The School Board of Broward County, Florida Agenda




Regular School Board Meeting
January 22, 2014
Wednesday, 10:15 AM
Board Room of the Kathleen C. Wright Administration Center

600 Southeast Third Avenue

Fort Lauderdale, Florida
Rev. 0

REGULAR SCHOOL BOARD MEETINGS CAN BE VIEWED VIA LIVE STREAM OVER THE INTERNET ON THE SCHOOL DISTRICT'S WEBSITE (www.browardschools.com).

January 21, 2014

CONSENT ITEMS:
G-2. Personnel Recommendations for Instructional Separation of Employment or Discipline for the 2013-2014 School Year (AMENDMENT)

G-6. Recommendation(s) for Instructional/Non-Instructional Discipline for the 2013-2014 School Year (AMENDMENT)

OPEN ITEMS:
CC-2. Proposed New Job Descriptions, Minimum Qualifications and Job Titles for the Information & Technology Department (POSTPONED FROM 12/17/13 RSBM - 7 New Positions) (MEMO TO VOTE DOWN)

CC-6. Proposed New Job Descriptions, Minimum Qualifications and Job Titles for the Information & Technology Department (ADDED)

EE-2. Piggyback from Broward College's Contract Agreement with Lenovo (United States), LLC Inc., for the Purchase of PCs, Laptops, and Technical Support (REVISED)

January 17, 2014

CONSENT ITEMS:
G-3. Personnel Recommendations for Non-Instructional Appointments and Leaves for the 2013-2014 School Year (AMENDMENT)

OPEN ITEMS:
AA-1. Mentoring Month Proclamation (ADDED)




  Call to Order



  Pledge of Allegiance to the Flag of the United States of America



  MINUTES FOR APPROVAL


       December 2, 2013 - Regular School Board Meeting
 
 
 
       December 17, 2013 - Special - Expulsion
 
 
 
       December 17, 2013 - Regular School Board Meeting
 
 
 

  ADDED ITEMS



  CLOSE AGENDA



  SPECIAL PRESENTATIONS (Non-Board Items)



  REPORTS


       Broward County Council of PTAs/PTSAs
 
 
 
       ESE Advisory Council
 
 
 
       Broward County Association of Student Councils and Student Advisor to the Board
 
 
 
       Technology Advisory Committee
 
 
 
       ESOL Leadership Council
 
 
 
       Gifted Advisory Council
 
 
 
       Employee Unions
 
 
 
       Facilities Task Force
 
 
 
       Supplier Diversity & Outreach Program Advisory Committee
 
 
 
       Diversity Committee
 
 
 
       Broward Education Foundation
 
 
 
       District Advisory Council
 
 
 

  CONSENT AGENDA



  REPORTS CONTINUED


       Board Members
 
 
 
       Superintendent
 
 
 

  SPEAKERS


       1. Mary Fertig
 
 
 
       2. Rhonda Ward
 
 
 
       3. Alverine Brihm
 
 
 
       4. Ilona Machado
 
 
 

  CONSENT ITEMS



  A. Resolutions



  B. Board Members



 



  E. Office of Strategy & Operations


       E-1. Pre-Qualification of Contractors - Approval of Application and Issuance of Certification
Approve the recommendations of the Superintendent indicated in Exhibit 2.

The pre-qualification application process is in accordance with State Requirements for Educational Facilities (SREF), F.S. 1013.46, and Board Policy 7003.  This item approves the recommendations of the Superintendent of Schools indicated in Exhibit 2.   Further explanation is provided in Exhibit 1.

The Qualification Selection Evaluation Committee (QSEC) convened on December 11, 2013, to review staff's recommendations in response to the submitted pre-qualification applications. Upon review of staff's recommendations, QSEC makes the recommendations to the Superintendent of Schools indicated in Exhibit 2.

Contractor Pre-Qualification Staff Application Review Executive Summaries are available for review at the Supply Management & Logistics Department.

There is no financial impact to the District.


 
 
 

  F. Office of Academics



  G. Office of Human Resources


       G-1. Personnel Recommendations for Instructional Appointments and Leaves for 2013-2014 School Year
Approve the personnel recommendations for the 2013-2014 appointments and leaves as listed in the attached Executive Summary and respective lists for instructional staff.  All recommendations are made with the understanding that these individuals will comply with regulations/policies as set forth by the Florida Department of Education and The School Board of Broward County, Florida. The teacher approvals on this G-1 item are teachers in subject areas for which there is no surplus and/or layoff teacher in that certification area that could be placed in these positions.

The Personnel Recommendations for Instructional Employees include the following items:

1. Teacher Approvals
2. Instructional Leaves

There will be no financial impact to the School District.  Funding for the positions has been allocated in the school and department budgets.


 
 
 
       G-2. Personnel Recommendations for Instructional Separation of Employment or Discipline for the 2013-2014 School Year
AMENDMENT

Approve the personnel recommendations for separation of employment or discipline as listed in the attached respective lists for instructional staff.  All recommendations are made with the understanding that these individuals will comply with regulations/policies as set forth by the Florida Department of Education and The School Board of Broward County, Florida.

