The School Board of Broward County, Florida Agenda




Regular School Board Meeting
January 18, 2005
Tuesday, 10:15 AM
Board Room of the Kathleen C. Wright Administration Center

600 Southeast Third Avenue

Fort Lauderdale, Florida
Rev. 0


  Call to Order



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



  MINUTES FOR APPROVAL


       1. December 7, 2004 – Regular School Board Meeting
 
 
 
       2. December 16, 2004 – Special Meeting
 
 
 
       3. December 21, 2004 – Special Meeting – Student Expulsions
 
 
 
       4. December 21, 2004 – Special Meeting – The Broward School Board Leasing Corporation Meeting
 
 
 

  ADDED ITEMS



  CLOSE AGENDA



  SPECIAL PRESENTATIONS



  REPORTS


       1. District Advisory Council
 
 
 
       2. Broward County Council PTA
 
 
 
       3. ESE Advisory Council
 
 
 
       4. Broward County Association of Student Councils and Student Advisor
 
 
 
       5. Technology Advisory Committee
 
 
 
       6. ESOL Leadership Council
 
 
 
       7. Employee Unions
 
 
 
       8. Facilities Task Force
 
 
 
       9. Supplier Diversity & Outreach Program Advisory Committee
 
 
 
       10. Diversity Committee
 
 
 
       11. Board Members
 
 
 
       12. Superintendent
 
 
 

  CONSENT AGENDA



  A. Resolutions


       1. Resolution in Support of Black History Month February, 2005
Adopt resolution number 05-46, Resolution in Support of Black History Month, February, 2005.

See text of the resolution.

There is no financial impact to the school district.


 
 
 
       2. Resolution # 05-47 Recognition of Career and Technical Education Week – February 13-19, 2005
Adopt Resolution # 05-47, in Recognition of Career and Technical Education Week, February 13-19, 2005.

The attached resolution recognizes the importance of career and technical education in the Broward County Schools and its significance in meeting the workforce development needs of our community.

There is no additional financial impact to the School District.  The district’s contribution to support this item is included in the Career, Technical and Adult/Community Education Department budget.


 
 
 
       3. Resolution In Support of National School Counselors’ Week, February 7-11, 2005
Adopt Resolution Number 05-48 in support of National School Counselors’ Week.

See text of resolution.

The district's contribution is in the department's general fund budget.  There is no additional impact to the school district.


 
 
 
       4. The Waiving of School Impact Fee for Lot 8, Block 1, Franklin Park, Plat Book 21, Page 3, City of Fort Lauderdale
Approve Resolution No. 05-49 which states that the School Board does not oppose action by The Broward County Board of County Commissioners under provisions of the Broward County Land Development Code, waiving approximately $4,192 of the school impact fee applicable to the construction of two additional 3-bedroom, very low income, townhouse, affordable housing units on Lot 8, Block 1, Franklin Park, Plat Book 21, Page 3, located on NW 8th Street, east of NW 24th Avenue, west of Interstate I-95 in the City of Fort Lauderdale, and proposed for development by Ms. Shalonda Copeland.

The project will consist of three 3-bedroom townhouse affordable housing units in a triplex building, and on September 9, 2004, the Board did not oppose the waiving of school impact fee for one of the townhouse units. Thus, this request is for two additional units. The project proposed for construction by Ms. Shalonda Copeland will provide affordable housing for very low income persons as defined in Division 6 of the Broward County Land Development Code Definitions, thus qualifying these units as eligible for consideration of a school impact fee waiver as cited under Section 5-184(b)(4) of the Broward County Land Development Code. Under this Section, a school impact fee waiver can be granted based on percentages in the following manner: Very Low Income - 100 percent, Low Income - 75 percent and Moderate Income - 50 percent. The Broward County Community Development Division certified the project as three 3-bedroom, very low income, townhouse, affordable housing unit in a triplex. Based on the current school impact fee ordinance (Ordinance 97-40, effective October 1, 2004), total school impact fee due for the two units is approximately $4,192. Based on criteria cited in Section 5-184(b)(4) of the Broward County Land Development Code, the total $4,192 qualifies for school impact fee waiver. Ms. Shalonda Copeland indicates that she is the developer of the project. She is not registered as a 501(c)(3) and is not a nonprofit organization. Schools affected in the 2004/05 school year are Dillard Elementary, Arthur Ash Middle and Dillard High School.

