This meeting is recorded for live-streaming and archiving on the District YouTube channel.

Recognition of Students of the Month Sponsored by Napa Valley Education Foundation.

Recognition of Students of the Month Sponsored by Napa Valley Education Foundation.

Background information on these items is provided to the Board prior to the meeting . A common motion takes action without discussion on roll call vote unless discussion of item(s) is requested by the Board member(s).

See attached by vendor.

See attached listing.

Approval of Consultant Services Contracts under $15,000.00 listing.

In adherence to administrative regulation 6153 regarding school-sponsored trips, the Napa Valley Unified School District requires district personnel to seek board approval in advance for all trips involving overnight travel, trips over 100 miles from the district, or trips by commercial air and commercial water transportation.

Approval of field trips for elementary and secondary students as specified.

This document is an Addendum to the Agreement for Strategic Services between Tramutola and NVUSD.  Tramutola will continue to provide strategic vision and counsel for ongoing communication needs regarding educational facilities and programs through July 31, 2020.  The original Service Agreement was approved at the April 25, 2019 board meeting.

Financial Impact: $60,000.       Funding Source: Measure H

Approval of Addendum to Service Agreement between NVUSD and Tramutola.

The following Personnel Document reports details of Certificated, Classified, Adult Education and Coaches employment and terminations along with changes to assignments and requests for leave of absences.

Approval of the Human Resources Personnel Document.

This user agreement establishes usage and insurance terms for facility usage in St. Helena for NVAE classes.

N/A

Approval of User Agreement between Grace Episcopal Church and NVUSD.  

This is an agreement on behalf of Napa Valley Unified School District between the Napa, Solano and Vallejo Special Education Local Plan Area (SELPA)s to serve our severely impacted Deaf and Hard of Hearing (DHH) students in Solano and Vallejo school based programs.

The programs serve students who are severely hard of hearing and supports the development of academic and communication strategies including American Sign Language and Oral Language Development for these students.

For the 2019-2020 school year, Napa Valley Unified School District has one (1) student at Solano and two (2) students at Vallejo.

Fiscal Impact: $188,755.00       Funding Source: Special Education.

Approval of agreement on behalf of Napa Valley Unified School District between Napa, Solano and Vallejo Special Education Local Plan (SELPA) to serve our severely impacted Deaf and Hard of Hearing (DHH) students in Solano and Vallejo school based programs.

Continued Language Testing Agreement between ALTA Language Services, Inc. and Napa Valley Unified School District.  Alta Language Testing Services Inc. allows students to achieve the Seal of Bi-literacy, by taking tests for proficiency in Reading, Speaking and Writing in World Languages, not otherwise offered through AP College Board or International Baccalaureate.  Evaluations are conducted by telephone.

Fiscal Impact:  No impact to eligible low income students.  All other students will reimburse the District, amount varies depending on which test they utilize.

Funding Source:  Assessment (site 742) will fund a maximum combined total of $1,500. 

Approval of continued Language Testing Agreement between Alta Language Services, Inc. and Napa Valley Unified School District.

The District wishes to continue the partnership with Tulare County Superintendent of Schools through its programs California Friday Night Live Partnership (CFNLP) and California Center for Youth Development & Health Promotion (CCYDHP).  Valley Oak was the first of our schools to participate with Tulare County and has continued this work for more than five years.  These are after school programs that provide leadership training, with a focus on at-risk-students, addressing subjects such as use of tobacco and alternative tobacco products, gambling.  Each participating school provides a site teacher to lead the program.

California Friday Night Live ~ Valley Oak and River School are each eligible for up to $2,250.

California Center for Youth Development & Heath Promotion ~ Valley Oak and American Canyon High School are each eligible for up to $3,000. 

Approval of Agreements between NVUSD and the Tulare County Superintendent of Schools:
California Friday Night Live and California Center for Youth Development & Health Promotion.

Per the California Uniform Public Construction Cost Accounting Act (CUPCCAA), District staff shall report a listing of the construction contracts issued under the “Informal” and “Formal” contract thresholds for CUPCCAA. The following list is for the Board’s review and ratification.