The Personnel Recommendations for Instructional Employees include the following items:

1. Instructional Resignations/Retirements/Layoffs
2. Instructional Suspensions/Terminations

There will be no financial impact to the School District.


 
 
 
       G-3. Personnel Recommendations for Non-Instructional Appointments and Leaves for the 2013-2014 School Year
AMENDMENT

Approve the personnel recommendations for appointments and reassignments as listed on the attached Executive Summary, respective lists and individual appointments for Non-Instructional Employees.  All recommendations are made pending security clearance and with the understanding that these individuals will comply with regulations/policies as set forth by the Florida Department of Education and The School Board of Broward County, Florida.

The Personnel Recommendations for Non-Instructional Employees include the following sections:

 1. Non-Instructional Approval(s)
 2. Non-Instructional Reassignment(s) ? Promotion(s)
 3. Non-Instructional Reassignment(s) ? Demotion(s)
 4. Non-Instructional Substitutes/Temporary Employees
 5. Non-Instructional Leave(s) ? Layoff(s)
 6. District Managerial/Professional/Technical
 7. Reassignment of Current School-Based/District Managerial/Professional Technical Personnel
 8. School-Based Managerial
 9. School-Based/District Managerial Acting/Special/Task Assignment(s)
10. School-Based/District Managerial/Professional/Technical Leave(s)-Layoff(s)
11. Salary Adjustment

Funding has been budgeted in the 2013-2014 school/fiscal year for all appointments through June 30, 2014.


 
 
 
       G-4. Personnel Recommendations for Non-Instructional Separation of Employment or Discipline for the 2013-2014 School Year
Approve the personnel recommendations for separation of employment or discipline as listed on the attached respective lists for Non-Instructional staff.  All recommendations are made with the understanding that these individuals will comply with regulations/policies as set forth by the Florida Department of Education and The School Board of Broward County, Florida.

The Personnel Recommendations include the following items:

Non-Instructional Resignation(s)/Retirement(s)
Non-Instructional Suspension(s)/Termination(s)
Managerial and Professional/Technical Resignation(s)/Retirement(s)
Managerial and Professional/Technical Suspension(s)/Termination(s)

Employees contesting the recommended discipline may avail themselves of due process rights pursuant to their respective Collective Bargaining Agreements or School Board Policy 4105.  

There is no financial impact to the School District.


 
 
 
       G-5. Supplemental Pay Positions - List #12
Approve the recommended supplemental pay positions of employees for the 2013-2014 school/fiscal year.
Employees are recommended for supplemental pay positions by Principals or Department Supervisors and approved by the appropriate Division Head. Supplemental positions are listed alphabetically by last name, with location and supplement type.

The Supplemental Pay Positions include the following type of supplements: Secondary department chairpersons high school; secondary department chairpersons and/or team leaders middle school; elementary grade level chairpersons and/or team leaders; athletic supplements; general supplements; and special supplements for the 2013-2014 school year.

Individuals listed meet the requirements for the supplemental positions.

Funding has been budgeted in the 2013-2014 school/fiscal year for all supplements through June 30, 2014.


 
 
 
       G-6. Recommendation(s) for Instructional/Non-Instructional Discipline for the 2013-2014 School Year
AMENDMENT

Approve the recommendation(s) for discipline as listed on the attached list for Instructional / Non-Instructional staff.  All recommendation(s) are made with the understanding that these individuals will comply with regulations/policies as set forth by the Florida Department of Education and The School Board of Broward County, Florida.

This disciplinary action recommendation is a result of a positive finding on a Reasonable Suspicion test by the Broward District Schools Police Department pursuant to School Board Policy 2400.  The individual(s) involved have been provided the opportunity to appear and participate, with representation, in a pre-disciplinary hearing prior to submission of this recommendation.  The District has followed the School Board process for disciplinary action.  The requested action(s) is listed on the attachment.

There is no financial impact to the School District.


 
 
 

  H. Office of the General Counsel



  I. Office of the Superintendent



  J. Office of Facilities & Construction


       J-1. Award of Contract - Program Management Services - RFQ No. 2014-31-FC (See Items JJ-1 and JJ-2)(POSTPONED FROM 12/17/13 RSBM)
Approve the revisions to the Professional Services Agreement (PSA) and award the PSA for Program Management Services to URS Corporation Southern.

Superintendent's Negotiating Committee met with URS Corporation Southern and negotiated fees in accordance with the recommendations of the Superintendent's Parameters Committee and Article 5 of the Program Management Services Agreement. Under the RFQ, the purpose of this Agreement is to provide program management services to the Office of Facilities & Construction.  The term of Agreement is for one year with spending authority not to exceed $1,750,36 and may be renewed by Board approval in one-year periods for a maximum of three years and no more than $1,750,369 per year. A companion item (JJ-1) is being presented to request approval of the ATP for the actual negotiated fee in the amount of $1,750,369.

