January 24, 2017 CUSD BOT Meeting Agenda Item #3 INDEPENDENT CONTRACTOR, PROFESSIONAL SERVICES, FIELD SERVICE AND MASTER CONTRACT AGREEMENTS

Agenda Item #3  INDEPENDENT CONTRACTOR, PROFESSIONAL SERVICES, FIELD SERVICE AND MASTER CONTRACT AGREEMENTS

25 new agreements totaling $2,089,576.58

7 Amendments $54,700.00

Board Agenda page 159

Board Audio: 

BLUE CARD Dawn Urbanek - New Contracts that are of Concern (Details are below)

ICA 1718169 page 172 Mobile Ed Productions - After the fact Contract

FSA 1718180 page 212 Knorr Pool Systems - Tesoro High School Williams Complaint Pool Chlorination System

ICA 1718183 page 225 Leadership Associates - Professional  Development 52 Days - Improper use of General Fund Dollars

ICA 1718186 page 239 Fairbank, Maslin, Maulin, Metz & Associates - Violation Ed Code 7054 Improper Use of General Fund Dollars - Bond Marketing Campaign.

ICA 1718191 page 260 Performance Production Services - Violation Ed Code 7054 Improper Use of General Fund Dollars - Bond Marketing Campaign.

PSA 1718168  page 166 WCL Architects - Discrepancy Contract Amount Newhart Middle School 

PSA 1718181 page 220 AW Industries - Staff was admonished NOT to hire AW directly on March 22, 2017

ICA 1718105 page 296 Daniel J Edelman -  Violation Ed Code 7054 Improper Use of General Fund Dollars - Bond Marketing Campaign. 

ICA 1617256 page 308 Yvette Hall Paradigm 360' CFO and Instructional Coach Lifeforming Institute - Improper use of Gift Funds. 

 

GENERAL FUND CONTRACTS

AFTER THE FACT CONTRACT

ICA 1718169 page 172

Mobile Ed Productions

Provide hands-on STEAM Museum assemblies at Oso Grande Elementary School

7-1-17 to 6-30-18

$3,700.00

4-23-18 $1,295.00 page 173

5-07-18 $1,195.00 page 175

5-10-18 $1,195.00 page 177

BLUE CARD Dawn Urbanek  Contract and Deposit were due 10-26-17 Why is this going before the Board for approval January 24, 2018 (3 months After- the -Fact?  

 

ICA 1718171 page 181

Environmental Nature Center

Provide field trips aligned with Next Generation Science Standards and on-site assemblies with the common core traveling naturalist programs focusing on observation, critical thinking, and designing the process for Bathgate Elementary School

7-1-17 to 6-30-18

$1,900.00

1-26-18 NGSS1 Program $490.00  page 183

1-26-18 NGSS3 Program $340.00  page 184

4-11-18 What's the Buzz $200.00 page 181

4-26-18 Kindergarten Program $840.00 page 182

ICA 1718172 page 185

Amy E. Jackson 

Provide monthly classroom art lessons at Ambuehl Elementary School

7-1-17 to 6-30-18

$4,000.00

ICA 1718174 page 193

Syntex Global

Provide translation and interpretation services for District students

8-1-17 to 6-30-18

$10,000.00

 

ICA 1718176 page 198

Commercial Aquatic Services

Provide heater maintenance services twice annually on eight swimming pool heaters spread over six high schools Districtwide:

Aliso Niguel HS $4,574.02

Capo Valley HS $6,752.19

Dana Hills HS $3,278.62

San Clemente HS $3,458.81

San Juan Hills HS $3,458.81

Tesoro HS $3,458.81

9-17-17 to 6-30-18

$24,981.26

WILLIAM'S COMPLAINT TESORO HIGH SCHOOL

FSA 1718180 page 212

Knorr Pool Systems, Inc

Provide labor and materials for the installation of a new mechanical room control system, including the removal and disposal of existing chemical and filter controllers at Tesoro High School pool