Financial Impact:  Potential loss of approximately $4,192 in school impact fee.


 
 
 

  B. Board Members



  C. Board Policies


       1. Revisions to Policy 5306 – School and District Technology Usage (DEFERRED 7/6/04, 8/17/04 & 10/5/04) (OPEN AGENDA)
Adopt the revisions to Policy 5306 at this final reading.

Policy 5306 was first adopted in 1996 and has been amended several times.  The Policy requires updating, including recommendations from the Technology Advisory Committee (TAC), to revise language regarding the TAC meetings, membership, attendance and voting rights.

Sections to be revised:  3b; 4j; 4l; 5b; 5b1b; 5b2a,b,c,d; 5b3c3,13,15; 5b3e,g; 5b4a,b; 5b5; 6a1,6; 6b1b; 7a3h

There is no financial impact to the school district.


 
 
 
       2. Proposed New and Revised Job Description and Minimum Qualifications for Human Resource Division Positions for The School Board of Broward County, Florida 2004-2005 Organizational Chart (OPEN AGENDA)
Adopt the attached proposed new or revised job description and minimum qualifications for Human Resource Division positions.  These new or revised positions were designated for study at the time the Organizational Chart was approved by the Board.  Approval is requested to advertise for vacant positions following the first reading.  This is the final reading.

See attached Executive Summary.

The financial impact is approximately $11,400.  The source of funding is the General Fund Unappropriated Fund Balance.


 
 
 
       3. Proposed New and Revised Job Descriptions and Minimum Qualifications for Operations Division Positions for The School Board of Broward County, Florida 2004-2005 Organizational Chart (OPEN AGENDA)
Adopt the attached proposed new and revised job descriptions and minimum qualifications of Operations Division Administrative, Supervisory, Professional & Technical Chart level positions.  Approval is requested to advertise for vacant positions after the first reading.  This is the final reading.

See attached Executive Summary for each position listed A through G.

There is no additional financial impact to the District as funding was approved with the FY2004-2005 Organizational Chart on 5/4/04.  Funds are included in the department’s 2004-2005 budget.


 
 
 
       4. Proposed New and Revised Job Descriptions and Minimum Qualifications for Finance Division Positions for The School Board of Broward County, Florida 2004-2005 Organizational Chart (OPEN AGENDA)
Adopt the proposed revised job descriptions and minimum qualifications of two (2) Finance Division Chart level positions.  This is the final reading.

See attached Executive Summary for each position listed A through B.

The financial impact to the District of the proposed revised job descriptions is approximately $7,209.  The source of funding is the General Fund Unappropriated Fund Balance.


 
 
 
       5. Proposed New Job Description and Minimum Qualifications for District Space Planner for The School Board of Broward County, Florida (OPEN AGENDA)
Adopt the attached proposed new job description and minimum qualifications for the District Space Planner position. Approval is requested to advertise for vacant positions following the first reading. This is the final reading.

See attached Executive Summary.

The financial impact to the District is approximately $70,420.  The source of funding is the 2004-2005 Capital Budget.


 
 
 
       6. Proposed New and Revised Job Descriptions and Minimum Qualifications for Administrative, Supervisory, Professional & Technical Positions for The School Board of Broward County, Florida 2004-2005 Organizational Chart (OPEN AGENDA)
Adopt the attached proposed new and revised job descriptions and minimum qualifications for Administrative, Supervisory, Professional & Technical Chart level positions.  Approval is requested to advertise for vacant positions after the first reading.  This is the final reading.