This Agreement has been reviewed and approved as to form and legal content by the Office of the General Counsel.

There is no financial impact at this time.  Staff shall present a scope of services and fee proposal in the form of an Authorization to Proceed (ATP) (Attachment 4 to the PSA) to the Board for approval separately.  Approval of the ATP shall authorize spending authority and will have a financial impact.


 
 
 

  K. Office of Financial Management



  L. Office of Portfolio Services


       L-1. Nova Southeastern University 2014 Office of Residential Life and Housing Conference Contract
Approve the Nova Southeastern University 2014 Office of Residential Life and Housing Conference Contract.

Nova Southeastern University (NSU) will be the site for the South Florida Summer Leadership Training Camp (SFLTC).  Approximately 300 students will be participating at the camp. SFLTC will be held from July 26 through August 1, 2014.  This year, funding for the leadership camp is generated through business donations and school club/organizations.  The registration fee per student is $375.  The registration fee covers student lodging, meals and course materials.  SLFTC is a four-night/five-day intensive leadership camp.

It is the policy of NSU not to sign their contract first for the use of their facility.  This contract will be executed by Nova Southeastern University following The School Board of Broward County, Florida's approval.  

This Contract has been reviewed and approved as to form and legal content by the Office of the General Counsel.

There is no financial impact to the district.  The source of funds is the registration fees paid by students and donations raised from businesses.


 
 
 
       L-2. Approve the Termination of the Charter School Agreement between Kathleen C. Wright Schools, Inc., (Kathleen C. Wright Leadership Academy - 5045), and The School Board of Broward County, Florida
Approve the Termination of the Charter School Agreement between Kathleen C. Wright Schools, Inc., (Kathleen C. Wright Leadership Academy - 5045), and The School Board of Broward County, Florida.

On August 16, 2011, Kathleen C. Wright Schools, Inc., (Kathleen C. Wright Leadership Academy - 5045), entered in to a Charter School Agreement with The School Board of Broward County, Florida, that became effective July 1, 2011, and covered a term of five years commencing on July 1, 2011, and ending June 30, 2016.

Pursuant to Section 1002.33(9)(n)(4), Florida Statutes, a Sponsor shall terminate a charter school agreement if the charter school earns two consecutive grades of "F".   On July 26, 2013, The Florida Department of Education released school letter grades for the 2012-2013 school year and, for the second consecutive year, the Kathleen C. Wright Leadership Academy - 5045, has received a state designated "F".  Kathleen C. Wright Schools, Inc., submitted a request for a waiver of termination to The State seeking a waiver of termination under Section 1002.33(9)(n)(4)(c), Florida Statutes.  On September 17, 2013, The State Board of Education denied the charter school's waiver request.  In addition to the mandatory termination under state law, Section 2.D.1.a of the Charter School Agreement states that "[t]he sponsor shall terminate a charter if charter school earns two consecutive school grades of 'F'."  

On October 1, 2013, The School Board of Broward County, Florida, authorized the Superintendent to notify Kathleen C. Wright Schools, Inc., (Kathleen C. Wright Leadership Academy - 5045), of the intent to terminate the Charter School Agreement.  That notice was delivered on October 2, 2013, and the Governing Board of Kathleen C. Wright Schools, Inc., failed to submit an appeal to the State.  Therefore, it is requested that The School Board of Broward County, Florida, authorize the Superintendent of Schools to provide Kathleen C. Wright Schools, Inc., (Kathleen C. Wright Leadership Academy - 5045), notification of the termination of the Charter School Agreement.  An Executive Summary is attached which provides in reasonable detail the grounds for the termination.  

A copy of all supporting documents is available at the Charter Schools Support office on the 12th floor of the K. C. Wright Administration Center.

A copy of all supporting documents is available online via the Broward County Public Schools eAgenda at: http://eagenda3.broward.k12.fl.us/cgi-bin/WebObjects/eAgenda.

This item has been approved as to form and legal content by the Office of the General Counsel.

There is no financial impact to the district.


 
 
 

  OPEN ITEMS



  AA. Resolutions


       AA-1. Mentoring Month Proclamation (ADDED ITEM) (SPECIAL ORDER: 1:00 P.M.)
Adopt Resolution #14-73 in support of Mentoring Month Proclamation.

January is recognized as Mentoring Month. The proclamation is to take the opportunity to recognize the importance and impact of mentoring on student success.

There is no financial impact to the School District.


 
 
 

  BB. Board Members



  CC. Board Policies


       CC-1. Proposed Revised Job Descriptions, Minimum Qualifications and Job Titles for Twenty-two (22) Positions in the Information Technology Department
Adopt the proposed revised job descriptions, minimum qualifications and job titles for twenty-two (22) positions in the Information Technology Department. This is the final reading.

The revision of these job descriptions supports the 2012-13 labor negotiations. The revision will ensure the job descriptions accurately reflect the current title, required qualifications and performance responsibilities of the positions in the Information Technology Department.

