinite for Enclosures: None Employees Represented by TALB, by CSEA, and for Management, Supervisory, Confidential, and Other Non-Represented Employees __________________________________________________________________________________ Category: New Business Reason for Board Consideration: Action Date: June 17, 2014 BACKGROUND Education Code Sections 45032, 45162, and 87806 provide that salaries can be set at any time during a fiscal year. However, these sections do not supersede California Constitution, Article 11, Section 10, having to do with the utilization of public funds. Specifically, this provision prohibits officers or employees from receiving additional compensation for services already rendered. Courts have generally allowed retroactive pay, if salaries have been declared “indefinite” by a governing board prior to the start of that fiscal year. RECOMMENDATION The Superintendent recommends that salaries for FY2014-2015 be declared indefinite for employees represented by TALB, by CSEA, and for management, supervisory, confidential, and other non-represented employees of the District. Prepared by: Approved and Recommended: Brian Moskovitz Christopher Steinhauser Director, Employee Relations Superintendent of Schools
Board of Education Long Beach Unified School District
SUGJECT: Initial Reopener Bargaining Proposals from the Teachers Association of Long Beach (TALB), K-12 and CDC/Head Start, to the District Enclosures: One _____________________________________________________________________ CATEGORY: New Business Reason for Board Consideration: Information Date: June 17, 2014 Background: The District has received the Initial Reopener Bargaining Proposals from the Teachers Association of Long Beach (TALB) to negotiate the Collective Bargaining Agreements for both K-12 and Child Development Centers/Head Start. In compliance with Government Code, Section 3547, the public hearings on these proposals are scheduled for the regular meeting of the Board of Education on July 21, 2014. Copies of these proposals will be available for public study in the main office of all elementary, middle, and high schools, the lobby of the administration building, and the office of the Assistant Secretary to the Board of Education. Recommendation: The Superintendent of Schools recommends for public review the attached Initial Reopener Bargaining Proposals for Collective Bargaining Agreements presented by the Teachers Association of Long Beach. Prepared by: Approved and recommended: Brian Moskovitz Christopher Steinhauser Director, Employee Relations Superintendent of Schools
BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT
SUBJECT: Resolution No. 061714-A Enclosure: One CATEGORY: New Business Reason for Board Consideration: Action Financial Services Date: June 17, 2014 BACKGROUND: Proposition 30, The Schools and Local Public Safety Protection Act of 2012, was approved by the voters of California on November 6, 2012. This Act temporarily increases the state sales tax rate for all taxpayers and the personal income tax rates for upper-income taxpayers. The Proposition 30 initiative was intended to minimize deeper cuts to school agencies and other state-supported programs in California. Proposition 30 added Article XIII, Section 36 to the California Constitution effective November 7, 2012. The Provisions of Article XIII, Section 36(e) create in the state General Fund an Education Protection Account (EPA) to receive and disburse the revenues derived from the incremental increases in taxes imposed by Article XIII, Section 36(f). Revenues generated from Proposition 30 are deposited into the EPA and distributed to school districts, county offices of education, charter schools and community college districts based on the proportionate share of the statewide revenue limit (unrestricted general fund) amount. As the passage of Proposition 30 averted further reductions and provided no new funding for education, the EPA simply represents a change in the way revenue is allocated. It provides not only $441 per ADA that districts would have been reduced had Proposition 30 failed but also provides funds that were previously allocated in the form of “State Aid” (other unrestricted general fund dollars). New Requirements
• EPA revenue will be deposited into the newly created Standardized Account Code Structure Resource code 1400. Qualified expenditures must be made against these funds.
• Each year, from 2012-13 to 2018-2019, the Board of Education must approve a
spending plan for the EPA funds. The spending plan must be approved at the time the budget is adopted.
• EPA funds may not be used for administrative costs, including salaries or benefits of
administrators.
RESOLUTION 061714-A Page 2
• Each year the District must publish on its website the amount of EPA money received and how it was spent.
• An annual audit will be required to verify that EPA funds were spent in accordance
with the requirements of Proposition 30. Spending Plan for 2014-15 The estimated EPA for fiscal year 2014-15 is $106,046,661. As the funds cannot be used for administrative costs, staff proposes to use 100% of the EPA funding for expenditures related to instruction. RECOMMENDATION: Adopt Resolution No. 061714-A A RESOLUTION OF THE GOVERNING BOARD OF EDUCATION OF THE LONG BEACH UNIFIED SCHOOL DISTRICT REGARDING THE EDUCATION PROTECTION ACCOUNT FOR FISCAL YEAR 2014-2015. Prepared by: Approved and Recommended: James Novak Christopher J. Steinhauser Chief Business and Financial Officer Superintendent of Schools
WHEREAS, the voters approved Proposition 30 on November 6, 2012;
WHEREAS, Proposition 30 added Article XIII, Section 36 to the California Constitution effective November 7, 2012;
WHEREAS, the provisions of Article XIII, Section 36(e) create in the state General Fund an Education Protection Account to receive and disburse the revenues derived from the incremental increases in taxes imposed by Article XIII, Section 36(f);
WHEREAS, before June 30th of each year, the Director of Finance shall estimate the total amount of additional revenues, less refunds that will be derived from the incremental increases in tax rates made pursuant to Article XIII, Section 36(f) that will be available for transfer into the Education Protection Account (EPA) during the next fiscal year;
WHEREAS, if the sum determined by the State Controller in positive, the State Controller shall transfer the amount calculated into the EPA within ten days preceding the end of the fiscal year;
WHEREAS, all monies in the EPA are hereby continuously appropriated for the support of school districts, county office of education, charter schools and community college districts;
WHEREAS, monies deposited in the EPA shall not be used to pay any costs incurred by the Legislature, the Governor or any agency of state government;
WHEREAS, a community college district, county office of education, school district, or charter school shall have the sole authority to determine how the monies received from the EPA are spent in the school or schools within its jurisdiction;
WHEREAS, the governing board of the district shall make the spending determinations with respect to monies received from the EPA in open session of a public meeting of the governing board;
WHEREAS, the monies received from the EPA shall not be used for salaries or benefits for administrators or any other administrative cost;
WHEREAS, each community college district, county office of education, school district and charter school shall annually publish on its Internet website an accounting of how much money was received from the EPA and how that money was spent;
WHEREAS, the annual independent financial and compliance audit required of community college districts, county offices of education, school districts and charter schools shall ascertain and verify whether the funds provided from the EPA have been properly disbursed and expended as required by Article XIII, Section 36 of the California Constitution;
RESOLUTION NO. 061714-A
A RESOLUTION OF THE GOVERNING BOARD OF EDUCATION OF THE LONG BEACH UNIFIED SCHOOL DISTRICT REGARDING THE
EDUCATION PROTECTION ACCOUNT FOR 2014-2015
RESOLUTION NO. 061714-A Page 2
WHEREAS, expenses incurred by community college district, county office of education, school districts and charter schools to comply with the additional audit requirements of Article XIII, Section 36 may be paid with funding from the EPA and shall not be considered administrative costs for purposes of Article XIII, Section 36. NOW, THEREFORE IT IS HEREBY RESOLVED:
1. The monies received from the EPA shall be spent as required by Article XIII, Section 36 and the spending determinations on how the money will be spent shall be made in open session of a public meeting of the governing board of the Long Beach Unified School District;
2. In compliance with Article XIII, Section 36(e) of the California Constitution, the governing
board of the Long Beach Unified School District has determined to spend the monies received from the EPA in 2014-2015 as indicated in Attachment A.
ADOPTED, SIGNED and APPROVED on this 17th day of June, 2014.
BOARD OF EDUCATION OF THE LONG BEACH UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY, CALIFORNIA
By: ___________________________________ President
By: ___________________________________
Vice-President
By: ___________________________________ Member
By: ___________________________________
Member
By: ___________________________________ Member
Long Beach Unified School District
2014-2015
Program by Resource Report
Estimated Expenditures by Function - Summary
RESOLUTION NO. 061714-A
Attachment A
Resource 1400 Education Protection Account
Description Amount
Amount Available for Fiscal Year 2014-2015 Object Codes
Adjusted Beginning Fund Balance 9791-9795
Revenue Limit Sources 8010-8099 106,046,661
Federal Revenue 8100-8299
Other State Revenue 8300-8599
Other Local Revenue 8600-8699
All Other Financing Sources and Contributions 8900-8999
Deferred Revenue 9650
Total Available 106,046,661.00$
Expenditures and Other Financing Uses
(Objects 1000-7999) Function Codes
Instruction 1000-1999 106,046,661
Instruction-Related Services 2000-2999
Pupil Services 3000-3999
Ancillary Services 4000-4999
Community Services 5000-5999
Enterprise 6000-6999
General Administration 7000-7999
Plant Services 8000-8999
Other Outgo 9000-9999
Total Expenditures and Other Financing Uses 106,046,661.00$
Balance (Total Available minus Total Expenditures and Other Financing Uses -0-
6/13/14
BOARD OF EDUCATION
LONG BEACH UNIFIED SCHOOL DISTRICT
SUBJECT: Resolution No. 061714-B Enclosures: One
CATEGORY: New Business Reason for Board Consideration: Action Financial Services Date: June 17, 2014
BACKGROUND: Temporary borrowing of cash between District funds to meet cash flow shortages is permitted from July 1, 2014 through June 30, 2015. In accordance with Education Code Section 42603, temporary borrowing of cash between funds prior to March 3, 2015, must be repaid by June 30, 2015. Temporary borrowing of cash between funds from March 3, 2015, through June 30, 2015, shall be repaid in the same fiscal year or in the following fiscal year. The authority proposed in the attached Resolution, as well as the Resolution to allow for temporary borrowing from the Los Angeles County Treasurer, will be exercised only on an as-needed basis. RECOMMENDATION: Adopt Resolution No. 061714-B A RESOLUTION OF THE GOVERNING BOARD OF EDUCATION OF THE LONG BEACH UNIFIED SCHOOL DISTRICT GIVING AUTHORIZATION FOR TEMPORARY CASH BORROWING BETWEEN FUNDS.
