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No Money to Pay to Replace Out of Print Math Books for Every High School Student... CUSD Spends $21,800 to Produce "Classified Employees of the Year Film"
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May 23, 2018 CUSD BOT Meeting Agenda Item #6 INDEPENDENT CONTRACTOR, PROFESSIONAL SERVICES, FIELD SERVICE AND MASTER SERVICE CONTRACT AGREEMENTS at page 143
Board Audio at 1:22
THE PUBLIC DID NOT PULL ANY CONSENT ITEMS.
All of the Special Education Funding Contracts were passed on the Consent Calendar without Trustee Discussion.
Board Audio at 1:25
Motion to approve the balance moved by Trustee Jones
Second by Patricia Holloway
Motion Passes 7-0
Board Policy 3300(a) Expenditures/Expending Authority was changed on April 13, 2016
At Issue: The People elect Trustees to represent the interests of taxpayers and students in all matters before the Board. When Trustees delegate the authority to enter into contracts PRIOR to Board approval then "Board Approval" becomes nothing more than a "Rubber Stamp". Unfortunately Staff has been executing all kinds of contracts - completing the work and then "After-the-Fact asking Trustees to "Rubber Stamp" these contracts even if these contracts resulted in the Gifting of Public Assets or the entry into illegal or questionable contracts. The effect of this Policy is to usurp the Power of Trustees to honor their fiduciary duty to students and the Public because it places Trustees in te Position of having to ratify a contract and honor the contract or face a breach of contract situation, even if the contract is not in the best interest of students or taxpayers.
If Trustees are to honor their FIDUCIARY DUTY to taxpayers and students, they must have the power to review contracts before they are entered into and therefore have the ability to protect students and taxpayers with a "NO" vote.
The current policy allows staff to conduct business in a manner that is harmful to students and taxpayers and forces Trustees to Breach their fiduciary duty.
The original policy stated:
"The Governing Board authorizes the Superintendent or designee to purchase supplies, materials and equipment, conduct routine repair, enter into service agreements and contracts below the bid limits for work to be done in accordance with state law. However, no contract made by a designated employee is valid or enforceable unless it has been approved or ratified by the Governing Board. Such purchases shall not exceed the limits imposed by law. All such transactions shall be reviewed by the Board every 60 days. (Education Code 17605)
The new policy states:
The Board of Trustees recognizes its fiduciary responsibility to oversee the prudent expenditure of District funds. In order to best serve District interests, the Superintendent or designee shall develop and maintain effective purchasing procedures that are consistent with sound financial controls and that ensure the District receives maximum value for items purchased. He/she shall ensure that records of expenditures and purchases are maintained in accordance with law. (cf. 3000 - Concepts and Roles) (cf. 3100 - Budget) (cf. 3350 - Travel Expenses) (cf. 3400 - Management of District Assets/Accounts) (cf. 3460 - Financial Reports and Accountability) (cf. 9270 - Conflict of Interest) Expending Authority The Superintendent or designee may purchase supplies, materials, apparatus, equipment, and services up to the amounts specified in Public Contract Code 20111, beyond which a competitive bidding process is required. The Board shall not recognize obligations incurred contrary to Board policy and administrative regulations. (cf. 3311 - Bids) (cf. 3312 - Contracts) The Board shall review all transactions entered into by the Superintendent or designee on behalf of the Board every 60 days. (Education Code 17605) The Superintendent or designee may authorize an expenditure which exceeds the budget classification allowance against which the expenditure is the proper charge only if an amount sufficient to cover the purchase is available in the budget for transfer by the Board. (cf. 3110 - Transfer of Funds)
The Board; by agreeing to this policy, has breached its fiduciary duty to student and taxpayers by allowing Staff and the Superintendent to enter into and execute Contracts PRIOR to Board Approval.
The Staff has demonstrated repeatedly that it does not; "maintain effective purchasing procedures that are consistent with sound financial controls and that ensure the District receives maximum value for items purchased", and in fact has entered into land purchase agreements on the Consent Calendar without a price that resulted in the gifting of $13 million dollars to Rancho Mission Viejo in the purchase of the Esencia K-8 School Site just to name one of the most egregious examples.
See: CUSDWatch: Complaint to Orange County District Attorney CUSD's Purchase of Esencia K-8 that resulted in the Gifting of 413 million in Taxpayer Dollars
A review of the contracts below will show that CUSD Staff does not adhere to the 60 day review period and in fact most contracts are completed before they ever come before the board as is evidence by the Districts employment contract with Interim Superintendent Burch and his wife's company Quantum Dynamics- what appears to be a shame company used to pay Doctor Burch without disclosing total District payments made to Doctor Burch.