The revision of the job descriptions does not impact the pay grade or salary range of the existing positions. See attached Executive Summary.

Copies of all supporting documents are available at the Board Members' Office on the 14th floor of the K. C. Wright Administration Center and available online via the Broward County Public Schools eAgenda at:  http://eagenda3.broward.k12.fl.us/cgi-bin/WebObjects/eAgenda.

There is no financial impact to the District.


 
 
 
       CC-2. Proposed New Job Descriptions, Minimum Qualifications and Job Titles for the Information & Technology Department (POSTPONED FROM 12/17/13 RSBM - 7 New Positions)
MEMO TO VOTE DOWN

Adopt the proposed new job descriptions, minimum qualifications and job titles for the Information & Technology Department.  This is the final reading.

The newly created job descriptions for the Information and Technology Department supports the 2012-13 labor negotiations and the Department Strategic Plan of technology deployment for the District.

See attached Executive Summary.

Copies of all supporting documents are available at the Board Members' Office on the 14thfloor of the K. C. Wright Administration Center and available online via the Broward County Public Schools eAgenda at:   http://eagenda3.broward.k12.fl.us/cgi-bin/WebObjects/eAgenda.

There is no financial impact to the District for the 2013-14 School Year.


 
 
 
       CC-3. Revisions to School Board Policy 2314, Leases - Rental and Contracts of Real Property and Facilities Leased by the School Board
Adopt the revisions to School Board Policy 2314, Leases - Rental and Contracts of Real Property and Facilities Leased by the School Board at this final reading.

School Board Policy 2314 governs the long term lease of real property by the School Board. The proposed changes to the Policy are primarily meant to clarify certain provisions in the Policy, ensure that all lease agreements are processed for School Board consideration and formal approval by the Facility Planning & Real Estate Department, ensure that due diligent processes are followed for new leases and renewal of existing leases, stipulate minimum timeframes that new leases and lease renewals must be scheduled for School Board consideration and formal approval, and authorize school principals and facility directors to enter into short term rental agreements of no more than three (3) days in duration for the use of outside facilities without formal School Board approval.    

These revisions were discussed at the January 8, 2013 School Board Workshop, the February 21, 2013 Public Rule Development Meeting, the June 18, 2013 School Board Workshop, and was approved at first reading at the December 17, 2013 Regular School Board Meeting (RSBM).  

This revised Policy has been reviewed and approved as to form and legal content by the Office of the General Counsel.

There is no financial impact to the School District; therefore, this item does not require a Collaboration Form from the Capital Budget Department.


 
 
 
       CC-4. Revisions to School Board Policy 5000 Educational Facilities, Designation of Schools, School Attendance Zone Boundaries, Development of Positive Alternatives to Accommodate Growth, to Keep Schools Open, and to Eliminate, Consolidate, or Re-Purpose Schools
Adopt revisions to School Board Policy 5000, at this final reading.

School Board Policy 5000 guides the District in planning of educational facilities, designation of schools, school attendance zone boundaries, development of positive alternatives to accommodate growth, the process for keeping schools open, and/or the consolidation or re-purposing of schools.  Recommendations have been reviewed and approved by the Senior Leadership Team and School Board General Counsel Office.   

In accordance with School Board Policy 1001, The School Board of Broward County, Florida, has completed the review process for School Board Policy 5000.  These revisions were discussed at the September 24, 2013 School Board Workshop, the October 17, 2013 Public Rule Development Meeting, October 22, 2013 School Board Workshop, and at the first Public Hearing Meeting on December 17, 2013.

There is no additional financial impact to the School District, therefore, this item does not require a Collaboration Form from the Capital Budget Department.


 
 
 
       CC-5. Revisions to School Board Policy 5004.1 School Choice
Adopt revisions to School Board Policy 5004.1, at this final reading.

School Board Policy 5004.1 establishes school choice (Magnet Schools, NOVA, Opportunity Scholarship Program, reassignments, College Academy at Broward College, and Broward Virtual Schools) in the District.  Recommendations have been reviewed and approved by the Senior Leadership Team and School Board General Counsel Office.  

In accordance with School Board Policy 1001, The School Board of Broward County, Florida, has completed the review process for School Board Policy 5004.1.  These revisions were discussed at the September 24, 2013 School Board Workshop, the October 17, 2013 Public Rule Development Meeting, October 22, 2013 School Board Workshop, and at the first Public Hearing Meeting on December 17, 2013.

There is no additional financial impact to the School District, therefore, this item does not require a Collaboration Form from the Capital Budget Department.


 
 
 
       CC-6. Proposed New Job Descriptions, Minimum Qualifications and Job Titles for the Information & Technology Department (ADDED ITEM)
Approve the proposed new job descriptions, minimum qualifications and job titles for the Information & Technology Department.  This is the first reading.