12-8-17 to completion

$17,895.57

BLUE CARD Dawn Urbanek  Tesoro High School has $863,400 in PRIORITY I EMERGENCY REPAIRS. This is a contract to address the Pool Chlorination system.  Kitchell Report at page 40 and 47  

Resource

Tesoro High School I

Tesoro High School II

Appeal to the State of California: Tesoro High School Williams Complaint

CDE Acknowledges Receipt of Tesoro Appeal

PUBLIC RECORDS REQUEST: Tesoro High School HVAC Maintenance Records

ICA 1718182 page 223

Discovering Science 

Provide science specialist program at George White Elementary School

7-1-17 to 6-30-18

Invoice Date was 10/17/17

Is this an After the Fact Contract?

$12,600.00

PROFESSIONAL DEVELOPMENT

ICA 1718183 page 225

Leadership Associates, LLC

Provide professional development training and support relating to team building and collaborative approaches for various departments

7-1-17 to 6-30-18

$80,600.00 

BLUE CARD Dawn Urbanek Improper use of General Fund Money - CUSD has a Teacher Effectiveness Grant for Professional Development. CUSD should not use General Fund Money for Professional Development. This is 52 days of Professional Development. We need our educators on the job in the classroom CUSD has $200 million in EMERGENCY facilities repairs that effect the Health and Safety of students. The $80,600.00 should be applied to facilities maintenance. 

ICA 1718185 page 235

Progressive Surface Solutions

Provide labor and materials to install flooring at Tesoro High School Choir room

1-2-18 to completion

$16,968.75 

FACILITIES BOND MARKETING

ICA 1718186 page 239

Fairbank, Maslin, Maulin, Metz & Associates

Provide public opinion research and strategy services: Survey likely voters in November 2018 General Election  page 240

1-1-18 to 6-30-18

$26,500

BLUE CARD Dawn Urbanek Improper use of General Fund Money - Violates Ed Code 7054. CUSD cannot use Public resources used to influence a bond election

FACILITIES BOND MARKETING

ICA 1718191 page 260

Performance Production Services

Produce four Superintendent "Message to District" films

7-1-17 to 6-30-18

$11,800 ($2,950.00 per film)

BLUE CARD Dawn Urbanek Improper use of General Fund Money - Violates Ed Code 7054. CUSD cannot use Public resources used to influence a bond election
 

 

SPECIAL EDUCATION

PSA 1718159 page 164

The Regents of the University of California, on behalf of the University of San Diego School of Medicine, Department of Pediatrics

Provide speech and language protocols and provide prescriptions for occupational and physical therapy Medi-Cal eligible services. Consult with staff or students with significant medical needs and make written recommendations for appropriate school setting placement

7-1-17 to 6-30-18

$20,000.00

MCA 1718170 page 178

Premier Healthcare Services

Provide healthcare services to District students

7-1-17 to 6-30-18

$35,000.00 

 

PSA 1718175 page 195

Center for Learning and Behavioral Solutions

Provide psycho-educational assessments for District students

11-27-17 to 6-30-18

$6,000.00

PSA 1718177 page 206

Susanne M Smith

Provide occupational therapy assessments for District students

7-1-17 to 6-30-18

$3,000.00

MCA1718178 page 208

Devereux Foundation

Provide general education programs and special education instruction, residential and mental health services

1-17 to 6-30-18

$120,000.00

MCA 1718179 page 210

Via Santa Maria Inc 

Provide general programs and special education instruction

11-1-71 to 6-30-18

$25,000

PSA 1718184 page 229

Robert Gray Psychologist, APC dba Advanced Neurobehavioral Health of Southern California

Provide neuropsychological evaluation and assessments for District students

12-1-17 to 6-30-18

$3,500.00

   

 

Mission Viejo RDA

Discrepancy Contract Amount

PSA 1718168  page 166

Wolff Lang Christopher Architects, Incorporated dba WLC Architects, Incorporated

Provide architectural and engineering services for the Newhart Middle School STEM classroom addition project

7-1-17 to 6-30-21

$772,118.00

BLUE CARD Dawn Urbanek   

The Contract amount is stated to be $587,168.00? page 169 Staff is reporting $772,118.00