Approved: Approved and Recommended: James Novak Christopher J. Steinhauser Chief Business & Financial Officer Superintendent of Schools
A RESOLUTION OF THE GOVERNING BOARD OF EDUCATION OF THE LONG BEACH UNIFIED SCHOOL DISTRICT
GIVING AUTHORIZATION FOR TEMPORARY CASH BORROWING BETWEEN FUNDS
WHEREAS, sufficient cash is needed to pay obligations for current operating
requirements lawfully incurred in the fiscal year, and;
WHEREAS, temporary transfer of cash between district funds is permitted by Education Code Section 42603, and;
WHEREAS, the following restrictions apply to this authorization:
1. Maximum amount of authorized borrowing: $ 50,000,000. 2. For fiscal year: 2014-2015. 3. Amount shall not exceed 75 percent of any moneys held in any fund. 4. Funds borrowed shall not be available for appropriation or considered income to
the borrowing fund. 5. Borrowing shall occur only when the fund receiving the money will earn
sufficient income during the current fiscal year. 6. The amounts borrowed shall be repaid either in the same fiscal year or in the
following fiscal year if the borrowing takes place within the final 120 calendar days of a fiscal year.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Education hereby authorizes the Chief Business and Financial Officer and/or the Financial Services Officer to make temporary cash borrowing between all of the district funds.
ADOPTED, SIGNED and APPROVED on this 17th day of June, 2014.
BOARD OF EDUCATION OF THE LONG BEACH UNIFIED SCHOOL DISTRICT
OF LOS ANGELES COUNTY
By: ___________________________________ President
By: ___________________________________
Vice-President
By: ___________________________________ Member
By: ___________________________________
Member
By: ___________________________________ Member
RESOLUTION NO. 061714-B
BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT
SUBJECT: Resolution No. 061714-C Enclosures: One CATEGORY: New Business Reason for Board Consideration: Action Financial Services Date: June 17, 2014 BACKGROUND: Temporary borrowing of cash from the Los Angeles Country Treasurer to meet immediate cash deficiencies is permitted from July 1, 2014 through the last Monday in April, 2015, per Article XVI, Section 7, of the California Constitution. The authority proposed in the attached Resolution, as well as the Resolution to allow for temporary borrowing between District funds, will be exercised on an as-needed basis. RECOMMENDATION: Adopt Resolution No. 061714-C A RESOLUTION OF THE GOVERNING BOARD OF EDUCATION OF THE LONG BEACH UNIFIED SCHOOL DISTRICT GIVING AUTHORIZATION FOR TEMPORARY TRANSFERS FROM THE LOS ANGELES COUNTY TREASURER. Approved: Approved and Recommended: James Novak Christopher J. Steinhauser Chief Business & Financial Officer Superintendent of Schools
A RESOLUTION OF THE GOVERNING BOARD OF EDUCATION
OF THE LONG BEACH UNIFIED SCHOOL DISTRICT GIVING AUTHORIZATION FOR TEMPORARY
TRANSFERS FROM THE LOS ANGELES COUNTY TREASURER
WHEREAS, sufficient cash is needed to pay obligations for current operating requirements lawfully incurred in the fiscal year, and;
WHEREAS, Article XVI, Section 6, of the California Constitution allows for borrowing
from the School Pools Fund maintained by the Los Angeles County Treasurer (Treasurer), and;
WHEREAS, the following restrictions apply to this authorization:
1. Maximum amount of authorized borrowing: $ 70,000,000 2. For fiscal year: 2014-2015. 3. Shall not exceed 85 percent of the anticipated revenues accruing to the district. 4. Shall not be made prior to the first day of the fiscal year nor after the last Monday in
April of the current fiscal year. 5. Shall be repaid from revenues accruing to the district before any other obligation is
met from such revenue.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Education hereby authorizes the Chief Business and Financial Officer and/or the Financial Services Officer to request the Treasurer to make temporary transfers of funds.
ADOPTED, SIGNED and APPROVED on this 17h day of June, 2014.
BOARD OF EDUCATION OF THE LONG BEACH UNIFIED SCHOOL DISTRICT
____________________________________________________________________________ CATEGORY: New Business Reason for Board Consideration: ____Action__ Financial Services Date: June 17, 2014 ___________________________________________________________________________ BACKGROUND: Section 42810 of the Education Code of the State of California provides that the governing board of any school district may, by resolution, establish revolving cash funds for use by school principals and other administrative officials designated by the governing board and acting in accordance with regulations prescribed by the governing board, for services or material. Each expenditure shall be limited to $200 per item or service. The fund shall be administered according to the guidelines set forth in Business Department Procedures. RECOMMENDATION: Adopt Resolution No. 061714-D A RESOLUTION OF THE GOVERNING BOARD OF EDUCATION OF THE LONG BEACH UNIFIED SCHOOL DISTRICT SUPERSEDING RESOLUTION NO. 061813-D AND ESTABLISHING REVOLVING CASH FUND FOR THE LONG BEACH UNIFIED SCHOOL DISTRICT. Approved: Approved and Recommended: James Novak Christopher J. Steinhauser Chief Business & Financial Officer Superintendent of Schools
A RESOLUTION OF THE GOVERNING BOARD OF EDUCATION
OF THE LONG BEACH UNIFIED SCHOOL DISTRICT SUPERSEDING RESOLUTION NO. 061813-D
AND ESTABLISHING REVOLVING CASH FUND FOR THE LONG BEACH UNIFIED SCHOOL DISTRICT
WHEREAS, Section 42810 of the Education Code of the State of California provides that the governing board of any school district may, by resolution, establish revolving cash funds for use by school principals and other administrative officials designated by the governing board and acting in accordance with regulations prescribed by the governing board, for services or material; and WHEREAS, the need is recognized to establish a Revolving Cash Fund for use by school principals or other administrative officials for services and for emergency or small purchases of instructional and office supplies not presently available from the District's stock; NOW, THEREFORE, BE IT RESOLVED by the Board of Education of the Long Beach Unified School District as follows: 1. Resolution No. 061813-D establishing a revolving cash fund for the Long Beach Unified School District is superseded by Resolution No.061714-D. 2. In accordance with the provisions of Section 42801 and 42810 of the Education Code, a Revolving Cash Fund in an aggregate amount not to exceed 3% of the district's current year instructional supply budget is hereby established and authorized for the use of all school principals, and for the use of those administrative officers hereinafter designated by the Board, to be expended by said school principals and administrative officials for services and for emergency or small purchases of instructional and office supplies which are not readily available from the District's stock. 3. The administrative officials for whom the revolving cash fund is established are hereby designated as follows: (in alphabetical order) Administrative Assistant, Superintendent’s Office Assistant Director, Special Project Services
Assistant Principal, Poly Academy for Accelerated Learning Assistant Superintendent, Human Resource Services Assistant Superintendent or Director, Special Education Assistant Superintendent, Secondary Schools Business Services Administrator
Chief Academic Officer/Assistant Superintendent, Elementary & K-8 Schools Chief Business and Financial Officer or Financial Services Officer
Co-Principals and Principals, High Schools Deputy Superintendent Director, Assistant School Safety & Emergency Preparedness Director, Child Development Centers Director, Employee Relations Office Director, Head Start & Head Start Policy Council Director, Maintenance Branch Director, Middle/Secondary Schools Director, Nutrition Services
RESOLUTION NO. 061714-D
RESOLUTION NO. 061714-D
Page 2
Director, Office of Curriculum, Instruction and Professional Development ( P.A.L.M.S.) Director, Public Information Director, Purchasing and Contracts Branch Director, Research Director, Special Projects Services Director, Transportation Executive Director, Facilities Development and Planning Executive Director, Fiscal Services Executive Officer, Personnel Commission Principal, School for Adults Principals, Elementary, K-8 and Middle Schools Program Administrator, Buffum Pre-Kindergarten Center Program Facilitator, Office of Multimedia Services Program Manager, Kids Club Program Specialist, Office of Curriculum, Instruction and Professional Development (New Teacher Support) Senior Director, HRS/Leadership Development 4. The amount of the individual revolving cash fund for each school principal and each designated administrative official is hereby established in an amount not to exceed the following: (in alphabetical order) Administrative Assistant, Superintendent’s Office $1,000 Assistant Director, Special Project Services $1,000 Assistant Principal, Poly Academy for Accelerated Learning $1,000 Assistant Superintendent, Human Resource Services $1,000 Assistant Superintendent or Director, Special Education $1,000 Assistant Superintendent, Secondary Schools $1,000 Business Services Administrator $1,000 Chief Academic Officer/Assistant Superintendent, Elementary & K-8 Schools $1,000 Chief Business and Financial Officer or Financial
Services Officer for emergency disaster purposes $150,000 Chief Business and Financial Officer or Financial Services Officer $1,000 Co-Principals, High Schools $1,000 Deputy Superintendent $1,000 Director, Assistant School Safety and Emergency Preparedness $1,000 Director, Child Development Centers $1,000 Director, Employee Relations $1,000 Director, Head Start $1,000 Director, Head Start Policy Council $2,000 Director, Maintenance Branch $1,000 Director, Middle/Secondary Schools $1,000 Director, Nutrition Services $1,000 Director, Office of Curriculum, Instruction and Professional Development (P.A.L.M.S.) $1,000 Director, Public Information $1,000 Director, Purchasing and Contracts $1,000 Director, Research $1,000 Director, Special Projects Services $1,000
RESOLUTION NO. 061813-D
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Director, Transportation $1,000 Executive Director, Facilities Development and Planning $1,000 Executive Director, Fiscal Services $1,000 Executive Officer, Personnel Commission $1,000 Principal, School for Adults $1,000 Principals, Elementary, K-8 and Middle Schools $1,000 Program Administrator, Buffum Pre-Kindergarten Center $1,000 Program Facilitator, Office of Multimedia Services $1,000 Program Manager, Kids Club $1,000 Program Specialist, Office of Curriculum, Instruction and Professional Development (New Teacher Support) $1,000 Senior Director, HRS/Leadership Development $1,000
IN WITNESS THEREOF, we have hereunto set our hands this 17th day of June, 2014
BOARD OF EDUCATION OF THE LONG BEACH UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY, CALIFORNIA
By: ___________________________________ President
By: ___________________________________
Vice-President
By: ___________________________________ Member
By: ___________________________________
Member
By: ___________________________________ Member
BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT
SUBJECT: Resolution No. 061714-E Enclosures: One CATEGORY: New Business Item Reason for Board Consideration: Action Facilities Department Date: June 17, 2014 Background Pursuant to government code sections 65995.5 and 65995.7, the Board is being requested to adopt Alternative School Facilities Fees (ASFF- Level 2 and Level 3). The School Facilities Needs Analysis Report (SFNA) for 2014 has been updated in accordance with applicable law. In order for a school district to assess the ASFF, it must satisfy the requirements of eligibility for new construction funding under the School Facilities Program (SFP), and meet at least two of the four statutory requirements which include: 1) substantial enrollment on multi-track year-round schedule; 2) placing a general obligation bond measure on the ballot in the last four years; 3) issuing debt or incurring obligations for capital outlay; and 4) 20% of the District’s teaching stations are relocatable classrooms. The District is eligible to receive new construction funding, and currently satisfies two of the four statutory requirements. As a result, the District is allowed to adopt and impose the ASFF as provided by applicable law. According to the 2014 SFNA report, it is recommended that the Board consider new residential construction project fees of Level 2 at $4.85 and Level 3 at $9.70 per square foot of assessable space. Public Review/Comment The SFNA Report was made available for public review for 30 days as required starting May 16, 2014, including notices posted at libraries, in the local newspaper, and mailed to all interested parties who made a written request for such notification. Per government code section 65995.6(c), a Public Hearing to receive comments is required for the Board to consider and approve the ASFF. Recommendation Conduct a Public Hearing and Adopt Resolution No. 061714-E: A RESOLUTION OF THE GOVERNING BOARD OF EDUCATION OF THE LONG BEACH UNIFIED SCHOOL DISTRICT APPROVING A SCHOOL FACILITIES NEEDS ANALYSIS, ADOPTING ALTERNATIVE SCHOOL FACILITY FEES IN COMPLIANCE WITH GOVERNMENT CODE SECTIONS 65995.5, 65995.6 AND 65995.7, ADOPTING RESPONSES TO PUBLIC COMMENTS RECEIVED AND MAKING RELATED FINDINGS AND DETERMINATIONS Prepared by: Approved: Tova K. Corman James Novak Executive Director Chief Business & Financial Officer Facilities Development & Planning
RESOLUTION NO. 061714- E
A RESOLUTION OF THE BOARD OF EDUCATION OF THE LONG BEACH UNIFIED SCHOOL DISTRICT APPROVING A SCHOOL FACILITIES NEEDS
ANALYSIS, ADOPTING ALTERNATIVE SCHOOL FACILITY FEES IN COMPLIANCE WITH GOVERNMENT CODE SECTIONS 65995.5, 65995.6 AND 65995.7, ADOPTING RESPONSES TO PUBLIC COMMENTS RECEIVED AND
MAKING RELATED FINDINGS AND DETERMINATIONS
WHEREAS, the Board of Education (“Board”) of the Long Beach Unified School District
(“District”) provides for the educational needs for Grade K-12 students for the Cities of Long Beach, Lakewood, Signal Hill, and Avalon (“Cities”) and portions of Los Angeles County (“County”); and
WHEREAS, the Board has previously adopted, and the District has imposed, Statutory
School Facility Fees (“Level 1 Fees”) pursuant to Education Code Section 17620 and Government Code Section 65995, and Alternative School Facility Fee amounts pursuant to Government Code Sections 65995.5 (“Level 2 Fees”) and 65995.7 (“Level 3 Fees ” and collectively, “ASFF”), but desires to update its ASFF based upon a current School Facilities Needs Analysis (“2014 SFNA”) prepared by Dolinka Group, LLC, in accordance with applicable law; and
WHEREAS, the Board of the District has previously, by resolution, elected to participate in
the School Facilities Program (“SFP”) as established pursuant to the Leroy F. Greene School Facilities Act of 1998 for the funding of both modernization and new construction projects, and appointed a representative (“District Representative”) for the purpose of requesting an Eligibility Determination (“ED”) for funding under the SFP; and
WHEREAS, the District Representative completed and certified the Enrollment
Certification/Projections with the submission of Form SAB 50-01, the Existing School Building Capacity with the submission of Form SAB 50-02, and the ED by submission of Form SAB 50-03 to the State Allocation Board (“SAB”) for approval pursuant to the SFP; and
WHEREAS, the SAB previously notified the District that it met the eligibility requirements for
new construction funding pursuant to the provisions of the SFP; and WHEREAS, the District Representative has completed and certified Form SAB 50-04, the
Application for Funding, and prior to the adoption of this Resolution submitted the Application for Funding to the SAB for approval pursuant to the SFP; and
WHEREAS, “New Residential Construction” includes, but is not limited to, single-family
detached and attached construction, multi-family attached construction, additions greater than 500 square feet and factory-built housing where the District has the authority to impose Level 1 Fees and/or ASFF, as applicable, pursuant to Education Code Section 17620 and Government Code Section 65995 et seq. and manufactured homes and mobile homes where the District is required to satisfy the requirements of Education Code Section 17625 before levying Level 1 Fees and/or ASFF, as applicable, pursuant to Education Code Section 17620 and Government Code Section 65995 et seq.; and
WHEREAS, Level 2 Fees and Level 3 Fees, upon adoption of the ASFF and during the
effective period thereof, are applicable to New Residential Construction in accordance with applicable law, subject to the suspension of Level 3 Fees pursuant to Government Code Section 65995.7(a)(3); and
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WHEREAS, pursuant to Government Code Section 65995.6(f), ASFF adopted by the Board
are effective for a maximum of one (1) year; and WHEREAS, the District has met the requirements established by Government Code
Section 65995.5(b)(3) in that: (i) the District has issued debt or incurred obligations for capital outlay in an amount equivalent to a specified percentage of its local bonding capacity and (ii) at least twenty percent (20%) of the teaching stations within the District are relocatable classrooms; and
WHEREAS, New Residential Construction continues to generate additional students for the
District’s schools and the District is required to provide school facilities for grade K-12 (“School Facilities”) to accommodate those students, including those School Facilities identified in the 2014 SFNA; and
WHEREAS, the District does not have sufficient funds available for the construction of the
School Facilities, including the acquisition of sites, construction of permanent School Facilities, and acquisition of interim School Facilities, to accommodate students from New Residential Construction; and
WHEREAS, the Board has caused to be prepared the 2014 SFNA dated May 13, 2014,
pursuant to applicable law including, but not by way of limitation, Government Code Section 65995.6, prior to the adoption of ASFF; and
WHEREAS, the Board has received and considered the 2014 SFNA which includes all
matters required by applicable law, including an analysis of: (a) the purpose of the ASFF; (b) the use to which the ASFF are to be put; (c) the nexus (roughly proportional and reasonable relationship) between the New Residential Construction and (1) the facilities for which the ASFF are to be used, (2) the need for School Facilities, (3) the amount of ASFF, and (4) the cost of School Facilities attributable to New Residential Construction; (d) an evaluation and projection of the number of students that will be generated by New Residential Construction by grade levels of the District as described by Government Code Section 65995.6; (e) a description of the new School Facilities that will be required to serve such students; and (f) the present estimated cost of such School Facilities; and
WHEREAS, the 2014 SFNA in its final form has been made available to the public, for at
least thirty (30) days before the Board held a public hearing on June 17, 2014 (“Hearing”); and WHEREAS, all notices of the preparation of the 2014 SFNA and adoption of ASFF,
including the offer by the District to meet with any affected local planning agency within the District’s boundaries (“Local Agencies”) relating to the potential expansion of existing school sites or the necessity to acquire additional school sites, have been given in accordance with Government Code Section 65352.2; and
WHEREAS, pursuant to Government Code Section 65995.6(d), copies of the 2014 SFNA
have been provided thirty (30) days prior to the Hearing if such written request(s) for copies of the 2014 SFNA were filed with the District forty-five (45) days prior to the Hearing; and
WHEREAS, the 2014 SFNA has been provided to the public and all Local Agencies for
review and comment in compliance with Government Code Section 65995.6(c); and WHEREAS, the Hearing was held in a manner required by applicable law at a meeting of
the Board of the District relating to the proposed adoption of the 2014 SFNA and ASFF; and
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WHEREAS, the District has received, considered and discussed any written comments
received by the District, and the District staff, or any consultants on its behalf, and have responded to all written comments, and the Board desires to adopt all such written responses as the Board’s response(s), if any; and
WHEREAS, the District has adopted a School Fee Appeal/Protest Procedure, pursuant to
Resolution No. 081710-D, adopted on August 17, 2010, (“School Fee Appeal/Protest Procedure”) which the Board desires to apply to the ASFF; and
WHEREAS, as to the approval of the 2014 SFNA and ASFF, Government Code Section
65995.6(g) provides that the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the preparation, adoption, or update of the 2014 SFNA or adoption of this Resolution; and
WHEREAS, the District desires to approve the 2014 SFNA and adopt ASFF pursuant to
Government Code Sections 65995.5 and 65995.7 for the purpose of establishing ASFF that may be imposed on New Residential Construction calculated pursuant to Government Code Section 65995(b), subject to the suspension of Level 3 Fees as set forth in Government Code Section 65995.7(a)(3).
NOW THEREFORE, THE BOARD OF EDUCATION OF THE LONG BEACH UNIFIED
SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: Section 1. The Board does hereby find and determine that the foregoing recitals and
determinations are true and correct, including not by way of limitation, its adoption of responses to written comments received by the District, if any.
Section 2. The Board does hereby find and determine that the 2014 SFNA meets all
applicable legal requirements, and it hereby adopts each of the findings set forth in the 2014 SFNA.
Section 3. Pursuant to Government Code Section 65995.5, a District Representative
previously applied to the SAB for new construction funding. Section 4. The SAB previously notified the District that it was eligible for new
construction funding pursuant to the provisions of the SFP. Section 5. For purposes of Government Code Section 65995.5(b)(3): (i) the District has
issued debt or incurred obligations for capital outlay in an amount equivalent to a specified percentage of its local bonding capacity and (ii) at least twenty percent (20%) of the teaching stations within the District are relocatable classrooms
Section 6. The District has caused to be prepared the 2014 SFNA, which is on file at
the District office address and incorporated herein by this reference, which complies with all applicable statutory requirements, including the provisions of Government Code Section 65995.6.
Section 7. The Board hereby approves and adopts the 2014 SFNA for the purpose of
establishing ASFF as to future New Residential Construction within the District, subject to the suspension of Level 3 Fees as set forth in Government Code Section 65995.7(a)(3).
Section 8. The Board finds that the purpose of the ASFF imposed upon New
Residential Construction are to fund the additional School Facilities to serve the students
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generated by the New Residential Construction and that the ASFF are to be imposed as provided in the 2014 SFNA and pursuant to applicable law.
Section 9. The Board finds that the ASFF are hereby established as applicable to the
extent set forth herein, the ASFF will be used to fund those School Facilities described in the 2014 SFNA, and the School Facilities will serve the students generated by the New Residential Construction within the District as provided in the 2014 SFNA.