The agreement with ATI Architects & Engineers was approved for the design of the New Napa Junction Elementary School, January 18, 2018.  Under this contract the design team’s fee is based upon a percentage of the final contract amount.  As the project is now underway and the contract with the General Contractor is finalized, ATI is requesting a fee reconciliation to reflect the contract value and the additional services they have provided on the project.  This amendment to their contract is accounted for in the project budget.

Fiscal Impact:  Fee: $543,979; Reimbursables: $2,000; Total: $545,979.  Financial Source: Fund 21

Approval of Amendment #1, Fee Reconciliation to ATI Architects & Engineers of Pleasanton, for design services of the New Napa Junction Elementary School.

Change Order #8, to BHM Construction, Inc. for the Modernization and New Construction at River Middle School Project includes several changes that are associated with improving the construction of the project.  These changes include access doors at HVAC units that will improve access and maintenance of the gymnasium HVAC equipment, added door openings in the gymnasium, exterior paint on all plaster surfaces, existing structures, replacement of the sidewalk at the Salvador avenue frontage, installation of fiberglass reinforced laminate (FRL) protective surfaces in the gym, installation of eyewash stations in the science labs, replacement of the Building C floor covering with carpet, added concrete at walkways for improved safety, added wheel stops in the parking lot to protect landscaped areas from vehicle traffic, improved door hardware at staff bathrooms to protect staff privacy, installation of owner furnished items (tack boards, marker boards, toilet accessories, etc.) and additional data connections for staff use. 

In addition to improvements, there are several unforeseen conditions that need to be addressed.  These unforeseen conditions were associated with replacement of the existing, non-compliant  AT&T conduit main serving the campus, core drilling of existing concrete walls, remediation for soil compaction issues at the North emergency vehicle access road, unforeseen site electrical and gas lines encountered during excavation and the replacement of an existing, failed water heater.  There were also minor design error/omission costs associated with modifications to a gate that conflicted with a canopy, costs to hang the gym scoreboard from the ceiling vs. mounting to the wall due to a conflict with a fire sprinkler main, relocation of a fire sprinkler main to avoid structural footings at the Gym, the addition of a lighting controller for existing buildings and the addition of a gas pressure regulator for Building C.  Also, as is the case with any remodel of an older building, Building C required some work to improve the condition of the building.  This includes dry rot repairs, glass repairs and minor electrical modifications.  Finally, this Change Order includes a credit for the deletion of some fiber scope that was no longer needed by IT.

Fiscal Impact: $267,603.00 (1.4% of the original contract).  The total cumulative change orders for the Modernization and New Construction at River School Project are in the amount of $1,731,995.00, 9.0% of the original contract, which are within the allocated amount of contingency budgeted.

Financial Source: Fund 21

Approval of Change Order #8 to BHM Construction, Inc. of Napa, for the Modernization and New Construction at River Middle School Project.

Change Order #9, to Arntz Builders, Inc. for the Campus Renovation at Irene Snow Elementary School Project consists of improvements to new construction; including the addition of an electrical pull box to ward against flooding during heavy rainfall, the relocation of an electrical panel, widening of the adjacent concrete walkway, added gate hinges for ease of access for students and staff, modifications to a curb section in the parking lot for improved driveability and reduction of landscaping for reduced maintenance costs.  

There are also costs associated with unforeseen conditions encountered during the work on Foster Road.  Specifically, an existing abandoned storm drain that was found during preparations for the new sidewalk.  The City of Napa required the removal of this abandoned storm drain and fill/compaction of the area prior to placement of new concrete.  There are additional costs for irrigation modifications triggered by changes made to comply with California Department of Education (CDE) requirements.  These changes enabled the District to obtain additional state funding.  Within this change, there are two minor design errors/omissions that were a cost impact which include modifications to duct work and power to the marquee sign, which was not covered in the Contract Documents.  The District elected not to install synthetic turf in portion of the inner campus that resulted in a credit.   Finally, there are added costs for the installation of District supplied items required at the end of every project.  These items include tack boards, marker boards, shelving and toilet accessories.

Financial Source: Fund 21.

Approval of Change Order #9 to Arntz Builders, Inc. of Petaluma, for the Campus Renovation at Irene Snow Elementary School Project.