These new job descriptions are part of the postponed item from the December 17, 2013 Regular School Board Meeting.  The newly created job descriptions for the Information and Technology Division supports the 2012-13 labor negotiations and the Division?s Strategic Plan for the District. See attached Executive Summary.

Copies of all supporting documents are available at the Board Members? Office on the 14thfloor of the K. C. Wright Administration Center and available online via the Broward County Public Schools eAgenda at:   http://eagenda3.broward.k12.fl.us/cgi-bin/WebObjects/eAgenda.

There is no financial impact to the District for the 2013-14 School Year.


 
 
 

  DD. Office of the Chief Auditor



  EE. Office of Strategy & Operations


       EE-1. Bid Recommendations $1,000,000 or Greater
Bid Recommendations $1,000,000 or Greater

Approve Bid recommendations as stated on the award recommendations.

BID TITLE LOCATION AMOUNT
14-040B Paper and Plastic Items for Materials Logistics $3,500,000
Cafeterias

*54-051R Propane Gas Environmental Conservation/ $2,500,000
Utility Management

2014-36-FC Asbestos & Miscellaneous Risk Management $1,400,000
Environmental Sample
Analysis

*School Board Policy 3320, Part II, Rule n, allows for the purchase of items from contract awarded by other city or county governmental agencies, other school boards, community colleges, or state university system cooperative bid agreements.  Award of this contract will allow the Supply Management & Logistics Department to release purchase orders for items awarded in this contract in a timely manner at contract prices. These requests do not increase current budgets.

Bid 14-040B covers paper and plastic items used by school cafeterias that are stocked in the Materials Logistics warehouse; e.g., plastic ware, cups, bowls, napkins, and gloves.

Bid 54-051R for propane gas is utilizing an award by the School Board of Miami-Dade County. This contract will cover the needs of the District for propane gas for the contract period.

Bid 2014-36-FC awards term contracts to contractors for procurement of asbestos, lead, PCB, and bio-aerosol sample analysis as needed, when needed, to meet scheduled and unscheduled projects needs as required.  If no Notice to Proceed or purchase order is issued, there is no entitlement to the contractor for any payments.

Board approval of these bid recommendations does not mean the amounts shown will be spent.  These amounts represent the estimated contract value and may be spread among the awarded vendors through the term of these contracts from available funds already included in various department and capital budgets.

All expenditures for this contract will come from existig approved department and capital budgets. Staff will provide a report to the School Board semi-annually detailing expenditures by contract.


 
 
 
       EE-2. Agreement with Lenovo (United States), Inc., for the Purchase of PCs, Laptops, and Technical Support
REVISED

Approve the piggyback of Broward College's contract Agreement between with Lenovo (United States), LLC Inc., and The School Board of Broward County, Florida, for the purchase of PCs, laptops, and technical support.

The District will begin to implement a technology acquisition plan that ensures equipment is current and operational starting with the 2013-2014 school year. To provide and refresh technology equipment to meet the educational and operational needs of the District, an appropriate refresh cycle must be established to begin to modernize its install-base of aging end-user computing devices. This project is to procure equipment for elementary, middle, high, and center schools to address the move to the common core, the new demands being driven by State online assessment, and the migration of instructional materials from print to digital formats.

Additional spending is needed from the previous Lenovo contract that was Board approved on April 23, 2013. This will allow the District to procure the equipment for schools, departments, centers, District projects, Title I, and other grant purchases.

This aligns with the District Education Technology Plan (DETP) 2013-2016, Goal 2: Technology in Learning - Leverage the power of technology to provide meaningful real-world learning experiences that engage and prepare students in a personalized learning environment to be college and career ready.

This Agreement has been reviewed and approved as to form and legal content by the Office of the General Counsel. This Agreement will be executed after School Board Approval.

The total projected expenditure is for $16,000,000. The funding sources are the approved capital budget of $8,400,000, Title 1 funding - $2,200,000; and $5,400,000 from other approved grants, schools, and department budgets.


 
 
 
       EE-3. Grant Applications - Post-submission
Approve the submission and award of the following grant applications:

A. eCYBERMISSION Mini-Grant, $3,759
B. Exxon-Mobil Education Alliance, $2,500
C. Interface Environmental Education Grants, $1,000
D. Target Field Trip Grant, $700
E. Wells Fargo Grant, $1,363

Copies of the Grant Applications are available at the Board Members' Office on the 14th floor of the K. C. Wright Administration Center and Executive Summaries are available online via the Broward County Public Schools eAgenda at: http://eagenda3.broward.k12.fl.us/cgi-bin/WebObjects/eAgenda.

The positive potential financial impact is $9,322 from various funding sources.  There is no additional financial impact to the district.


 
 
 

  FF. Office of Academics



  GG. Office of Human Resources


       GG-1. 2013-2014 School-Based Administrators Salary Schedule for Broward Principals and Assistants Association (BPAA) (SPECIAL ORDER: 2:00 P.M.)
Adopt the 2013-2014 School-Based Administrators Salary Schedule for the Meet and Confer group, Broward Principals and Assistants Association (BPAA).