Section 10. The Board finds that there is a roughly proportional, reasonable relationship
between the use of the ASFF and the New Residential Construction within the District because the ASFF imposed on New Residential Construction by this Resolution will be used to fund School Facilities which will be used to serve the students generated by such New Residential Construction in accordance with applicable law as set forth in the 2014 SFNA.
Section 11. The Board finds that there is a roughly proportional, reasonable relationship
between the New Residential Construction upon which the ASFF are imposed, and the need for additional School Facilities in the District because new students will be generated from New Residential Construction within the District. The District does not have sufficient capacity in the existing School Facilities to accommodate all of these students.
Section 12. The Board finds that the amount of the ASFF imposed on New Residential
Construction as set forth in this Resolution is roughly proportional and reasonably related to, and does not exceed the cost of, providing the School Facilities required to accommodate the students generated by New Residential Construction within the District. The 2014 SFNA provides information on the present estimated cost of the School Facilities.
Section 13. The Board finds that a separate fund(s) (“Fund”) of the District has been
created or is authorized to be established for all monies received by the District for the deposit of applicable Level 1 Fees, Level 2 Fees and Level 3 Fees imposed on New Residential Construction within the District, as well as applicable Commercial/ Industrial Fees and mitigation payments (“Mitigation Payments”) collected by the District and that said Fund at all times has been separately maintained, except for temporary investments, with other funds of the District as authorized by applicable law.
Section 14. The Board finds that the monies of the separate Fund, described in Section
13, consisting of the proceeds of applicable Level 1 Fees, Level 2 Fees and Level 3 Fees, and applicable Commercial/Industrial Fees and Mitigation Payments has been imposed for the purposes of constructing those School Facilities necessitated by New Residential Construction and as further set forth in the 2014 SFNA, and thus, these monies may be expended for all those purposes permitted by applicable law.
Section 15. The 2014 SFNA determines there is a need for new School Facilities for
unhoused pupils that are attributable to projected enrollment growth from New Residential Construction over the next five (5) years, based on relevant planning agency information and the historical generation rates of new residential units constructed during the previous five (5) years that are of a similar type of unit to those anticipated to be constructed within the District, and/or the Cities or County in which the District is located.
Section 16. The Board has identified and considered, and/or subtracted, as set forth in
the 2014 SFNA, the following information in determining amounts of the Level 2 Fees and Level 3 Fees:
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(a) any surplus property owned by the District that can be used as a school site or that is available for sale to finance school facilities pursuant to Government Code Section 65995.6(b)(1);
(b) the extent to which projected enrollment growth may be accommodated by
excess capacity in existing school facilities pursuant to Government Code Section 65995.6(b)(2);
(c) local sources other than fees, charges, dedications, or other requirements
imposed on residential construction available to finance the construction or reconstruction of School Facilities needed to accommodate any growth in enrollment attributable to the New Residential Construction pursuant to Government Code Section 65995.6(b)(3); and
(d) the full amount of local funds the Board has dedicated to facilities
necessitated by New Residential Construction, including fees, charges, dedications or other requirements imposed on commercial or industrial construction pursuant to Government Code Section 65995.5(c)(2).
Section 17. The Board has calculated, as set forth in the 2014 SFNA, the maximum
square foot fees, charges, or dedications to be established as ASFF that may be collected in accordance with the provisions of Government Code Sections 65995.5(c) and 65995.7(a).
Section 18. Pursuant to Government Code Section 65352.2 and prior to the completion
of the 2014 SFNA, the District invited the Local Agencies to meet to discuss the potential expansion of existing school sites or the necessity to acquire additional school sites, and included copies of any relevant and available information with the invitation to the Local Agencies. No Local Agencies requested to meet with the District.
Section 19. Pursuant to the requirements of Government Code Section 65995.6(c), the
2014 SFNA in its final form has been made available to the public for a period of not less than thirty (30) days, and the public has had the opportunity to review and comment on the 2014 SFNA.
Section 20. The 2014 SFNA has been provided to the Local Agencies for review and
comment in compliance with Government Code Section 65995.6(c). Section 21. Pursuant to Government Code Section 65995.6(d), the District has caused
to be mailed a copy of the 2014 SFNA not less than thirty (30) days prior to the Hearing to any person who made a written request forty-five (45) days prior to the Hearing.
Section 22. Pursuant to Government Code Section 65995.6(d), notice of the time and
place of the Hearing to adopt the 2014 SFNA, including the location and procedure for viewing or requesting a copy of the proposed 2014 SFNA, has been published in at least one (1) newspaper of general circulation within the jurisdiction of the District at least thirty (30) days prior to the Hearing.
Section 23. The Board conducted the required Hearing prior to adoption of the 2014
SFNA and the ASFF, at which time all persons desiring to be heard on all matters pertaining to the 2014 SFNA were heard, all responses to such comments received were made by the Board, if any, and all information presented was duly considered.
Section 24. In responding to written comments pursuant to Government Code Section
65995.6(c), the Board does hereby adopt any and/or all such response(s) made by District staff
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and/or its consultants as its own response(s), and/or adopts such response(s) as modified by the Board at the Hearing.
Section 25. The Board hereby adopts ASFF and establishes the ASFF on New
Residential Construction projects within the District in the following amounts:
(a) Pursuant to Government Code Sections 65995.5 and 65995.6, Level 2 Fees in the amount of Four and 85/100 Dollars ($4.85) per square foot of assessable space (as defined in Government Code Section 65995) for New Residential Construction.
(b) Pursuant to Government Code Section 65995.7, Level 3 Fees in the amount
of Nine and 70/100 Dollars ($9.70) per square foot of assessable space (as defined in Government Code Section 65995) for New Residential Construction.
(c) However, these amounts shall not be imposed on any construction project used exclusively for housing senior citizens, as described in Civil Code Section 51.3, a residential care facility for the elderly as described in subsection (k) of Section 1569.2 of the Health and Safety Code, or a multilevel facility for the elderly as described in paragraph 9 of subdivision (d) of Section 15432 of the Government Code or any mobile home or manufactured home that is located within a mobile home park, subdivision, cooperative or condominium for mobile homes limited to older persons as defined by the Federal Fair Housing Amendments Act of 1988. Additionally, Level 3 Fees shall not be levied by the District until authorized by Government Code Section 65995.7(a)(3). Section 26. ASFF, upon adoption and during the effective period thereof, are applicable
to New Residential Construction in lieu of Level 1 Fees in accordance with applicable law, except that Level 3 Fees are suspended pursuant to Government Code Section 65995.7(a)(3).
Section 27. The proceeds of the ASFF adopted pursuant to this Resolution shall
continue to be deposited into the Fund identified in Section 13 of this Resolution, the proceeds of which shall be used exclusively for the purpose for which the ASFF were collected.
Section 28. The Superintendent, or designee, is directed to cause a copy of this
Resolution to be delivered to the building officials of the Local Agencies, as well as to the Office of Statewide Health Planning and Development (“OSHPD”), all supporting documentation, and a map of the District boundaries, advising such entities that New Residential Construction is subject to the ASFF adopted pursuant to this Resolution. The District’s letter should request that building permits, or approval for occupancy, not be issued by any of the Local Agencies or OSHPD for any New Residential Construction project subject to the ASFF absent a District certificate of compliance (“Certificate of Compliance”) demonstrating the project’s compliance with the requirements of the ASFF. The District’s letter should also request that building permits not be issued for any non-New Residential Construction absent a Certification of Compliance showing compliance with the requirements of the applicable ASFF.
Section 29. The Superintendent, or designee, is authorized to cause a Certificate of
Compliance to be issued for each New Residential Construction project, for which there is compliance with the requirement for payment of the ASFF in the amounts specified by this Resolution. In the event a Certificate of Compliance is issued for the payment of ASFF for a New Residential Construction project, and it is later determined that the statement or other representation made by an authorized party concerning the New Residential Construction project as to square footage is untrue or in the event the zoning is declared invalid, then such Certificate of Compliance shall automatically terminate, and the appropriate City, County or OSHPD shall be notified.
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Section 30. Regarding the timely provision of a Certificate of Compliance by the District
for New Residential Construction, although not required by applicable law, the Board hereby determines that the 2014 SFNA is a proposed construction plan for purposes of requiring payment of ASFF prior to the issuance of any building permit for New Residential Construction in accordance with Government Code Section 66007, and that all ASFF are appropriated for the purpose of accomplishing such construction plan.
Section 31. No statement or provision set forth in this Resolution shall be construed to
repeal any preexisting fee or mitigation amount previously imposed by the District on any residential or nonresidential construction.
Section 32. The District shall apply the School Fee Appeal/Protest Procedure to the
ASFF. Section 33. If any portion or provision this Resolution is held to be invalid, the remaining
provisions of this Resolution are intended to be and shall remain valid. Section 34. If the Level 2 Fees and/or the Level 3 Fees are held to be invalid (other than
the suspension under Government Code Section 65995.7(a)(3)), ASFF, in amounts determined by applicable law at such time, are intended to be, and shall remain, in full force and effect.
Section 35. The ASFF adopted by this Resolution shall take effect immediately upon
such adoption and shall be effective for a maximum of one (1) year, subject to the suspension of Level 3 Fees as set forth in Government Code Section 65995.7(a)(3).
[Remainder of page left blank.]
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APPROVED, ADOPTED, AND SIGNED on this 17th day of June, 2014.
BOARD OF EDUCATION OF THE LONG BEACH UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY, CALIFORNIA By:
______________________________________ President
By:
______________________________________ Vice President
By:
______________________________________ Member
By:
______________________________________ Member
By:
______________________________________ Member
STATE OF CALIFORNIA ) ) ss.
COUNTY OF LOS ANGELES ) I, Christopher J. Steinhauser, Secretary, Board of Education of the Long Beach Unified
School District, do hereby certify that the foregoing Resolution was adopted by the Board of Education of said District at a meeting of said Board held on the 17th day of June, 2014, and that it was so adopted by the following vote:
AYES: NOES: ABSTAIN: ABSENT:
Secretary, Board of Education of the Long Beach Unified School District
STATE OF CALIFORNIA )
) ss. COUNTY OF LOS ANGELES )
I, Christopher J. Steinhauser, Secretary, Board of Education of the Long Beach Unified
School District, do hereby certify that the foregoing is a full, true and correct copy of Resolution No. 061714-E of said Board, and that the same has not been rescinded, amended or repealed. Dated this 17th day of June, 2014.