See attached Executive Summary for each position listed A through C.

There is no additional financial impact to the District as funding was approved with the FY2004-2005 Organizational Chart approved on 5/4/04.  The source of funding is the General Fund.


 
 
 
       7. Proposed Revised Job Descriptions and Minimum Qualifications for Human Resource Division Positions for The School Board of Broward County, Florida 2004-2005 Organizational Chart (OPEN AGENDA)
Approve the proposed revised job descriptions and minimum qualifications of three (3) Human Resource Division Chart level positions.  This is the first reading.

See attached Executive Summary for each position listed A through C.

There is no additional financial impact to the District. Funds are included in the department’s 2004-2005 budget.


 
 
 
       8. Proposed Revised Job Description and Minimum Qualifications for the Director, School Boundaries Position for The School Board of Broward County, Florida 2004-2005 Organizational Chart (OPEN AGENDA)
Approve the proposed revised job description and minimum qualifications for the Director, School Boundaries Chart level position.  This is the first reading.

See attached Executive Summary.

There is no additional financial impact to the District as funding was approved with the FY2004-2005 Organizational Chart on 5/4/04. The source of funding is the General Fund.


 
 
 
       9. Revision to Policy 4305 – Retirement Compensation-Non-Bargaining Unit Employees (Added Item)
Approve the revisions to Policy 4305 at this first reading.

Senate Bill 300, which was enacted by the 2004 Legislature, eliminated a 60-day statutory limit, imposed in 2001, on the amount of accumulated sick leave which could be paid to employees other than instructional or educational support as terminal pay.  Currently, administrators are the only employee category whose sick leave has been capped for terminal pay purposes.

Actuarial analysis of the fiscal impact of implementing Senate Bill 300 indicates that for administrators currently in the Deferred Retirement Option Plan (DROP) program, the increased cost of sick leave payout for 2001/02 through 2003/04 is $600,000.  The annual recurring cost of this action will be approximately $200,000.  The total potential cost for all administrators would be $2.0 to $2.5 million if all administrators were to resign from the District immediately.

The financial impact for employees in DROP is $600,000 in addition to an annual cost of $200,000.  The source of the funds is the unappropriated  fund balance.


 
 
 
       10. Rewrite of School Board Policy 7003 Pre-Qualification of Contractors and Selection of Architects, Engineers,Design Builders, Construction Managers, and Total Program ManagersPursuant to the Consultants’ Competitive Negotiation Act (DEFFERED FROM 12/21/04) (OPEN AGENDA) (ADDED ITEM) (TIME CERTAIN 11:15 A.M.)
Approve the rewrite of Policy 7003, and eliminate Policies 7009, 7010, and 7011. This is the first reading of School Board Policy 7003.

Replace existing policy with attached rewrite and eliminate Policies 7009 – Awarding Design-Build Contracts, 7010 – Awarding of Construction Management at Risk Contracts, 7011 – Pre-Qualification of Contractors.This would result with consolidation of policies 7003, 7009, 7010, and 7011 into a single policy and a more uniform pre-qualification and selection process.

There is no financial impact to the District.


 
 
 
       11. Revision of Rewrite of School Board Policy 7003 Pre-Qualification of Contractors and Selection of Architects, Engineers,Design Builders, Construction Managers, and Total Program ManagersPursuant to the Consultants’ Competitive Negotiation Act (OPEN AGENDA) (ADDED ITEM) (TIME CERTAIN 11:15 A.M.)
Approve the revision of the rewrite of Policy 7003, and eliminate Policies 7009, 7010, and 7011.  This is the first reading of School Board Policy 7003.

Due to input from the School Board Workshop on January 11, 2005, there has been a revision to the rewrite of Policy 7003. Replace existing policy with attached rewrite and eliminate Policies 7009 – Awarding Design-Build Contracts, 7010 – Awarding of Construction Management at Risk Contracts, 7011 – Pre-Qualification of Contractors.This would result with consolidation of policies 7003, 7009, 7010, and 7011 into a single policy and a more uniform pre-qualification and selection process.