This Agreement provides the following components for Principals and Assistant Principals for the 2013-2014 school year:

1) A step increase for all eligible Principals and Assistant Principals,
2) A lump sum payment equivalent to a step increase for employees on the top
step of the salary schedule.

The estimated financial impact of this Agreement is a total of $1,500,000 including fringe benefits for the 2013-2014 school year.  Funding Source:  Teacher Salary Allocation Funds approved by the State.


 
 
 

  HH. Office of the General Counsel


       HH-1. Employment Agreement between The School Board of Broward County, Florida and Douglas G. Griffin
Approve the Employment Agreement between The School Board of Broward County, Florida and Douglas G. Griffin.

On May 21, 2013, the Board approved the addition of an Assistant General Counsel position in the Office of the General Counsel to handle labor matters.  The position was advertised on August 30, 2013 and applications and resumes were accepted during the period of August 30, 2013 to October 1, 2013.  A total of thirty-one (31) applications were received.  The applications were screened and six candidates were recommended for interview.  
    
Interviews were conducted on November 13 and 20, 2013.  The interview team consisted of J. Paul Carland, II, General Counsel; Marylin Batista-McNamara, Deputy General Counsel; Amanda Bailey, (Acting) Chief Human Resources Officer; Dorothy Davis, (Acting) Director-Employee and Labor Relations; and Lerenzo Calhoun, Specialist-Employee and Labor Relations.  The interview team reached consensus that Douglas Griffin was the most qualified candidate for the position.  Mr. Griffin has been a practicing attorney for more than twenty (20) years specializing in labor and employment matters. He furthermore has extensive experience as a school law attorney both as the General Counsel to the School Board of Martin County, Florida for over ten (10) years and in a private capacity in the state of Illinois.  Mr. Griffin?s application and resume are attached.  The General Counsel reviewed the selection with the Superintendent and he concurred with the selection.
    
Mr. Griffin was notified that he was the successful candidate and he accepted the position.  A contract was negotiated with Mr. Griffin, which is attached.  The salary of $122,000.00 was negotiated based upon Mr. Griffin?s experience and qualifications and is below the average salary for comparable in-house labor / employment attorneys in Florida school districts.

The annual financial impact to the District, including benefits is $149,770.  The source of funds is the General Counsel's department budget.


 
 
 
       HH-2. Special Counsel Services Agreement by and between The School Board of Broward County, Florida and The Law Offices of Evan D. Carb for Specialized Legal Services
Approve the Special Counsel Services Agreement by and between The School Board of Broward County, Florida and The Law Offices of Evan D. Carb for specialized legal services.

The Law Offices of Evan D. Carb provides the school district with specialized legal services, representation before the Federal Communication Commission (FCC) consultation on policy and FCC matters related to BECON TV and ETS concerning district-held communications licenses.  Additional information regarding the services provided and the rate for such services is set forth in the attached Executive Summary.  

This Agreement has been reviewed and approved as to form and legal content by the Office of the General Counsel.

Specialized legal services will be provided on an as needed basis with the total not to exceed $25,000 annually, without additional Board approval. The source of funds is BECON's operating budget and revenue generating account.


 
 
 

  II. Office of the Superintendent



  JJ. Office of Facilities & Construction


       JJ-1. Approve Authorization to Proceed - Program Management Services - RFQ No. 2014-31-FC (See Items J-1 and JJ-2)(POSTPONED FROM 12/17/13 RSBM)
Approve the Authorization to Proceed in the amount of $437,592, and authorize the expenditure of up to $1,750,369.

This item approves the Authorization to Proceed ("ATP") (Exhibit 2) for Program Management Services in accordance with the terms and conditions of the Professional Services Agreement ("PSA") awarded to URS Corporation Southern and approved by the Board January 22, 2014.  This also authorizes the Office of Facilities & Construction to issue one or more ATPs for portions of the work included in this ATP as scheduled on page two of the ATP and to expend up to $1,750,369 for fees as negotiated and as delineated in Exhibit 2.  The work is related to the projects in Exhibit 3.

The Superintendent's Negotiating Committee met with URS Corporation Southern and negotiated fees in accordance with the recommendations of the Superintendent's Parameters Committee and Article 5 of the Program Management Services Agreement.  The purpose of this ATP is to commence Program Management Services for the Office of Facilities & Construction as delineated in Exhibit 2. Under the RFQ, the term of the Agreement is for one year with spending authority not to exceed $1,750,369 and may be renewed by Board approval in one-year periods for a maximum of three years and no more than $1,750,369 per year, as presented in J-1 (1/2214).

The financial impact is $437,592. The source of these funds is already identified in the Adopted District Educational Facilities Plan.


 
 
 
       JJ-2. Authorization to Proceed - Quality Assurance Monitoring/Program Manager Review - Construction and Operational Auditing Services - RFP 11-013V (See Items J-1 and JJ-1)(POSTPONED FROM 12/17/13 RSBM)
Approve the use of current RFP 11-013V, Construction and Operational Auditing Services to McGladrey, LLP for services pertaining to Quality Assurance, Monitoring and Program Manager Review and authorize the Office of Facilities & Construction to expend up to $170,000.