Secretary, Board of Education of the Long Beach Unified School District
BOARD OF EDUCATION LONG BEACH UNIFIED SCHOOL DISTRICT
SUBJECT: Resolution No. 061714-F Enclosures: ___Yes____ ___________________________________________________________________________ CATEGORY: New Business Item Reason for Board Consideration: ____Action__ Facilities Development & Planning Department Date: June 17, 2014 ____________________________________________________________________________ BACKGROUND Resolution No. 121713-B was approved by The Governing Board on December 17, 2013, as a result of recent changes in the Public Contract Code, Section 20111.6, which requires a Governing Board of a School District with an average daily attendance of two thousand five hundred (2,500) students or more prequalify bidders for their public works projects using funds received pursuant to the Leroy F. Greene School Facilities Act of 1998 (Education Code Section 17070.10 et seq.), or any funds from future state school bonds. These projects would be for any public project with a projected expenditure of one million dollars ($1,000,000) or more in construction contracts awarded on, or after, January 1, 2014, and until January 1, 2019. The Governing Board approved Resolution No. 040114-A on April 1, 2014, which allowed for minor changes to the Prequalification Questionnaire and the Point Allocation Answer Key for Prequalification Questionnaire. Additional clarifications to the Prequalification Questionnaire are found to be necessary. Therefore, adoption of Resolution No. 061714-F by the School Board will allow staff to amend the Prequalification Questionnaire required to implement a prequalification process for construction contractors that will bid on future public works projects for the District. RECOMMENDATION Adopt resolution No. 061714-F: A RESOLUTION BY THE GOVERNING BOARD OF EDUCATION OF THE LONG BEACH UNIFIED SCHOOL DISTRICT AMENDING IMPLEMENTATION OF PREQUALIFICATION OF CONSTRUCTION CONTRACTORS UNDER PUBLIC CONTRACT CODE SECTION 20111.6 LONG BEACH UNIFIED SCHOOL DISTRICT. Prepared By: Approved and Recommended: Tova K. Corman James Novak Executive Director Chief Business Financial Officer Facilities Planning & Development
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RESOLUTION NO. 061714-F
A RESOLUTION BY THE GOVERNING BOARD OF EDUCATION OF THE LONG BEACH UNIFIED SCHOOL DISTRICT AMENDING IMPLEMENTATION OF PREQUALIFICATION OF CONSTRUCTION CONTRACTORS UNDER PUBLIC CONTRACT CODE SECTION
20111.6 LONG BEACH UNIFIED SCHOOL DISTRICT
WHEREAS, the Governing Board approved Resolution No. 121713-B, on December 17, 2013, and amended with Resolution No. 040114-A, on April 1, 2014, for construction contracts awarded on or after January 1, 2014, and until January 1, 2019, pursuant to Public Contract Code Section 20111.6 that requires the governing board of a school district with an average daily attendance over two thousand five hundred (2,500) to prequalify bidders for public works projects using any funds received pursuant to the Leroy F. Greene School Facilities Act of 1998 (Education Code Section 17070.10 et seq.) or any funds from any future state school bond for a public project with a projected expenditure of one million dollars ($1,000,000) or more; and WHEREAS, minor changes to the Prequalification Questionnaire are necessary;
WHEREAS, for purposes of Public Contract Code Section 20111.6 and public projects that
fall within its purview, bidders shall include the general contractor and, if utilized, all electrical, mechanical, and plumbing subcontractors; and
WHEREAS, the standardized questionnaire and financial statement in a form specified by
the school district (“Questionnaire”) is required to include a complete statement of the prospective bidder’s financial ability and experience in performing public works; and WHEREAS, the Questionnaire and financial statement must be verified under oath by the bidder in the manner in which civil pleadings and civil actions are verified; and WHEREAS, the Questionnaire is not a public record and is not to be opened to public inspection; and WHEREAS, each Questionnaire submitted by a prospective bidder will be scored in accordance with an established point system; and WHEREAS, Public Contract Code Sections 20111.6 requires any school district requiring prospective bidders to complete and submit a Questionnaire to adopt and apply a uniform system of rating bidders on the basis of the completed Questionnaire in order to determine if bidder will be deemed qualified to bid (“Uniform System”); and
WHEREAS, a school district may not accept a proposal from any potential bidder who is required to submit a Questionnaire in accordance with Public Contract Code Section 20111.6, but has not done so at least ten (10) days prior to the date fixed upon the public opening of sealed bids, or has not been prequalified by the school district in accordance with Public Contract Code Section 20111.6(f) at least five (5) days prior to the opening of sealed bids; and
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WHEREAS, Notwithstanding the foregoing recital, pursuant to Public Contract Code Section 20111.6, a school district may establish a process for prequalifying prospective bidders and may authorize their prequalification to be considered valid for up to one (1) calendar year following the date of initial prequalification; and WHEREAS, The District does not intend prequalification under the Questionnaire confer prequalification status to a contractor on any projects requiring prequalification under Public Contract Code section 20111.5. Prequalification under the Questionnaire approved by this resolution shall not confer prequalification status to a contractor on any projects requiring prequalification under PCC 20111.5. NOW THEREFORE, THE GOVERNING BOARD OF THE LONG BEACH UNIFIED SCHOOL DISTRICT DOES HEREBY RESOLVE: Section 1. In accordance with Public Contract Code 20111.6, the Governing Board (“Board”) established a prequalification program for construction contracts awarded on or after January 1, 2014, until January 1, 2019 that receive funding pursuant to the Leroy F. Greene School Facilities Act of 1998 (Education Code Section 17070.10 et seq.) or any funds from any future state school bond and involves a projected expenditure of one million dollars ($1,000,000) or more, (“Prequalification Program”). Section 2. The Prequalification Program shall utilize the amended Questionnaire attached hereto as Exhibit “A” and incorporated herein. Section 3. The Questionnaire shall be completed by any potential bidder in conformance with Public Contract Code Section 20111.6. Section 4. With respect to construction contracts awarded on or after January 1, 2014 that receive funding pursuant to the Leroy F. Greene School Facilities Act of 1998 (Education Code Section 17070.10 et seq.) or any funds from any future state school bond and involves a projected expenditure of one million dollars ($1,000,000) or more, each prospective bidder must be prequalified in conformance with the Prequalification Program prior to submitting a bid. Section 5. In submitting any bids for construction contracts awarded on or after January 1, 2014 that receive funding pursuant to the Leroy F. Greene School Facilities Act of 1998 (Education Code Section 17070.10 et seq.) or any funds from any future state school bond and involves a projected expenditure of one million dollars ($1,000,000) or more, and any future projects that require prequalification of contractors, the District will furnish each prospective bidder a standardized proposal form that when completed and executed, will constitute such potential bidder’s bid (“Proposal”).
Section 6. A Proposal shall not be accepted from any person or other entity for any construction contracts awarded on or after January 1, 2014 that receive funding pursuant to the Leroy F. Greene School Facilities Act of 1998 (Education Code Section 17070.10 et seq.) or any funds from any future state school bond and involves a projected expenditure of one million dollars ($1,000,000) or more who: (1) has not submitted a Questionnaire at least ten (10) business days prior to the date fixed for the public opening of the sealed bids for such construction contract in accordance with Public Contract Code Section 20111.6(f); and (2) who has not been prequalified for
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at least five (5) days prior to the public opening of sealed bids for such contract, in accordance with Pubic Contract Code Section 20111.6(f). Section 7. Once prequalified pursuant to this section, such prequalification shall be valid for up to one (1) calendar year following the date of initial prequalification. Section 8. Prequalification under the Questionnaire approved by this resolution shall not confer prequalification status to a contractor on any projects requiring prequalification under Public Contract Code section 20111.5 Section 9. The Board hereby delegates to the District’s Director, Facilities Planning, Maintenance, Operations and Transportation the authority to determine whether a potential bidder shall be considered prequalified.
Section 10. The Board hereby delegates to the District’s Superintendent or his/her
designee, the authority to determine who shall have the responsibility to hear and oversee prequalification determination appeals (“Appeals Panel”). PASSED AND ADOPTED by the Governing Board of the Long Beach Unified School District on June 17, 2014, by the following vote: AYES: __________ NOES: __________ ABSENT: __________ ABSTAIN: __________ I, Christopher J. Steinhauser, Secretary of the Long Beach Unified School District Governing Board, do hereby certify that the foregoing is a full, true and correct copy of a resolution passed and adopted by said Board at a regularly scheduled and conducted meeting held on said date, which resolution is on file in office of said Board.
______________________________________ Secretary
EXHIBIT “A”
ANNOUNCEMENT OF PRE‐QUALIFICATION PROCEDURES AND OPEN DATES FOR ANNUAL PRE‐QUALIFICATION
Notice is hereby given that on December 17, 2013, and amended April 1, 2014 and June 17, 2014, the Long Beach Unified School District determined that all bidders, on certain public projects to be undertaken by the Long Beach Unified School District (District), must be pre‐qualified prior to submitting bids for certain public works projects. Pursuant to Public Contract Code Section 20111.6, bidders on all public projects using funds received pursuant to the Leroy F. Greene School Facilities Act of 1998 or any funds from any future state school bond that involves a projected expenditure of one million dollars ($1,000,000) or more must be pre‐qualified. For purposes of Public Contract Code Section 20111.6 and public projects that fall within its purview, the term “bidders” include General Contractors, and if utilized, all mechanical, electrical, and plumbing Sub‐Contractors. In order to submit a valid bid for any project requiring prequalification, prospective bidders, Contractors and Subcontractors1, that require to be prequalified must submit a prequalification questionnaire, financial statements and any additional required documentation, at least ten (10) business days prior to the date fixed for the public opening of sealed bids or have been prequalified for at least five (5) business days prior to that date. No bid will be accepted from a Contractor that has failed to comply with these requirements and no subcontractors will be permitted to perform such work on the project if subcontractor has failed to comply with these requirements. If two or more business entities submit a bid on a project as a Joint Venture, or expect to submit a bid as part of a Joint Venture, each entity within the Joint Venture must be separately prequalified to bid. Contractors and Subcontractors are encouraged to submit prequalification questionnaires packets as soon as possible so that they may be prequalified well in advance of upcoming projects. Prequalification questionnaire packets may be submitted at any time or as required per the bid. They are to be submitted one‐sided, unbound and in a seal envelope marked “CONFIDENTIAL” and delivered to: (Electronic submissions will NOT be accepted) LONG BEACH UNIFIED SCHOOL DISTRICT FACILITIES DEVELOPMENT AND PLANNING ATTN: CONTRACTS DEPARTMENT 2425 WEBSTER AVENUE LONG BEACH, CA 90810 Prequalification status will mailed via US first class mail no later than 15 business days after submission.