There is no financial impact to the District.


 
 
 

  D. Office of The Chief Auditor



  E. Office of Deputy Superintendent, Operations


       1. Bid/RFP And Other Financial Recommendations $500,000 Or Greater (OPEN AGENDA)
Approve the Bid/RFP recommendations as stated on the attached award recommendation for each Bid/RFP listed below.

BID/RFP:  25-133X;  TITLE: Vehicles;  LOCATION: Vehicle Maintenance;  AMOUNT: $515,549

Board approval of these Bid/RFP recommendations does not mean that the amounts shown will be spent.  These amounts represent the spending authority recommended from available funds already included in various school/department/center budgets.

The financial impact of each Bid/RFP Recommendation is indicated on its respective exhibit.


 
 
 
       2. Bid/RFP And Other Financial Recommendations Less Than $500,000
Approve the Bid/RFP recommendations as stated on the attached award recommendation for each Bid/RFP listed below.

BID/RFP:  25-113N; TITLE:  Projector Carts, Television Stands and Projection Screens; CONTRACT PERIOD: January 18, 2005 through December 31, 2005; LOCATION: Various; AMOUNT:  $400,000; M/WBE VENDOR(S):  Includes an award recommendation to a certified M/WBE Vendor:  Quatro, Inc., (Hispanic Female M/WBE:  Southwest Ranches, Florida)

Income to the School Board:

BID/RFP:  25-115B; TITLE:  Furnish, Install, Stock and Maintain School Cafeteria Vending Machines; Contract period:  January 18, 2005 through June 30, 2008; LOCATION:  Various; M/WBE VENDOR(S):  Includes an award recommendation to  two certified M/WBE Vendors:  Gilly Vending, Inc., DBA Gilly Enterprises, Inc., (Hispanic M/WBE:  Miami, Florida), Family Vending Company, Inc., (Ice Cream Service, Inc., White Female M/WBE:  Pompano, Florida)

Board approval of these Bid/RFP recommendations does not mean that the amounts shown will be spent.  These amounts represent the spending authority recommended from available funds already included in various school/department/center budgets.

The financial impact of each Bid/RFP Recommendation is indicated on its respective exhibit.


 
 
 
       3. Additional Recommendations On Existing Contracts Less Than $500,000
Approve additional expenditures on previously approved term contracts as shown below.  The recommendations are requests for additional expenditures only and do not require any changes to the district budget.

A.  APPROVAL OF DEFAULT RECOMMENDATION ON THE FOLLOWING CONTRACTS:

1.  23-120B – Medical Supplies and Equipment (additional expenditure of $0, requested; $525,000 previously approved on 6/15/04; $625,000 originally approved on 3/04/03)

It is recommended that The School Board of Broward County, Florida, declare Integral Medical & Surgical in default on the performance of the bid conditions of the subject bid.  It is further recommended that their contract be canceled, that their company name be removed from the bid list for two years, that no bids considered from this vendor be recommended for award, and that no Purchase Orders be released to this vendor.  This additional recommendation is in accordance with General Conditions 3, 23, and 24 of their bid.  Bid Item 3, Physician’s Scale will be purchased from the catalog section of the bid.

2.  23-150B – Custodial Chemicals (additional expenditure of $0, requested; $1,150,000 previously approved on 6/15/04; $625,000 originally approved on 3/04/03)

It is recommended that The School Board of Broward County, Florida, declare Integral Sanitary Supplies in default on the performance of the bid conditions of the subject bid.  It is further recommended that their contract be canceled, that their company name be removed from the bid list for two years, that no bids considered from this vendor be recommended for award, and that no Purchase Orders be released to this vendor.  This additional recommendation is in accordance with General Conditions 3, 23, and 24 of their bid.  Bid Item 4, Non-Acid Toilet Bowl Cleaner will be purchased from South Florida Janitorial & Pool Supply.