See:
May 23, 2018 CUSD BOT Meeting Agenda Item #30 MASTER SERVICE AGREEMENT - QUANTUM EDUCATION DYNAMICS
CUSDWatch Article: CUSD Chief Communications Officer Responded to Article about Tesoro High School Nepotism
CUSDWatch Article: CUSD Responds to a Second Request for Information on Interim Tesoro Principal Dr. Burch
At the May 23, 2018 CUSD BOT Meeting staff entered into the following agreements that were approved (after the fact in most cases) to be paid for out of Special Education Funds.
The following contracts should be pulled and reviewed:
Contract: PSA 1718246 "Kids-Fit"ness Physical Therapy
This Contract Should have been pulled by Trustees - The Contract Name is incorrect it should be a contract with Christy Marilo or Christy Marlo dba Kids Fitness Physical Therapy. Kids Fitness Physical Therapy appears not to be in business any more, but Christy Marilo is a licensed Physical Therapist.
Contract: ICA 1617275 Juli Kim Dixon
This Contract Should have been pulled by Trustees - Funding is Teacher Effectiveness Grant, Not Special Ed
Contract: PSA 1718046 Wertheimer-Gale & Associates
This Contract Should have been pulled by Trustees - The Agreement is not included in the Board Agenda
Contract: PSA 1718064 Hear Now
This Contract Should have been pulled by Trustees - The Estimated Expenditures should read $7,500 not $3,500.
*Note Is District Staff confusing Wertheimer-Gale & Associates with Hear Now- the Wertheimer-Gale & Associates Contract has NO SUPPORTING DOCUMENTATION in the May 23 Agenda and it increase the contract by an amount of$7,500 Where as the Hear Now contract is suppose to increase by the identical amount of $7,500 but is listed as an increase of $3,500.
These four Items need to be reviewed by Trustees for accuracy and brought back if they are NOT accurate.
Trustees need to change this Policy to ensure they receive Contracts for approval BEFORE they are entered into and the work has been started.
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Function Junction Provide physical therapy services for District students Fee $95 per treatment + travel time New Contract Board Agenda page 147 Contract: PSA 1718236 Contract Period: 1-1-18 to 6-30-18 Amount: $5,000 |
Brent M Cooper dba El Paseo Children's Center Provide independent educational evaluations in the area of psychoeducational assessments for District students Fee $6,000 per evaluation New Contract Board Agenda page 166 Contract: PSA 1718240 Contract Period: 4-2-18 to 6-30-18 Effective Date 5-24-18 Amount $6,000 |
Western Youth Services Provide counseling and guidance services to District students and parent counseling and training Fee $120 per hour New Contract Board Agenda page 169 Contract: MCA 1718241 Contract Period: 4-1-18 to 6-30-18 Effective Date 7-1-17 Amount $5,000 |
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Children's Learning Connection, LCC Provide behavior intervention implementation direct service and clinical supervision to District students Fee: $51 - $98 per hour New Contract Board Agenda page 194 Contract: MCA 1718245 Contract Period: 4-15-18 to 6-30-18 Amount: $15,000 |
This Contract Should have been pulled by Trustees - The Contract Name is incorrect it should be a contract with Christy Marilo or Christy Marlo dba Kids Fitness Physical Therapy. Kids Fitness Physical Therapy appears not to be in business any more, but Christy Marilo is a licensed Physical Therapist.