The Community Leaders Coalition will present on the public charge rule to inform the board on how the school district can protect the health and well-being of immigrant families. The presentation will address the following:

• The Public Charge rule, primarily what it is, why it’s important to know about and the current status of the rule change
• The “chilling effect” that proposed policy changes such as public charge have on immigrant families health and well-being
• Impacts on families in your school district
• Recommendations on how to mitigate the negative consequences that the immigration policy environment is having on families and how we as a community can support immigrant families.

On February 13, 2020 the Board Advisory Policy Committee met and reviewed the California School Board Association's recommended July 2019 policy updates.  The Manual maintenance Guide Sheet explains all proposed policy changes.

The policy revisions as recommended by CSBA are being introduced for an initial review. The revised policies will be presented as an action item at the upcoming March 12, 2020 Board of Education meeting.

The District currently uses an at-large system of electing its governing Board members, whereby candidates must reside within the trustee area that they represent but are voted upon by all registered voters in the District.  The California Voting Rights Act of 2001 (“CVRA”) prohibits the use of an at-large election method where such method impairs the ability of a protected class to elect candidates of its choice as a result of the dilution or abridgment of the rights of voters who are members of a protected class. Only districts that conduct By-District trustee elections are immune from liability under CVRA. Under this method of election, candidates residing within a specific Trustee area are voted upon only by the registered voters residing in the same trustee area.

On January 16, 2020, the District received a letter from attorney Scott Rafferty, alleging that the District’s current election method may violate CVRA, and demanding that the District voluntarily convert to trustee elections by district. (See Attachment).   Recent efforts to protect jurisdictions from costs related to CVRA litigation (which include plaintiffs’ attorneys’ fees and litigation expenses) led to an amendment of the Elections Code § 10010 to include a “safe-harbor” provision that gives jurisdictions the opportunity to change their election system once they receive a demand letter, and caps legal fees recoverable by a plaintiff at $30,000, adjustable for inflation, so long as the jurisdiction:

• Adopts a resolution of intention to transition to district-based elections that outlines specific steps and estimates a time frame, within forty-five days of receiving the demand letter; and
• Holds at least four public hearings, prepares trustee area maps, and adopts an ordinance establishing trustee areas within ninety days of adopting the resolution of intention.

In order to comply with CVRA and limit exposure to costly litigation by taking advantage of the CVRA safe harbor provision, the Board is being asked to consider making the transition to a By-District method of trustee elections in time for the next governing Board member election in November of 2020. The attached Resolution commences the process of making this change and sets forth the timeline for the transition.

Approval ofResolution 20-26: Resolution of Intent to Transition to By-District Trustee Elections for the November 2020 Election.

Pursuant to Education Code Section 33050, the public will have an opportunity to be heard with respect to the planned request for a waiver of the elections requirement for the proposed transition to By-District trustee elections described in Agenda Item XX below.

None

No motion. Conduct the public hearing.

Implementing a change to By-District trustee elections normally requires that the change in election method first be approved by voters. See, Education Code §§ 5019, 5020, 5021, 5030.  In order to implement By-District trustee elections for the November 2020 election, the District must request that the State Board of Education waive the statutory election requirement for the transition pursuant to Education Code Section 33050.  Such requests are routinely granted, provided that the public and stakeholder groups be provided the opportunity for input.  In order for the State Board of Education to approve the waiver request in time for implementation of By-District trustee elections for the November 2020 election, a waiver request must be submitted no later than March 6, 2020.

None

Approval of request for waiver of election requirement for transition to a By-District method of trustee elections.

Implementing a change to By-District trustee elections requires the services of a demographer to analyze communities of interest and prepare district boundaries that will comply with the California Voting Rights Act. The Superintendent will make a recommendation to the Board regarding the selection of a demographer to assist the District in the transition to By-District trustee elections in compliance with the CVRA and will bring a recommended service agreement, as appropriate, for approval by the Board of Trustees. 

Amount: To be determined.   Funding Source: General Fund

Selection of Demographer and Approval of Services Agreement.

This item presents a revision to Board Policy and Administrative Regulation 0450 regarding the comprehensive school safety plans. In the revised version of the board policy, the comprehensive school safety plan(s) shall be reviewed and updated by each school site and then forwarded for approval by the Superintendent and/or designee no later than March 1 of each year (EC 32286).  The Superintendent and/or designee shall then review each school site comprehensive safety plan in order to ensure compliance with EC 32286 and NVUSD Board Policy 0450.