Total Building Cost: $10,484,548.00

 

   

 

CFD 87-1 Remaining Funds

PSA 1718173 page 188

Wolff Lang Christopher Architects, Incorporated dba WLC Architects, Incorporated

Provide architectural and engineering services for the Aliso Niguel High School STEM classroom addition project

7-1-17 to 6-30-21

$811,813.00 

   

 

Developer Fees

PSA 1718181 page 220

AW Industries

Provide inspection services in compliance with DSA approved drawings and contract documents regarding the off-site shop elevator fabrication for the Tesoro High School Building D project

7-1-17 to 6-30-18

$39,200.00

BLUE CARD Dawn Urbanek   

Adam Watson is an individual DSA inspector that has been hired directly by CUSD. This is not allowed as inspectors are suppose to report to the DSA not CUSD. Staff was admonished not to do this by Trustee at the March 22, 2017 CUSD BOT Meeting- yet Staff continues to offer new contracts directly to Adam Watson rather than go through A company like Knowland Construction

March 22, 2017 Board Meeting Agenda Item #4

Board Audio at 2:22:00 BLUE CARD Dawn Urbanek

Board Audio at 2:34:00 Staff Admitted that the DSA does nt allow school District s to hire in-house inspectors of Record because they view it as a conflict of interest.

Why is CUSD continuing to repeat this process if it is a Conflict of Interest?

Board Audio at 2:23:00 

at page 36  AW Industries

On the March 8, 2017 Agenda Item #3, this was a $626,4500 contract with AW Industries for Inspection services for Esencia K-8 School.

I pulled the contract because it did not have the contact information for the company.

Some research showed:

  • Adam Watson is an individual with a DSA inspector license.
  • There is a corporate filing for an AW Industries Group Inc - A construction management business. Adam Watson is listed as Secretary. The corporate address is a personal residence.
  • There is no AW Industries on the web except for the corporate filing.

DSA requires an inspector of record. 

DSA provides a field representative that reviews the Inspector of Record's files.

Most IOR's work through a Broker like Knowland Construction Services. 

CUSD did not do a formal bid process to hire AW Industries.

Agenda Item #2 contained a PO for $409,700. Both the PO and Contract were pulled and are being approved on the March 22nd Agenda.

On the March 22, 2017 Agenda Item #4 the Board is being asked to Approve a PO in the amount of $409,700.00 made out to AW Industries. This contract still has no contact information for the company, and 3 pages are missing including the signature page. 

Comparing the two contracts, it appears that the March 8, 2017 agenda has two AW contracts: 1 for $409,700.00 for Inspection Services of Esencia K-8 and 1 for inspection services for Tesoro High School for $216,750.00 that is not included in this Agenda Item. 

March 8, 2017 Board Meeting Agenda Item #21

Board Audio at 52:00

 

   

 

Deferred Maintenance

HEALTH AND SAFETY RISK TO STAFF AND STUDENTS DANA HILLS HIGH

PSA 1718188 page 242

Wolff Lang Christopher Architects, Incorporated dba WLC Architects, Incorporated

Structural assessment of Dana Hills High School gym - showers and locker room buildings.

Conclusion:

The condition of the tee beams has not compromised the load carrying capacity of the structure. The current condition does not preclude the building from continuing to house students and staff.

Recommendation:

Faulty Construction: the sand aggregate mortar mix was not a quality mix nor was it well bonded to the lightweight tee beam. CUSD should authorize a survey to identify conditions that exist where falling debris could contact students or faculty. In the meantime areas should be barricades in these areas until repairs can be made.

7-1-17 to 6-30-18

$19,000.00

EMERGENCY FACILITY ISSUES

PSA 1718189 page 251

Wolff Lang Christopher Architects, Incorporated dba WCL Architects, Incorporated

Provide updated facility site maps and budgets for the Aliso Viejo family of schools

"In preparing this proposal WLC understands that the District would like to perform this work now and that time is of the essence."