The School District is engaging a Program Manager to oversee the District's Capital Program. The Office of Facilities & Construction ("OF&C") shall provide primary oversight of the Program Manager and as an independent secondary means of oversight, the OF&C desires to engage McGladrey, LLP to perform quality assurance monitoring and review of the Program Manager, as well as review OF&Cs' internal controls of Program Manager ensuring adherence to Best Practices as recommended in McGladreys' June 2012 Operational Audit. In addition, McGladrey will provide quarterly reports of their findings on the Program Manager's performance and OF&C's controls. These reports will be transmitted to the Board on a quarterly basis via the office of OF&C and shall be presented to the Facilities Task Force for informational purposes.

This item authorizes the Office of Facilities & Construction to engage McGladrey, LLP   for services of independent review of Program Management Services in accordance with the terms of RFP 11-013V.

The financial impact is $170,000.  The source of these funds is already identified in the Adopted District Educational Facilities Plan.


 
 
 

  KK. Office of Financial Management



  LL. Office of Portfolio Services


       LL-1. First Amendment to the Existing Education Mitigation Agreement Related to Land Use Plan Amendment PC 04-2 as Amended by PCT 13-2
Approve the First Amendment to the existing Education Mitigation Agreement related to Land Use Plan Amendment PC 04-2 as proposed by the City of Pembroke Pines for 365 additional residential units included in Land Use Text Amendment PCT 13-2 located in the City of Pembroke Pines, as delineated in the First Amended Education Mitigation Agreement.

Approval of the First Amendment to the existing Education Mitigation Agreement for Land Use Plan Amendment PC 04-2 is being requested by the City of Pembroke Pines. The purpose is to enable the inclusion of 365 additional multi-family (5 townhomes, 288 garden apartments, and 72 mid-rise) residential units proposed (via Land Use Text Amendment PCT 13-2) in the City's Local Activity Center (LAC).  

In 2004, the City of Pembroke Pines entered into an Education Mitigation Agreement (?04 Agreement?) with Broward County and the School Board for Land Use Plan Amendment PC 04-2 to allocate 750 residential units (325 townhouse and 425 high-rise) in the LAC. Subsequently, in 2006, the City of Pembroke Pines entered into another Education Mitigation Agreement ("06 Agreement") with Broward County and the School Board for Land Use Text Amendment PCT 06-1 to allocate 250 additional high-rise residential units within the LAC.  Both the 04 Agreement and the 06 Agreement call for payment of per unit cost based on the amount calculated using applicable Student Station Cost Factors published by the State of Florida.

In 2013, the City of Pembroke Pines added 365 additional multi-family (5 townhomes, 288 garden apartments, and 72 mid-rise) residential units on an 11.052 acre site via Land Use Text Amendment PCT 13-2 within the previously approved LAC (PC 04-2). These additional units are anticipated to generate a maximum 89 additional students (44 elementary, 20 middle, and 25 high) into Broward County Public Schools.   
 
On November 19, 2013, the City of Pembroke Pines approved the First Amendment to the existing Education Mitigation Agreement related to Land Use Plan Amendment PC 04-2 as amended by PCT 13-2.  The First Amended Education Mitigation Agreement has been reviewed and approved as to form and legal content by Alan Gabriel, District Cadre Attorney. This Agreement will be executed after School Board approval.

There is an estimated positive financial impact to the District of $14,575 in a mitigation amount due and an estimated positive financial impact to the District of $1,329,912 in school impact fees due.


 
 
 
       LL-2. Premium Services Agreement Approval ? Florida Intercultural Academy Inc., (Florida Intercultural Academy, Location Number 5361)
Approve the Premium Services Agreement between The School Board of Broward County, Florida  (SBBC), and Florida Intercultural Academy Inc.

As part of the District?s Venture Design Initiative, and pursuant to Section 1002.33(20)(b), Florida Statutes, the Innovative Programs Design/Support Department has negotiated the terms of a Premium Services Agreement for fee-supported services with Florida Intercultural Academy Inc.  The attached agreement delineates the negotiated terms as well as the structure and components that will comprise the services purchased by the School.

A copy of all supporting documents is available at the Innovative Programs Design/Support Department on the 4th floor of the K. C. W. Administration Center.

This agreement has been approved as to form and legal content by the Office of the General Counsel.

There is estimated positive revenue to the District in the amount of $740.00 for this 2013-2014 Premium Services Agreement. This amount is based on the minimum contracted hours and may change depending on the actual total hours of service delivered throughout the academic year.


 
 
 
       LL-3. Premium Services Agreement Approval - Florida Intercultural Academy West Inc., (Florida Intercultural Academy West, Location Number 5422)
Approve the Premium Services Agreement between The School Board of Broward County, Florida  (SBBC), and Florida Intercultural Academy West Inc.