3.  24-124B – Cardiopulmonary Resuscitation (CPR) Supplies and Equipment (additional expenditure of $0, requested; $125,000 previously approved on 6/15/04)

It is recommended that The School Board of Broward County, Florida, declare Belmex Medical Supply, LTD in default on the performance of the bid conditions of the subject bid.  It is further recommended that their contract be canceled, that their company name be removed from the bid list for two years, that no bids considered from this vendor be recommended for award, and that no Purchase Orders be released to this vendor.  This additional recommendation is in accordance with General Conditions 3, 23, and 24 of their bid.  Bid Item 3, Disposable Resuscitators will be purchased from the catalog section of the bid.

B.  APPROVAL FOR RENEWAL AND AN ADDITIONAL EXPENDITURE ON THE FOLLOWING CONTRACT:

1.  22-089R – Electric Motors (additional expenditure of $300,000 requested; $200,000 previously approved on 3/16/04; $50,000 previously approved on 12/9/03; $250,000 originally approved on 12/18/01)

It is recommended that the contracts with Ace Pump and Supply, Condo Electric Industrial Supply, Inc., Economic Electric Motors, H & L Electric Motor Repair, Inc., Johnstone Supply, Miller Bearings, Inc., MSC Industrial Supply and Rexel Consolidated Electric Supply, be renewed for an additional year from April 1, 2005 through March 31, 2006 in accordance with Special Condition 5 of the bid; that the contracts with South Florida A/C and Refrigeration Supply, Inc., (no longer in business) and W. W. Grainger, Inc. (not interested in renewing) not be renewed; and that the School Board authorize an additional expenditure of $300,000 to the subject contract.  The amount of the recommended spending authority is available from funds already included in the District budget.  This recommendation will allow the Maintenance Stockroom to continue purchasing electric motors as required through March 31, 2006, and will provide for an approximate total expenditure of $800,000 for the award period.

Items submitted for renewal approval have been evaluated to determine that satisfactory service is provided, and that the contract prices are currently the best value based on current vendor prices, comparable prices from other agencies and the Consumer Price Index (CPI) data. Recommendations are being made for additional expenditures on previously approved term contracts.  These recommendations are requests for additional expenditures only, and the amount is available from funds already included in the District budget.  These recommendations authorize additional expenditures until the expiration date of each contract, at which time the contract will be re-bid according to Board Policy unless the contract is renewed per the terms and conditions of the bidding documents.

These recommendations for additional spending authority will be funded from available funds already included in various school/department/center budgets or as described in the Summary Explanation and Background.


 
 
 
       4. Agreement To Continue To Provide The Cost Recovery Services For Medicaid Fee For Service Program
Approve the agreement between the School Board of Broward County and Public Consulting Group, Inc. in order to continue to provide cost recovery services under RFP 20-300N Cost Recovery Services for the Medicaid Fee for Service Program to be co-terminous with RFP 23-031E Electronic Management System.

On December 21, 2004, the School Board of Broward County, Florida authorized staff to enter into negotiations with Public Consulting Group, in order to continue to provide cost recovery services under RFP 20-300N Cost Recovery Services for the Medicaid Fee for Service Program.  The services provided, include, but are not limited to, comprehensive data collection, identifications of Medicaid eligibility, electronic documentation and tracking of services, staff training, claim processing and rate setting.  The continuation of Medicaid Cost Recovery Services provided under RFP 20-300N is necessary to maximize the Medicaid revenue recovery reimbursed to the district under RFP 23-031E Electronic Management System awarded by the Board at the October 15, 2002.

The financial impact to the District is $12,000 per month.  This expenditure will be funded from available funds from Medicaid Reimbursement.