1 Mechanical, electrical and plumbing subcontractors are contractors holding C4, C7, C10, C16, C20, C34, C36, C38, C42, C43 and C46 licenses.
The following items are required to be submitted with the completed prequalification questionnaire packet and are used as the basis of rating Contractors and Subcontractors with respect to who is prequalified to bid with Long Beach Unified School District.
• Notarized Statement from Surety indicating current bonding capacity on an aggregate and per project limit
• Reviewed or Audited Financial Statements with accompanying notes and supplemental information for the past two (2) years and the signed Accountant certificate
• General liability insurance certificate • Workers Compensation insurance certificate and verification of five (5) years of coverage
Contractors seeking prequalification as a subcontractor will need to submit a letter with their completed prequalification questionnaire packet indicating their intent to only be a subcontractor. All questions must be answered by both Contractors and Subcontractors except responses to Part 1 questions 5 and Part II D questions 14, 15 and 16 will not be used as part of the rating process for Subcontractors only but are still required to be answered. Each prequalification questionnaire must be signed under penalty of perjury in the manner designated at the end of the questionnaire, by an individual who has the legal authority to bind the Contractor or the Subcontractor on whose behalf that person is signing. If any information provided by a Contractor or Subcontractor becomes inaccurate, the Contractor or Subcontractor must immediately notify the Long Beach Unified School District and provide updated accurate information in writing, under penalty of perjury. Prequalification approval will remain valid for one (1) calendar year from the date of notice of prequalification, except, Long Beach Unified School District reserves the right during that calendar year to adjust, increase, limit, suspend or rescind the prequalification ratings based on subsequently learned information and after giving notice of the proposed action to the Contractor or Subcontractor and an opportunity for a hearing consistent with the hearing procedures described below for appealing a prequalification determination. Prequalification questionnaire packets and all additional documentation that is submitted to the District are not public records and are not open to public inspection. All information provided will be kept confidential to the extent permitted by law, although the contents may be disclosed to third parties for the purpose of verification, investigation of substantial allegations, and in the process of an appeal hearing. State law requires that the names of Contractors and Subcontractors applying for prequalification status shall be public records subject to disclosure, and the first page of the questionnaire will be used for that purpose. Long Beach Unified School District reserves the right to waive minor irregularities and omissions in the information contained in the prequalification questionnaire submitted, to make all final determinations, and to determine at any time that the pre‐qualification procedures will not be applied to a future public works project. A Contractor/Subcontractor who has submitted a completed prequalification questionnaire, and who receives a rating of “not qualified” from the District may appeal that determination. There is no appeal from a finding that a Contractor/Subcontractor is not prequalified due to failure to
submit required information/documentation. Contractor/Subcontractor will need to resubmit a prequalification questionnaire packet. Any Contractor/Subcontractor may appeal the decision by the District related to the Contractor’s/Subcontractor’s request for prequalification, and request a hearing, by giving notice to the District no later than 10 business days after receipt of notice of its prequalification status. Unless a Contractor/Subcontractor files a timely written appeal, the Contractor/Subcontractor waives any and all rights to challenge the prequalification decision of Long Beach Unified School District, whether by administrative process, judicial process or any other legal process or proceeding. If a Contractor/Subcontractor gives the required notice of appeal and requests a hearing, the hearing shall be conducted so that it is concluded no later than 10 business days after Long Beach Unified School District’s receipt of such notice of appeal. The hearing so provided shall be an informal process conducted by a panel to which the District’s Board of Trustees has delegated responsibility to hear such appeals (the “Appeals Panel”). At or prior to the hearing, the Contractor/Subcontractor will be advised of the basis for Long Beach Unified School District’s prequalification determination. The Contractor/Subcontractor will be given the opportunity to present information and present reasons in opposition to the prequalification determination. At the conclusion of the hearing or no later than three (3) days after completion of the hearing, the Appeals Panel will render its decision. The date for submission and opening of bids for a specific project will not be delayed or postponed to allow for completion of an appeal process.
Note: A Contractor/Subcontractor may be found not prequalified for bidding on a specific public works contract to be let by Long Beach Unified School District, or on all contracts to be let by Long Beach Unified School District until the Contractor meets the District’s requirements. In addition, a Contractor may be found not pre‐qualified for either:
(1) Omission of requested information or (2) Falsification of information Note: Prequalification under these documents shall not confer prequalification status to a contractor on any projects requiring prequalification under Public Contract Code section 20111.5.
Please note where mechanical, electrical, and plumbing subcontractors must meet prequalification requirements, general contractors will be required to specify subcontractors who have already been prequalified with the District or, if the Contractor intends on using a mechanical, electrical, and/or plumbing subcontractor who is not on the District’s prequalified list, then such Contractor must ensure that its mechanical, electrical, and/or plumbing subcontractor(s) have submitted a prequalification questionnaire to the District as required by this Notice and are prequalified with the District in accordance with the timelines and procedures applicable to all bidders.
While it is the intent of the prequalification questionnaire and documents required therewith to assist Long Beach Unified School District in determining bidder responsibility prior to the submission of bids and to aid the District in selecting the lowest responsible bidder, neither the fact of prequalification, nor any prequalification rating, will preclude the District from a post‐bid consideration and determination on a specific project of whether a Bidder has the quality, fitness, capacity and experience to satisfactorily perform the proposed work, and has demonstrated the requisite trustworthiness. Contractors are encouraged to submit pre‐qualification packages as soon as possible, so that they may be notified of pre‐qualification status well in advance of upcoming projects. The Long Beach Unified School District reserves the right to check other sources available. The District’s decision will be based on objective evaluation criteria.
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PREQUALIFICATION QUESTIONNAIRE
CONTACT INFORMATION
Contractor: ________________________________________________________________ (as it appears on license) Check one of the following:
Corporation Partnership Sole Proprietorship Joint Venture
Contact Person: Address (City, State, Zip): Phone: Fax: Email: _________________________ Company Website: ______________________ Contractor’s License Number(s) and Types (Please include expiration date): Tax ID Number _____________________________________________________________ If firm is a sole proprietor or partnership: Owner(s) of Company Company Union Status: Union Non-Union Minority Status: MBE DBE DVBE SBE DBE Other Minority Certification:
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PREQUALIFICATION QUESTIONNAIRE PART I. ESSENTIAL REQUIREMENTS FOR QUALIFICATION
Contractor will be immediately disqualified if they answer “no” to questions 1 through 5.1
Contractors seeking prequalification as a subcontractor only: You must respond to all questions, however your response to Part I, Question Number 5 and Part II D, Questions Number 14, 15 and 16 will not be rated.
Contractor will be immediately disqualified if they answer “yes” to questions 6, 7, 8 or 9.2 If the answer to question 8 is “yes,” and if debarment would be the sole reason for denial of prequalification, any prequalification issued will exclude the debarment period.
1. Contractor possesses a valid and current California Contractor’s license for the project(s) for
which it intends to submit a bid. Yes No 2. Contractor has a liability insurance policy with a policy limit of at least $1,000,000 per
occurrence and $2,000,000 aggregate. Yes No (Must provide a current Certificate of Insurance as verification) 3. Contractor has current workers’ compensation insurance policy as required by the Labor
Code or is legally self-insured pursuant to Labor Code section 3700 et. seq. Yes No Exempt from this requirement, no employees
(Must provide a current Certificate of Insurance as verification)
4. Have you attached copies of reviewed or audited financial statements for the past two (2)
full fiscal years with accompanying notes and supplemental information. Yes No
NOTE: Financial statement that is not either reviewed or audited is not acceptable. A letter verifying availability of a line of credit may also be attached; however, it will be considered as supplemental information only, and is not a substitute for the required financial statement.
1 A “no” answer to Question 4 will not be disqualifying if the contractor is exempt from complying with
Question 4, for reasons explained in footnote 3. 2 A contractor disqualified solely because of a “Yes” answer given to question 6, 7, or 9 may appeal the
disqualification and provide an explanation of the relevant circumstances during the appeal procedure. 3 Public Contract Code section 20101(e) exempts from this requirement a contractor who has qualified as a
small business pursuant to Government Code section 14837(d)(1), if the bid is “no more than 25 percent of the qualifying amount provided in section 14837(d)(1).” As of August 12, 2013, the qualifying amount is $10 million, and 25 percent of that amount, therefore, is $2.5 million.
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5. Have you attached a notarized statement from an admitted surety insurer (approved by the
California Department of Insurance) and authorized to issue bonds in the State of California, which states: (a) that your current bonding capacity is sufficient for the project for which you seek prequalification or (b) your current available bonding capacity?
Yes No NOTE: Notarized statement must be from the surety company, not an agent or broker. Contractors seeking prequalification as a subcontractor only: You must respond to this question, however you will not be rated according to your response. An additional notarized statement from the surety may be requested by Long Beach Unified School District at the time of submission of a bid, if this prequalification package is submitted more than 60 days prior to submission of the bid.
6. Has your contractor’s license been revoked at any time in the last five (5) years? Yes No 7. Has a surety company completed a contract on your behalf, or paid for completion because
your company was default terminated by the project owner within the last five (5) years? Yes No 8. At the time of submitting this prequalification form, is your company ineligible to bid on or
be awarded a public works contract, or perform as a subcontractor on a public works contract, pursuant to either Labor Code section 1777.1 or Labor Code section 1777.7?
Yes No If the answer is “Yes,” state the beginning and ending dates of the period of debarment: 9. At any time during the last five (5) years, has your company, or any of its owners or officers
been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance of a government contract?
Yes No
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PREQUALIFICATION QUESTIONNAIRE
PART II. ORGANIZATION, HISTORY, ORGANIZATIONAL PERFORMANCE, COMPLIANCE WITH CIVIL AND CRIMINAL LAWS
A. Current Organization and Structure of the Business For Companies that are Corporations: 1a. Date incorporated: 1b. Under the laws of what state? 1c. Provide all the following information for each person who is either (a) an officer of the
corporation (president, vice president, secretary, treasurer), or (b) the owner of at least 10 percent of the corporation’s stock.
Name Position Years with Co. % Ownership 1d. Identify all construction companies that any person listed above has been associated with (as
owner, general partner, limited partner or officer) at any time during the last five (5) years. NOTE: For this question, “owner” and “partner” refer to ownership of 10 percent or more of the business, or 10 percent or more of its stock, if the business is a corporation.