As part of the District's Venture Design Initiative, and pursuant to Section 1002.33(20)(b), Florida Statutes, the Innovative Programs Design/Support Department has negotiated the terms of a Premium Services Agreement for fee-supported services with Florida Intercultural Academy West Inc.  The attached agreement delineates the negotiated terms as well as the structure and components that will comprise the services purchased by the School.

A copy of all supporting documents is available at the Innovative Programs Design/Support Department on the 4th floor of the K. C. W. Administration Center.

This agreement has been approved as to form and legal content by the Office of the General Counsel.

There is estimated positive revenue to the District in the amount of $1,360.00 for this 2013-2014 Premium Services Agreement. This amount is based on the minimum contracted hours and may change depending on the actual total hours of service delivered throughout the academic year.


 
 
 
       LL-4. Class Size Reduction Compliance Plan for 2014-15
To certify the 2014-15 compliance plan for each non-charter school that was out of Class Size Reduction compliance during Survey 2 in October 2013.

Per F.S. 1003.03, each district that has not complied with the requirements in subsection (1) shall submit to the commissioner by February 1st a plan certified by the district school board that describes the specific actions the district will take in order to fully comply with the requirements in subsection (1) by October of the following school year.    With the submission of the School Board approved 2014-15 compliance plan to the FDOE by the February 1st deadline, the State?s Legislative Budget Commission, by February 15th, could reduce the final penalty amount (original amount less any reductions due to appeal) by up to (no more than) 75%.

If a district submits the certified plan by the required deadline, the funds remaining after the reallocation calculation for the districts that have fully met the class size requirements (amount of up to 50 percent of the base student allocation multiplied by the total district FTE students ? not to exceed 25 percent of the total funds reduced) shall be added back to the district's class size categorical allocation based on each qualifying district?s proportion of the total reduction for all qualifying districts for which a reduction was calculated.  No district shall have an amount added back that is greater than the amount that was reduced.


 
 
 
       LL-5. Extension of Lease Agreement Between The School Board of Broward County, Florida and The City of Pompano Beach, Florida
Approve the Extension of Lease Agreement  between The School Board of Broward County, Florida and the City of Pompano Beach, Florida

On February 17, 2004, the City of Pompano Beach entered into a ten (10) year lease agreement with The School Board of Broward County, Florida (SBBC) for the use of space in Building 9 (currently designated as Building 12) on the campus of Pompano Beach High School, and the lease agreement required that it pay a rental fee of One Dollar ($1.00) per year.  Over the years, the City ran a pre-school program for up to 4 year-old children in the leased facility, while SBBC utilized two classrooms in the Building for the Amanda?s Place program which served infants to 3 year old children.  The lease with the City will expire on February 17, 2014; however, in order not to disrupt school activities in the middle of its school year, the City has requested that the lease be extended until after the end of the school year or until June 30, 2014.  However, District staff?s concerns are that the leased facility has been cited for safety violations, and has identified defects and structural issues.  

For background purposes, Building 12 was constructed in 1954, and when the City entered into the agreement, there was acknowledgement that the Building at that time needed extensive repairs.  Also around that period, the Building was the subject of a District filed Castaldi plan which has since been approved by the Florida Department of Education (FDOE).  Despite these issues, the City desired to move forward with leasing the Building, with the acknowledgement that it would maintain the facility to make it habitable.  Thereafter, the lease was entered into for the stated period.  But over the years, critical components of the Building continued to deteriorate and have gotten worse.  To this end, pertinent District staff inspected the Building and recommended that defects found during its inspection are not worth repairing; and as such, the Building should be demolished.

The City plans to continue its pre-school program and has expressed desire to enter into a new lease agreement with SBBC at another School Board owned facility, but wants to remain at the current facility until June 30, 2014.  In consideration of the City?s request, a recent joint inspection of Building 12 was conducted by both District and City officials.  Consensus from the inspection required the City to correct a number of safety violations to ensure that the Building can be occupied temporarily through June 30, 2014.  The City has since corrected the violations to the satisfaction of the District?s Safety Department.  This Agreement has been reviewed and approved as to form and legal content by the Office of the General Counsel; and upon its approval by SBBC, the City will take formal action to do the same.     

There is a positive financial impact of $1.00 to the District; therefore, this item does not require a Collaboration Form from the Capital Budget Department.


 
 
 

  ADJOURNMENT


PURSUANT TO FLORIDA STATUTE 286.0105: If a person decides to appeal any decision made by the School Board with respect to any matter considered at a meeting or hearing, he/she will need a record of the proceedings, and for such purpose, he/she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.

Individuals with disabilities requesting accommodations under the Americans with Disabilities Act Amendments Act of 2008, (ADAAA) may call Equal Educational Opportunities (EEO) at 754-321-2150 or Teletype Machine (TTY) 754-321-2158.


Related Downloadable Files
   120213 Regular Meeting   
   121713 Regular Meeting