The proposed revision was reviewed and discussed at the Board Policy Advisory Committee on 2/13/20.

Approval of Board Policy (BP) and Administrative Regulation (AR) 0450 Comprehensive Safety Plan.

Approve Memorandum of Understanding with the Napa Valley County Office of Education who in turn is contracting with Escape Technologies to provide NVUSD, all other county schools and NCOE with Escape's financial system.  This MOU will cover the implementation year (2019-2020) and five additional years. 

Escape licensing fees will be charged on an annual fiscal year basis commencing with 2020-21. Escape’s base licensing fee model is based on a per W2 fee for W2s produced by NCOE and the Districts. The annual county-wide licensing fee for Escape in the first operating year of the contract shall be $324,640 based on the 2019 W2 count. Thereafter the licensing fee shall increase 4% per year for each successive year of the Escape contract.

The implementation year will include a split of implementation costs across all Napa County Schools and the County Office.  Ongoing cost splits will be based on W-2 counts.  There will also be a 4% annual increase to the overall cost of the contract.  Our cost for 2019-2020 for implementation costs are estimated at $44,625.  We will be billed based on 20% of the implementation costs.  The cost estimates are as follows: 2020-2021 = $162,320; 2021-2022 = $199,098, 2022-2023 = $238,558; 2023-2024 = $248,100 $2024-2025 = $ 258,024. 

Approval of Memorandum of Understanding Between Napa County Office of Education and Napa Valley Unified School District for the Provision of a Comprehensive Financial and Human Resources Management System.

The State of California (“State”) has agreed that local entities, including school districts, may purchase against Enterprise Technology Contracts (Piggyback contract).  Enterprise Technology Contracts fall under the same Public Contract Code that NVUSD uses.  NVUSD desires to contract with Kovarus, Inc.

Approval of Resolution 20-25 Authorizing NVUSD to utilize Cooperative Contracting via the Enterprise Technology Piggyback Contract.

The NVUSD Data Center is a critical component of our infrastructure and is needed for the daily operation of NVUSD. The Technology Department is seeking authority to purchase Dell/EMC hardware, software, infrastructure, and professional services to upgrade the Data Center, Backup infrastructure and offsite Disaster Recovery solution through Kovarus. The scope of work includes the following:  purchase and installation of 6 VxRail systems to support a complete virtual Data Center environment for the District, 2 Data Protection appliances to provide a complete backup environment for the virtual data center and support our Disaster Recovery site, VMware licensing, professional services for complete implementation of Data Center/Backup upgrade and Disaster Recovery implementation, training and knowledge transfer for NVUSD Technology staff on VMware and Dell/EMC software.  

Total Fiscal Impact of $951,379.12 with Data Center ($483,828.64), Backup and Disaster Recovery ($438,930.60), Tax ($28,619.88).  Financial Source: Measure H Bond funds.  Procurement method: Enterprise Technology State piggyback contract will be used to purchase equipment and services.  The State’s contract with Kovarus, Inc. (Contractor) provides Dell/EMC Enterprise Technology at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-19-70-19D-2.

Approval to purchase Dell/EMC hardware, software, licensing, installation/support services and training through Kovarus.

The Technology Department along with our vendors and security consultant are in the process of implementing a District-wide security camera system.  The implementation will occur on a phased approach. This phase requests approval for the purchase of security cameras,  infrastructure,  and installation services for 6 Elementary Schools (Snow, Shearer, Willow, McPherson, Phillips and Donaldson Way) and the Central Kitchen.  The cameras will offer high definition coverage with infrared capabilities for night vision and recording and will offer historical footage for approximately 2-3 weeks.  Authority for additional sites will be requested at future board meetings. 

Total Fiscal Impact: $577,994.18; ASG($374,006.260 and Walker Telecom ($203,987.92).   In order to secure all equipment and labor, two piggyback procurement contracts will be used.   The two contracts used are the Pennsylvania Education Purchasing Program for Microcomputers (PEPPM) and California Multiple Award Schedule (CMAS).  Financial Source: Measure H Bond funds.