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Stacey W. Kinney Provide student counseling services Fee: $200 per session New Contract Board Agenda page 223 Contract: ICA 1718253 Contract Period: 5-1-18 to 6-30-18 Amount: $5,000 |
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Sorenson's Ranch School dba Sorenson's Residential Treatment Center Provide general education programs and special education instruction, residential and mental health services Fee $5,499.90 per month New Contract Board Agenda page 225 Contract: MCA 1718254 Contract Period: 7-1-17 to 6-30-18 Effective Date 7-1-17 Amount: $45,000 |
This Contract Should have been pulled by Trustees - Funding is Teacher Effectiveness Grant, Not Special Ed
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Bill Lane and Associates, Incorporated Provide transportation escort services to District students attending RTCs and non-public schools Fee $1,575 to $2,175 depending on length of trip and number of agents required. Contract Amendment Increase contract amount by $20,000 from $25,000 to $45,000 Board Agenda page 281 Contract: ICA 1718007 Contract Period: 7-1-17 to 6-30-17 Effective Date 6-29-17 Estimated Expenditure: $20,000 |
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Laura S. Philips Provide counseling services for District students Fee $80 per hour Contract Amendment Increase Contract by $10,000 from $20,000 to $30,000 Board Agenda page 289 Contract: PSA 1718009 Contract Period: 7-1-17- 6-30-18 Effective Date 6-29-17 Estimated Expenditure: $10,000 |
Pamela Moldauer Provide counseling services for District students Fee $70 per hour Contract Amendment Increase Contract by $5,000 from $25,000 to $30,000 Board Agenda page 269 Contract: PSA 1718012 Contract Period: 7-1-17 to 6-30-18 Estimated Expenditure: $5,000 |
Portview Preparatory, Inc. Provide general education programs and special education instruction Contract Amendment Revise rate sheet and add additional services Behavior Intervention - Functional Behavior Assessment w/o FA $3,600 Behavior Intervention - Functional Behavior Assessment with FA $4,000 Board Agenda page 304 Contract: MCA 1718018 Contract Period: 7-1-17 to 6-30-18 Estimated Expenditure: -0- |
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This Contract Should have been pulled by Trustees - The Agreement is not included in the Board Agenda
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This Contract Should have been pulled by Trustees - The Estimated Expenditures should read $7,500
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Perry Passaro Provide psycho-educational assessments for District students Fee: Not to exceed $4,675 per assessment First Amendment Add additional services and increase contract amount from $15,000 to $25,000 Board Agenda page 366 Contract: PSA1718156 Contract Period: 10-1-17 to 6-30-18 Estimated Expenditures: $10,000 |
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Function Junction 
| May 23, 2018 CUSD BOT MEETING Agenda Item #6 INDEPENDENT CONTRACTOR, PROFESSIONAL SERVICES, FIELD SERVICE AND MASTER CONTRACT AGREEMENTS | |||||||||||||||||||||||||||||||||||||||
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Board Meeting Agenda at page 143 Board Audio at 1:23.21 Trustee Martha McNicholas states that Staff pulled Items #10 and #14 from the Consent Calendar and will not be voted on tonight. 10. AWARD BID NO. 1718-20, DANA HILLS HIGH SCHOOL KITCHEN STORAGE ALTERATION – NEW DIMENSION GENERAL CONSTRUCTION 14. CHANGE ORDER NO. 2, BID NO. 1617-20, TESORO HIGH SCHOOL BUILDING D PROJECT Board Audio at 1:22 Trustee Gila Jones pulled FSA 1718238 SASCO to Provide equipment and installation of AXIS security cameras at Chaparral Elementary School to confirm where the funding is coming from. Correction funding should not come from Deferred Maintenance Funds, it should be 98-2 Funds. Trustee Martha Mc Nicholas pulled Items #15 , #21, #22 for more information and discussion. 15. CONTRACT FOR SUMMER FOOD SERVICE PROGRAM – ORANGE COUNTY PUBLIC LIBRARIES 21. BROADENING THE COURSE OF STUDY – NEW CAREER TECHNICAL EDUCATION COURSE, BUILDING AND INDUSTRIAL TRADES 22. BROADENING THE COURSE OF STUDY – NEW CAREER TECHNICAL EDUCATION COURSE, CHEMISTRY AND ENVIRONMENTAL ENGINEERING THE PUBLIC DID NOT PULL ANY CONSENT ITEMS
AW Industries: PSA #1718236 Provide inspection services in compliance with DSA approved drawings and contract documents for the installation of two modular classrooms at Aliso Viejo Middle School Contract Period: 5-1-18 to 12-31-18 Funding: Developer Fees CUSDWatch Comment:
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Jonathan Morgan Jenkins dba Performance Production Services
Board Meeting Agenda at page 143
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Function Junction Provide physical therapy services for District students Fee $95 per treatment + travel time New Contract Board Agenda page 147 Contract: PSA 1718236 Contract Period: 1-1-18 to 6-30-18 Amount: $5,000 |
Brent M Cooper dba El Paseo Children's Center Provide independent educational evaluations in the area of psychoeducational assessments for District students Fee $6,000 per evaluation New Contract Board Agenda page 166 Contract: PSA 1718240 Contract Period: 4-2-18 to 6-30-18 Effective Date 5-24-18 Amount $6,000 |
Western Youth Services Provide counseling and guidance services to District students and parent counseling and training Fee $120 per hour New Contract Board Agenda page 169 Contract: MCA 1718241 Contract Period: 4-1-18 to 6-30-18 Effective Date 7-1-17 Amount $5,000 |
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Children's Learning Connection, LCC Provide behavior intervention implementation direct service and clinical supervision to District students Fee: $51 - $98 per hour New Contract Board Agenda page 194 Contract: MCA 1718245 Contract Period: 4-15-18 to 6-30-18 Amount: $15,000 |
This Contract Should have been pulled by Trustees - The Contract Name is incorrect it should be a contract with Christy Marilo or Christy Marlo dba Kids Fitness Physical Therapy. Kids Fitness Physical Therapy appears not to be in business any more, but Christy Marilo is a licensed Physical Therapist.