Person’s Name
Construction Company
Dates of Person’s Participation with Company
For Companies that are Partnerships: 1a. Date of partnership was formed: __________________ 1b. Under the laws of what state? __________ 1c. Provide all the following information for each partner who owns 10 percent or more of the
partnership. Name Position Years with Co. % Ownership
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1d. Identify all construction companies that any partner has been associated with (as owner, general partner, limited partner or officer) at any time during the last five (5) years. NOTE: For this question, “owner” and “partner” refer to ownership of 10 percent or more of the business, or 10 percent or more of its stock, if the business is a corporation.
Person’s Name
Construction Company
Dates of Person’s Participation with Company
For Companies that are Sole Proprietorships: 1a. Date of commencement of business. 1b. Social security number of company owner. (Name of Owner) 1c. Identify all construction companies that the business owner has been associated with (as
owner, general partner, limited partner or officer) at any time during the last five (5) years. NOTE: For this question, “owner” and “partner” refer to ownership of 10 percent or more of the business, or 10 percent or more of its stock, if the business is a corporation.
Person’s Name
Construction Company
Dates of Person’s Participation with Company
For Companies That Intend to Make a Bid as Part of a Joint Venture: 1a. Date of commencement of Joint Venture. 1b. Provide all of the following information for each company that is a member of the joint
venture that expects to bid on one or more projects: 1c. Name of Joint Venture.
Name of Companies % Ownership of Joint Venture
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B. History of the Business and Organizational Performance 2. How many years have your company completed work for public agencies? Years: _______ 3. Has your company ever been licensed in California under a different name or different
license number? Yes No
If “yes,” please list all name(s) and license number(s), on a separate signed sheet of paper.
4. Are you currently prequalified with other school district?
Yes No If yes, please identify the school district(s), with contact information and the dollar rating, if any, that you have been prequalified for, on a separate signed sheet of paper.
5. Has there been any change in ownership of the company at any time during the last three (3)
years? NOTE: A corporation whose shares are publicly traded is not required to answer this question.
Yes No Publically traded corporation If “yes,” explain on a separate signed sheet of paper. 6. Is the company a subsidiary, parent company, holding company or affiliate of another
construction company? NOTE: Include information, including license number(s), about other companies if
one company owns 50 percent or more of another, or if an owner, partner, or officer of your companies holds a similar position in another company.
Yes No If “yes,” explain on a separate signed sheet of paper. Please include all name(s) and license
number(s) stated above.
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7. Are any corporate officers, partners or owners connected to any other construction
companies? NOTE: Include information about other companies if an owner, partner, or officer of
your company holds a similar position in another company. Yes No If “yes,” explain on a separate signed sheet of paper. List your company’s gross revenues for the last three (3) years: Year: $ Year: $ Year: $ 8. How many years has your company been in business in California as a contractor under
your present business name and license number? Years 9. Is your company currently the debtor in a bankruptcy case? Yes No
If “yes,” please attach a copy of the bankruptcy petition, showing the case number, and the date on which the petition was filed.
10. If your company is not currently in bankruptcy, was your company in bankruptcy at any time during the last five (5) years?
Yes No
If “yes,” please attach a copy of the bankruptcy petition, showing the case number and the date on which the petition was filed, and a copy of the Bankruptcy Court’s discharge order, or of any other document that ended the case, if no discharge order was issued.
11. In what type of construction do you specialize?: _________________________________
What was the largest amount of work completed in one year: _______________________
Number of projects: _______ Year:________ Amount of Largest Project:__________
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C. Licenses
List all license numbers, classifications and expiration dates of the California contractor licenses held by your company:
________________________________________________ ________________________________________________ If any of your company license(s) are held in the name of a corporation or partnership, list
below the names of the qualifying individual(s) listed on the California State license Board (CSLB) records who meet(s) the experience and examination requirements for each license.
________________________________________________ _________________________________________________ 11. Has your company changed names or license number in the past five (5) years? Yes No
If “yes,” explain on a separate signed sheet of paper, including the reason for the change.
12. Has any owner, partner or officer (for corporations) of your company operated a construction company under any other name in the last five (5) years?
Yes No
If “yes,” explain on a separate signed sheet of paper, including the reason for the change.
13. Has any California State License held by your company or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended within the last five (5) years?
Yes No If “yes,” please explain on a separate signed sheet of paper. D. Surety and Bonding Information
Bonding capacity: Please provide a notarized letter stating bondability from current
surety company. Also, please provide documentation from your surety (not agency) identifying the following:
Note: Contractors seeking prequalification as a subcontractor must respond to questions number 14, 15 and 16, but will not be rated on these questions. Name of bonding company/surety: ____________________________________
Name of surety agent/contact person, address and telephone number:
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14. If your company was required to pay a premium of more than one (1) percent for a
performance and payment bond on any project(s) on which your company worked at any time during the last three (3) years, state the percentage that your company was required to pay. You may provide an explanation for a percentage rate higher than 1 percent, if you wish to do so.
List all other sureties, not agencies (name, contact person, full address, phone number,
largest bond obtained) that have written bonds for your company during the last five (5) years, including the dates during which each wrote the bonds (If necessary, list on separate signed sheet of paper):
15. During the last five (5) years, has your company ever been denied bond coverage by a surety company, or has there ever been a period of time when your company had no surety bond in place during a public construction project when one was required?
Yes No If yes, provide details on a separate signed sheet of paper indicating the dates when your company was denied coverage and the name of the company(s) which denied coverage; and the period during which you had no surety bond in place.
16. At any time during the past five (5) years, has any surety company made any payments on your firm’s behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your company’s behalf, in connection with a construction project, either public or private?
Yes No
If “yes,” explain on a separate signed sheet of paper the amount of each claim, the name and telephone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of resolution of claim if resolved, the method by which was resolved if resolved, the nature of the resolution and the amount, if any, at which the claim was resolved.
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17. Has your company ever failed to complete a contract?
Yes No If “yes,” explain on a separate signed sheet of paper.
How many projects is your company currently bonded for? __________________ List below contract amounts that your company is currently bonded for:
18. How long have you been with your current insurance company? _________________________ If less than two (2) years, please list prior insurance companies below:
Insurance Company Address Phone Contact Person Year(s) Dates
19. In the last five (5) years has any insurance carrier, for any form of insurance, refused to
renew the insurance policy for your company? Yes No
If “yes,” explain on a separate signed sheet of paper. Name of the insurance carrier, the form of insurance and the year of refusal.
20. Has your company ever had insurance terminated by a carrier in the past five (5) years due
to an excessive claims history and/or nonpayment of premium? Yes No
If “yes,” explain on a separate signed sheet of paper. Name of the insurance carrier, the form of insurance, and year of termination.
F. Safety Program & Workers’ Compensation Each bidder shall submit a copy of the bidder’s established safety/injury prevention program which complies with the Contract Documents and all applicable governmental regulations. After determination of the successful bidder, its subcontractors must submit a copy of their respective safety/injury prevention programs within five (5) days of the District’s request. If the bidder and/or its subcontractors have not established a safety/injury prevention program, the bidder and/or its subcontractors agree to implement a mutually agreed upon Project Safety Plan prepared by the District, taking into account the bidder’s experience, expertise, existing labor agreements relating to safety issues and any unique safety issues relating to the project. If the bidder and/or its subcontractors have established a safety/injury prevention program, but the District determines it does not comply with the Contract Documents, all applicable governmental regulations, or is deficient for any reason whatsoever, the bidder and/or its subcontractors agree to implement a mutually agreed upon Project Safety Plan prepared by the District.
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Bidder: ________________________________________ Signature: ______________________________________ By: ___________________________________________ Date: __________________________________________ Each bidder shall submit its workers’ compensation experience modification factor. After determination of the successful bidder, its subcontractors must submit their workers compensation modification factor within five (5) days of District’s request. 21. List your company’s Experience Modification Rate (EMR) (California Workers’
Compensation Insurance) for the past three (3) years: 1st Year (Current Year): _______________ 2nd Year (Previous Year): _______________ 3rd Year (Year Prior to Previous Year): _______________ If your EMR for any of these three (3) years is or was 1.24 or higher you may, if you wish,
attach a letter of explanation. 22. Within the last five (5) years has there ever been a period when your company had
employees but was without workers’ compensation insurance or state-approved self-insurance?
Yes No If “yes,” please explain the reason for the absence of workers’ compensation insurance on a separate signed sheet of paper. If “No,” please provide a statement by your current workers’ compensation insurance carrier that verifies periods of workers’ compensation insurance coverage for the last five (5) years or for how long your company has been in business if less than five (5) years.
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G. Compliance with Occupational Safety and Health (OSHA) Laws and with Other
Labor Legislation Safety Each bidder, and its subcontractors, must declare any serious or willful violations of Part 1
(commencing with Section 6300) of Division 5 of the California Labor Code received during the last five (5) years. This information must include all construction work undertaken in the United States by the bidder and any affiliate of the bidder. Separate information shall be submitted for each particular partnership, joint venture, corporation, Limited Liability Company (LLC) or individual bidder or subcontractor. The bidder or its subcontractors may be requested to submit additional information or explanation of data, which District may require for evaluating the safety record. The term “affiliate” shall mean any company, corporation, partnership, joint venture, limited liability company or association which is a member, joint venture or partner of the bidder, or any such entity which owns a substantial interest in, or is owned in common with, the bidder, its subcontractor or any of its members, joint ventures or partners, or any such entity in which the bidder, its subcontractor, or any of their members, joint venturers or partners own a substantial interest.
23. Has your company ever received a serious or willful safety violation during the last five (5)
years? Yes No
If “yes,” attached a separate signed sheet of paper describing the violation, including information about the dates, the nature of the violation, the project on which the citation(s) was or were issued and the amount of penalty paid, if any.
24. Has CAL OSHA cited and assessed penalties against your company for any “serious,” “willful” or “repeat” violations of its safety or health regulations in the past five (5) years? NOTE: If you have filed an appeal of a citation, and the OSHA Appeals Board has not yet ruled on your appeal, you need not include information about it.
Yes No If “yes,” attached a separate signed sheet of paper describing the citations, including information about the dates of the citations, the nature of the violation, the project on which the citation(s) was or were issued and, the amount of penalty paid, if any. If the citation was appealed to the Occupational Safety and Health (OSHA) Appeals Board and a decision has been issued, state the case number and the date of the decision.