Communications during daily operations and during an emergency is critical for the safety of NVUSD students and staff.  NVUSD staff, our security consultant and Crystal Communications have designed a districtwide radio communications solution for all of our sites and school buses.  The design will include command radios that have the ability to work on Crystal Communications wide area network and site radios to be used for daily communications within a site.  This structure is cost effective and will also allow sites, the district office and emergency personnel to communicate across the district and on bus transportation routes.  The radios that are installed on our buses are HIPPA compliant and allow drivers to communicate confidential student information on a private channel with dispatch.  This proposal will cover the majority of the portable radio communication needs.  We may need to purchase additional equipment or services, which would be brought to a future board meeting.   

$390,134.99 + $39,013.50 (10% contingency) = $429,148.  Measure H Bond Funds.  Procurement Method will be the NASBO piggyback contract.  

Approval of purchase of Districtwide radios for communications from Crystal Communications.

Napa Valley Unified School District has determined that it is in the best interest of the District, and the welfare of the students thereof, to reduce or discontinue certain particular kinds of service, hereinafter enumerated, and has recommended to the District's Governing Board that the District reduce particular kinds of service no later than the beginning of the 2020-21 school year.

Approval of Resolution #20-21 Reduction or Discontinuance of Particular kinds of Service.

Resolution 20-22 allows, if necessary, the Governing Board of the Napa Valley Unified School District to notify on or before March 15th individual Certificated employees holding a position requiring an Administrative credential that he/she may be released from their position ad/or reassigned to a different administrative position, or reassigned to a teaching position.

Approval of Resolution 20-22 Human Resources-Release/Reassignment of Administrators.

Resolution 20-23 provides that the Governing Board of the Napa Valley Unified School District may release temporary certificated employees after serving during one school year if notified before the end of the school year of the Board's decision not to reelect the employee for the next succeeding year. This resolution activates an annual process of releasing all temporary teachers for the following school year.  

Approval of Resolution 20-23 Human Resources-Release of Temporary Certificated Employees Document.

Resolution 20-24 provides for notification to probationary certificated employees who have served two or less school years that they will not be reelected for the 2020-21 school year.  California Education Code 44929.21 requires the Governing Board of a school district to notify individual certificated probationary employees on or before March 15th of the employee's first or second complete year of probationary employment of its decision to not reelect the employee for the next school year.  

Approval of Resolution 20-24 Human Resources Non-Reelection of Probationary Certificated Employees.

The NVUSD Curriculum Council recommends the adoption of the following high school supplementary instructional material that was introduced at the January 30th Board Meeting:  Integrated Chinese Volume 2 Textbook, 4th Edition - for P Mandarin 4 (FL463).

Fiscal Impact: $3,000.     Funding Source: Site Base Funds.

Approval of High School Supplementary Instructional Material Recommendation for World Language.

This Memorandum of Understanding (“MOU”) is entered into by the Department of Justice (“DOJ”) and the Napa Valley Unified School District to provide grant funds for expenditure in compliance with the approved grant application. NVUSD will expend the funds for a fulltime “Tobacco SRO” in an effort to achieve a reduction of 5% in “past 30 day use” (current users) of tobacco related products, as measured by the California Healthy Kids Survey during the first 24 month period and continued 1% annual reduction thereafter.   The term of the MOU is three years commencing 2019-20 through 2021-2022.

No financial impact for Napa Valley Unified School District.

Approval of this Memorandum of Understanding between Napa Valley Unified School District and the Department of Justice. 

ACT WorkKeys, is a nationally recognized assessment platform, which allows participating students to earn the National Certificate of Work Readiness using an online test.  The work readiness certificate is a means of demonstrating college and career preparedness. 

Fiscal Impact:   $800.00.  Funding Source: $400.00 from Migrant Ed Fund/$400.00 from General Testing Fund

Carnegie Learning will provide a district-wide mathematics needs assessment with following components: uncovering perceptions, studying classrooms, review district artifacts, and compiling a comprehensive report.  The needs assessment will provide the Napa Valley Unified School District's (NVUSD) Math Task Force with a thorough review of the current state of mathematics in the district and help determine the best next steps to improve  teaching and learning in NVUSD.

Fiscal Impact: $29,000.  Funding Source: Low Performing Block Grant.