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Stacey W. Kinney Provide student counseling services Fee: $200 per session New Contract Board Agenda page 223 Contract: ICA 1718253 Contract Period: 5-1-18 to 6-30-18 Amount: $5,000 |
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Sorenson's Ranch School dba Sorenson's Residential Treatment Center Provide general education programs and special education instruction, residential and mental health services Fee $5,499.90 per month New Contract Board Agenda page 225 Contract: MCA 1718254 Contract Period: 7-1-17 to 6-30-18 Effective Date 7-1-17 Amount: $45,000 |
This Contract Should have been pulled by Trustees - Funding is Teacher Effectiveness Grant, Not Special Ed
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Bill Lane and Associates, Incorporated Provide transportation escort services to District students attending RTCs and non-public schools Fee $1,575 to $2,175 depending on length of trip and number of agents required. Contract Amendment Increase contract amount by $20,000 from $25,000 to $45,000 Board Agenda page 281 Contract: ICA 1718007 Contract Period: 7-1-17 to 6-30-17 Effective Date 6-29-17 Estimated Expenditure: $20,000 |
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Laura S. Philips Provide counseling services for District students Fee $80 per hour Contract Amendment Increase Contract by $10,000 from $20,000 to $30,000 Board Agenda page 289 Contract: PSA 1718009 Contract Period: 7-1-17- 6-30-18 Effective Date 6-29-17 Estimated Expenditure: $10,000 |
Pamela Moldauer Provide counseling services for District students Fee $70 per hour Contract Amendment Increase Contract by $5,000 from $25,000 to $30,000 Board Agenda page 269 Contract: PSA 1718012 Contract Period: 7-1-17 to 6-30-18 Estimated Expenditure: $5,000 |
Portview Preparatory, Inc. Provide general education programs and special education instruction Contract Amendment Revise rate sheet and add additional services Behavior Intervention - Functional Behavior Assessment w/o FA $3,600 Behavior Intervention - Functional Behavior Assessment with FA $4,000 Board Agenda page 304 Contract: MCA 1718018 Contract Period: 7-1-17 to 6-30-18 Estimated Expenditure: -0- |
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This Contract Should have been pulled by Trustees - The Agreement is not included in the Board Agenda
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This Contract Should have been pulled by Trustees - The Estimated Expenditures should read $7,500
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Perry Passaro Provide psycho-educational assessments for District students Fee: Not to exceed $4,675 per assessment First Amendment Add additional services and increase contract amount from $15,000 to $25,000 Board Agenda page 366 Contract: PSA1718156 Contract Period: 10-1-17 to 6-30-18 Estimated Expenditures: $10,000 |
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CUSD Responds to a Second Request for Information on Interim Tesoro Principal Dr. BurchThe Effective date of this Agreement is 11-08-2017 The District response is referring to supporting documentation that went before the Board on May 23, 2018 Agenda Item #30 page 88... 6 months after-the-fact. This Agreement is with Quantum Education Dynamics which is a company owned by Dan Burch's wife. For more information See: CUSDWatch May 23, 2018 CUSD BOT Meeting Agenda Item #30 MASTER SERVICE AGREEMENT - QUANTUM EDUCATION DYNAMICS CUSDWatch: CUSD Chief Communications Officer Responded to Article about Tesoro High School Nepotism Doctor Burch started working before his contract was approved by the Board of Trustees. Doctor Burch is paid $713.32 per day + $13,750 for the month of April.
What are permanent Principals in CUSD paid? Transparent California 2016 Data
According to the California Department of Education the Average High School Principal Salary in a Unified School District is $138,175.00.
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