Aliso Niguel High School Aliso Viejo Middle School

Don Juan Avila Middle School

Don Juan Avila Elementary School

Laguna Niguel Elementary School

Marian Bergeson Elementary School

Oak Grove Elementary School Wood

Canyon Elementary School Canyon

Vista Elementary School

7-1-17 to 6-30-18

$8,000.00

WILLIAM'S COMPLAINT   EMERGENCY FACILITY ISSUES 

PSA 1718190 page 254

Wolff Lang Christopher Architects, Incorporated dba WLC Architects, Incorporated

Provide updated facility site maps and budgets for the San Clemente Family of Schools

"In preparing this proposal WLC understands that the District would like to perform this work now and that time is of the essence."

San Clemente High School

Williams Complaint

Bernice Ayer MS

Williams Complaint

Vista Del Mar Middle School

Shorecliff Middle School

Williams Complaint

Palisades Elementary School

Truman Benedict Elementary School

Williams Complaint

Vista Del Mar Elementary School

Marblehead Elementary School

Williams Complaint

Clarence Lobo Elementary School

Williams Complaint

Las Palmas Elementary School

Williams Complaint

Concordia Elementary School

Williams Complaint

7-1-17 to 6-30-18

$8,000.00

EMERGENCY FACILITY ISSUES 

PSA 1718191 page 257

Wolff Lang Christopher Architects, Incorporated dba WLC Architects, Incorporated

Provide updated facility site maps and budgets for San Juan Elementary School, Serra High School, CUSD ROP + Adult Ed Programs - Saddleback College Joint Use Programs

"In preparing this proposal WLC understands that the District would like to perform this work now and that time is of the essence."

7-1-17 to 6-30-18

$19,000.00

   

 

CONTRACT AMENDMENTS Total $54,700.00

General Fund 

FACILITIES BOND MARKETING

ICA 1718105 page 296

Daniel J. Edelman, Incorporated dba Edelman

Provide community engagement and strategic communications services

Amend Exibit A- Fee Scheduled to to include intern rates

"Provide insights from research findings, other data, and Measure M results" see  page 304 - 305

Not to exceed $50,000

Amendment: $0.00

BLUE CARD Dawn Urbanek Improper use of General Fund Money - Violates Ed Code 7054. CUSD cannot use Public resources used to influence a bond election

 

   

 

Title I 

ICA 1718162 page 272

REACH LLC, dba REACH Professional In-Home Tutoring

Provide one-on-one tutoring for District students

Increase contract amount from $50,000 to $54,600

   

 

SPECIAL EDUCATION

PSA 1718136 page 262

Stepping Stones Therapy

Provide speech language assessments for students

Revise scope of practice to correct not to exceed amount $0.00

ICA 1718060 page 316

Sunbelt Staffing, LLC

Provide speech and language, occupational and physical services, sign language interpreters, braillist and vision itinerant services to District students

Increase contract amount from $200,000 to $250,000 and add additional services

$50,000.00

 

MCA 1718017 page 326

Ocean View School

Provide general education programs and special education instruction

Amend Exhibit A - Fee Schedule to include additional services

$0.00

  

Developer Fees

ICA 1617241 page 281

SWCA Environmental Consultants

Provide cultural and paleontological monitoring for:

San Clemente High School Campus

  • Resource Monitoring $58,593.00
  • Technhical Report $2,267.00

San Juan Hills High School

  • Resource Monitoring $56,755.00
  • Technical Report $2,267.00

Extend contract term through 12-31-2017

Cost $120,000.00

Amendment $0.00

   

 

  

Gift Funds

PROFESSIONAL DEVELOPMENT

ICA 1617256 page 308

Yvette Hall Paradigm CFO Paradigm 360' Coaching and Instructional Coach at Lifeforming Institute

Provide instructional coaching services at Bernice Ayer Middle School

Increase contract amount from $1,100 to $1,200

Contract: $1,200.00

Amendment Cost $100.00

BLUE CARD Dawn Urbanek Improper use of Gift Funds - CUSD has a Teacher Effectiveness Grant for Professional Development. Gift Funds should be used for STUDENT enrichment.