25. Has the federal Occupational Safety and Health Administration cited and assessed
penalties against your company in the past five (5) years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation.
Yes No
If “yes,” attach a separate signed sheet of paper describing each citation.
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26. Has the Environmental Protection Agency (EPA) or any Air Quality Management
District (AQMD)or any Regional Water Quality Control Board (RWQCB) or any local authorities cited and assessed penalties against either your company or the owner of a project on which your company was the contractor, in the past five (5) years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation.
Yes No If “yes,” attach a separate signed sheet of paper describing each citation. 27. How often do you require documented safety meetings to be held for construction
employees and field supervisors during the course of a project? Daily ______ Weekly ________ Quarterly ________ Other__________________ 28. How often do you conduct documented safety inspections on a construction site? Daily ______ Weekly ________ Quarterly ________ Other__________________ 29. Does your company currently have a safety plan which complies with the current OSHA
standards? Yes No
30. Have any of your subcontractors you retained ever received a serious or willful industrial
safety violation durign the last five (5) years? Yes No
If “yes,” attach a separate signed sheet of paper listing each subcontractor, its license number and provide a brief explanation of the violation.
H. Prevailing Wage and Apprenticeship Compliance Record 31. Has there been more than one (1) occasion during the last five (5) years in which your
company was required to pay either back wages or penalties for your own company’s failure to comply with the state’s prevailing wage laws? NOTE: This question refers only to your own company’s violation of prevailing wage laws, not to violations of the prevailing wage laws by any subcontractor.
Yes No If ”yes,” attach a separate signed sheet of paper, describing the nature of each violation,
identifying the name of the project, the start date and date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay.
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32. During the last five (5) years, has there been more than one (1) occasion in which your own company has been penalized or required to pay back wages for failure to comply with the federal Davis-Bacon prevailing wage requirements? Yes No
If “yes,” attach a separate signed sheet of paper, describing the nature of the violation, identifying the name of the project, the start date and date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid, the amount of back wages you were required to pay along with the amount of any penalty paid.
33. Provide the name, address and telephone number of the California apprenticeship council approved apprenticeship program from whom you intend to request the dispatch of apprentices to your company for use on any public works project for which you are awarded a contract by our District.
Trade does not require apprenticeships 34. If your company operates its own State-approved apprenticeship program:
(a) Identify the craft or crafts in which your firm provided apprenticeship training in the past year.
(b) State the year in which each such apprenticeship program was approved, and attach evidence of the most recent California Apprenticeship Council approval(s) of your apprenticeship program(s).
(c) State the number of individuals who were employed by your company as apprentices at any time during the past three (3) years in each apprenticeship and the number of persons who, during the past three (3) years, completed apprenticeships in each craft while employed by your company.
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35. At any time during the last five (5) years, has your company been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works?
NOTE: You may omit reference to any incident that occurred prior to January 1, 1998, if the violation was by a subcontractor and your company, as the general contractor on a project, had no knowledge of the subcontractor’s violation at the time it occurred.
Yes No
If “yes,” provide the date(s) of such findings, and attach copies of the Department’s final decision(s)
I. Disputes 36. At any time in the last five (5) years has your company been assessed and paid liquidated
damages after completion of a project under a construction contract with either a public or private owner?
Yes No If yes, explain on a separate signed sheet of paper, identifying all projects by owner, owner’s address, the date of completion of the project, amount of liquidated damages assessed and all other information necessary to fully explain the assessment of liquidated damages.
37. In the last five (5) years has your company, or any company with which any of your
company’s owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason? NOTE: “Associated with” refers to another construction company in which an owner, partner or officer of your company held a similar position, and which is listed in response to question 1c or 1d questionnaire Part II.
Yes No If “yes,” explain on a separate signed sheet of paper. State whether the company involved was the company applying for prequalification here or another company. Identify by name of the company, the name of the person within your company who was associated with that company, the year of the event, the owner of the project, the project and the basis for the action.
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38. In the last five (5) years has your company been denied an award of a public works contract
based on a finding by a public agency that your company was not a responsible bidder? Yes No
If “yes,” explain on a separate signed sheet of paper. Identify the year of the event, the owner, the project and the basis for the finding by the public agency.
* * * * *
NOTE: The following two questions refer only to disputes between your company and the owner of a project. You need not include information about disputes between your company and a supplier, another contractor, or subcontractor. You need not include information about “pass-through” disputes in which the actual dispute is between a subcontractor and a project owner. Also, you may omit reference to all disputes about amounts of less than $50,000. 39. In the past five (5) years has any claim against your company concerning your company’s
work on a construction project in California been filed in court or arbitration? Yes No
If “yes,” on separate signed sheets of paper identify the claim(s) by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution).
40. In the past five (5) years has your company made any claim against a project owner concerning work on a project in California or payment for a contract in California and filed that claim in court or arbitration?
Yes No If “yes,” on separate signed sheets of paper identify the claim by providing the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution).
J. Criminal Matters and Related Civil Suits
41. Has your company or any of its owners, officers or partners ever been found liable in a
civil suit or found guilty in a criminal action for making any false claim or material misrepresentation to any public agency or entity?
Yes No If “yes,” explain on a separate signed sheet of paper, identifying who was involved, the name of the public agency, the date of the investigation and the grounds for the finding.
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42. Has your company or any of its owners, officers or partners ever been convicted of a crime
involving any federal, state, or local law related to construction? Yes No
If “yes,” explain on a separate signed sheet of paper, identifying who was involved, the name of the public agency, the date of the conviction and the grounds for the conviction.
43. Has your company or any of its owners, officers or partners ever been convicted of a federal
or state crime of fraud, theft, or any other act of dishonesty? Yes No
If “yes,” identify on a separate signed sheet of paper the person(s) convicted, the court (the county if a state court, the district or location of the federal court), the year and the criminal conduct.
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PREQUALIFICATION QUESTIONNAIRE
PART III. FINANCIAL INFORMATION
Audited or reviewed statements are required with a certificate.
(A certificate of a licensed accountant will be required in all cases) 1. COMPLETE THIS CERTIFICATE
FOR AN AUDIT OF FINANCIAL STATEMENT STATE OF: ______________________ We have examined the Financial Statement of________________________________________ as of _____________________. Our examination was made in accordance with generally accepted auditing standards, and accordingly included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. In our opinion, the accompanying financial statement included on pages _____ to ____, inclusive, sets forth fairly, in all material respects, the financial condition of ___________________________________ as of ________________, in conformity with generally accepted accounting principles. _____________________________ ________________________________ (Printed / Name of Company) (Accountant Signature) _____________________________ ________________________________ (Telephone Number) (License Number)
Special Note to Accountant: The above Certificate of Accountant shall not be made by any individual who is in the regular employ of the individual, partnership or corporation submitting the statement; nor by any individual who is a member of the company with more than 10 percent financial interest.
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PREQUALIFICATION QUESTIONNAIRE
PART III. FINANCIAL INFORMATION
Audited or reviewed statements are required with a certificate.
(A certificate of a licensed accountant will be required in all cases) 1. COMPLETE THIS CERTIFICATE
FOR A REVIEW ONLY OF FINANCIAL STATEMENT STATE OF: ______________________ We have reviewed the accompanying Financial Statement of ________________________________________ as of _____________________. The information included in the financial statement is the representation of the management of the above firm. Based on our review with the exception of the matter(s) described in the following paragraph(s), we are not aware of any material modifications that should be made to the accompanying financial statement in order for them to be in conformity with generally accepted accounting principles. _____________________________ ________________________________ (Printed / Name of Company) (Accountant Signature) _____________________________ ________________________________ (Telephone Number) (License Number) (NOTE THIS REVIEW CONSISTS PRINCIPALLY OF INQUIRIES OF MANAGEMENT AND APPROPRIATE ANALYTICAL PROCEDURES APPLIED TO THIS FINANCIAL DATA. IT IS SUBSTANTIALLY LESS IN SCOPE THAN AN EXAMINATION IN ACCORDANCE WITH GENERALLY ACCEPTED AUDITING STANDARDS, THE OBJECTIVE OF WHICH IS THE EXPRESSION OF AN OPINION REGARDING THE FINANCIAL STATEMENTS TAKEN AS A WHOLE. ACCORDINGLY, WE HAVE NOT EXPRESSED SUCH AN OPINION.) Special Note to Accountant: The above Certificate of Accountant shall not be made by any individual who is in the regular employ of the individual, partnership or corporation submitting the statement; nor by any individual who is a member of the company with more than 10 percent financial interest.
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PREQUALIFICATION QUESTIONNAIRE
ACCOUNTANT’S RELEASE LETTER By signing the form below, I authorize the Long Beach Unified School District to contact our company’s licensed accounting firm to verify our most recent audited or reviewed financial statement. I understand the financial statement is confidential information and is not open to public inspection. ______________________________________________________________________________
Printed Name / Title ______________________________________________________________________________
Company Name ______________________________________________________________________________
Date
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PREQUALIFICATION QUESTIONNAIRE
PREQUALIFICATION STATEMENT FOR
LONG BEACH UNIFIED SCHOOL DISTRICT Each prospective bidder must have a current and active license at the time of the award and must submit the following information on this form. Bidder must also complete and submit with this questionnaire the attached “Contractor’s Statement of Experience and Financial Conditions.” If necessary, bidder may attach supplemental information as a separate package.
DECLARATION I, __________________________________________(printed name) hereby declare that I am the ___________________________________(title) of ___________________________(Company Name) submitting this Prequalification Statement; that I am duly authorized to execute this Prequalification Statement on behalf of the above-named company; and that all information set forth in this Prequalification Statement and all attachments hereto are, to the best of my knowledge, true, accurate, and complete as of its submission date. I acknowledge that any false statements, inaccuracies or failure to disclose are grounds for disqualification. In executing this Declaration, I hereby permit the Long Beach Unified School District to contact any owner, school district, contractor, subcontractor, supplier or any other party that the District deems relevant for purposes of verifying or gathering any information necessary to complete the evaluation of this prequalification submittal. I declare, under penalty of perjury, that the foregoing is true and correct and that this declaration was Subscribed at ______________________________________ (location and city), County of _______________________________________, State of ______________________________, on __________________________(date). ___________________________________ (Signature) (If signed by other than the sole proprietor, a general partner, or corporate officer, attach original notarized power of attorney or corporate resolution.)
All information submitted for prequalification evaluation will be considered official information acquired in confidence and the District will maintain its confidentiality to the extent permitted by law.