Approval of Carnegie Learning Professional Learning Proposal.

Facilities, Maintenance and Operation (FMO) staff is requesting the approval to dispose of a Napa High School Band program vehicle registered to the Napa Valley Unified School District.  The band program presented the request and FMO will facilitate the final disposition.

Details: License Plate: 1028445       VIN#: 2B5WB35Y9SK575812

Financial Impact: disposition reduces fiscal upkeep and operational costs of this asset and recoups a nominal economic contribution.

Approval of FMO 03.01.2020 Maintenance - Napa High School Disposition of Band Vehicle.

Both Field Replacement and Fencing Phase I projects are under the jurisdiction of the Division of the State Architect (DSA).  DSA requires oversight/inspection by a third party inspector of records (IOR).   M&M Project Inspection Inc. is a long standing partner with NVUSD.  Their rates are consistent with industry standards.  They will provide a Class III Inspector, in accordance with the project requirements, for part time services at the projects/sites.

Fiscal Impact: $51,200.00 / $80 per hour rate x 640 hours.     Financial Source: Fund 21

Approval to contract with M&M Project Inspection for third party IOR services for the Fencing Phase 1 and Field Replacement Projects.

As outlined in the attached documentation, the Office of School Planning and Construction has conducted an extensive selection process for Lease-Leaseback (LLB) services for the First Phase of Campus Refresh Projects: HVAC, Roofing and Site Work (at NW, BA, AH, NVLA).  As the highest scoring firm in the selection process, staff recommends the award of a pre-construction service contact to Wright Contracting of Santa Rosa, CA.  The pre-construction services contract will allow for the first phase of LLB project delivery.  It allows the successful firm to move forward with review of the project documents and prepare for bidding the sub-contractor trades. 
 
Staff will return to the Board of Education for approval to enter into lease agreements with Wright Contracting upon the completion of the pre-construction phase, which will also include the finalized cost for the project.

Fiscal Impact: $112,000.      Financial Source: Fund 21

Approval to Award LLB Pre-Construction Agreement for the First Phase of Campus Refresh Projects: HVAC, Roofing and Site Work (at Northwood, Bel Aire, Alta Heights, NVLA) to Wright Contracting of Santa Rosa.

The Office of School Planning and Construction, in conjunction with Business Services and Technology, has drafted an updated implementation plan.  This plan revises budget allocations for modernization and new construction projects within Measure H, as well as growth and deferred maintenance projects.  These allocations supersede the prior three implementation plans issued in 2016, 2018 and 2019. 

Staff will present the Measure H Updated Implementation Plan (Attached).

Fiscal Impact: Allocation of all funds associated with Measure H Projects.  Financial Source: Funds 21, 25, 35 & 40

Approval of Measure H Updated Implementation Plan.

The establishment of the Measure H Citizens’ Bond Oversight Committee (CBOC) was approved by the Board of Education in the fall of 2016 after the passage of the Measure H General Obligation Bond in the June 2016 election. 
 
At the November 1, 2018 Board meeting the Board of Education approved the reappointment of six existing 2016-2018 CBOC members. At the December 6, 2018 meeting the Board of Education approved an additional member, at large, Barb Franco.  
 
The Board of Education advised staff to reach out to the community organizations to ensure that all roles are fulfilled.  Staff continues to reach out to the community through phone, email, social media, publicly held board / community meetings, for additional community members to serve on the Measure H Citizens’ Bond Oversight Committee.  At the November 14, 2018 publicly held CBOC meeting (as well as subsequent meetings), bond counsel advised staff and the committee that the District is in compliance as it continues its outreach efforts and maintains its current members.
 
An additional potential member has put forth an application (attached) for Measure H Citizens’ Bond Oversight Committee.
 
Jill Barwick - Napa County Taxpayers Association: 2 Year Term.

Fiscal Impact: None.      Financial Source: None.

Items under this section do not require board action.

Napa County Treasurer's Investment Report is sent to the Board on a quarterly basis for information.  The effective rate of return for the period ending December 31, 2019 was 2.055%.

There were no complaints filed for the November through January quarter of the 2019/20 school year.

N/A

Charter Council minutes: September 2019 - January 2020

No fiscal impact.