 
 
 

  F. Curriculum and Instruction Student Support


       1. Continuation of the Even Start Family Literacy Program
Approve the continuation of the Even Start Family Literacy Program with the Florida Department of Corrections.

The Florida Department of Corrections funds the Even Start Family Literacy program operated by the Career, Technical, and Adult/Community Education (CTACE) Department.  The program provides academic instruction, parenting skills, training, intergenerational activities and life management skills for inmates and their children.  It affords the opportunity for incarcerated parents to be involved in their children’s education despite confinement.  Parents with children under the age of eight are served at Broward Correctional Institution and Hollywood Work Release Center, located in Pembroke Pines.  Since the inception of the program, over 1,300 persons have been served including children, parents and caregivers.

The Career, Technical, and Adult/Community Education Department have been administering the Even Start Family Literacy Program for the Florida Department of Corrections since 1995.  The annual cost to administer the program is $109,751.  The School Board is being reimbursed for the total cost from the Florida Department of Corrections.

The financial impact is $109,751.  The source of funds is The Florida Department of Corrections. The district’s contribution is included in the CTACE budget.  


 
 
 
       2. Contract with Family Central Inc. (FCI) for the 2004-05 School Year
Approve the contract between The School Board of Broward County, Florida (SBBC) and Family Central, Inc. (FCI).

Approval of this contract will allow the School Board to receive funds through Family Central, Inc. as a subcontractor to its current project with the Broward School Readiness Coalition (BSRC). Castle Hill Elementary and Cypress Elementary will serve as feeder elementary hubs for this project.  Each hub acts as the link for 10 community based childcare centers.  The major goal is to improve the quality of school readiness services.  This will be done through technical assistance and training for community childcare providers.  Additionally, the  project  will provide services to more than 440 four-year-olds in the community to enable them to enter Kindergarten better prepared to learn.  As part of this collaboration, Nova Southeastern University has been contracted by FCI to provide train-the-trainer services in the areas of early literacy, mathematics, and inclusion.

This contract is approved by legal counsel as to form.

The financial impact is $340,000. The source of funding is Family Central, Inc. through its contract with BSRC.  The district’s contribution is included in the department’s budget.


 
 
 

  G. Human Resources


       1. Personnel Recommendations for Instructional Appointments and Leaves for 2004-2005 School Year
Approve the personnel recommendations for 2004-2005 appointments and leaves as listed on 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 State Department of Education and The School Board of Broward County, Florida.

The Personnel Recommendations for Instructional Employees include the following items:

1.Teacher Approvals
2.Substitute Teacher Approvals
3.Interim Substitute Teachers
4.Part-time Teacher Approvals
5.Teacher Extension of Calendar
6.Instructional Leaves

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


 
 
 
       2. Personnel Recommendations for Instructional Separation of Employment and Discipline for the 2004-2005 School Year
Approve the personnel recommendations for separation of employment and discipline as listed on 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 State 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 additional financial impact to the School District.  


 
 
 
       3. Personnel Recommendations for Non-Instructional Appointments and Leaves for the 2004-2005 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 with the understanding that these individuals will comply with regulations/policies as set forth by the Florida State 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 Promotion(s)
3. Non-Instructional Reassignment Demotion(s)
4. Non-Instructional Substitutes/Temporaries
5. Non-Instructional Leave(s)
6. District Managerial/Professional/Technical
7. Reassignment Current Managerial/Professional/Technical
8. School-Based Managerial
9. School-Based/District Managerial Acting/Special/Task Assignment(s)
10.School-Based/District Managerial/Professional/Technical Leave(s)
11.Salary Adjustment

There is no additional financial impact to the school district.  Funding for personnel recommendations has been reserved in the budget.


 
 
 
       4. Personnel Recommendations for Non-Instructional Separation of Employment and Discipline(s) for the 2004-2005 School Year
AMENDMENT

Approve the personnel recommendations for separation of employment and 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 State 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 Termination(s)/Suspension(s)
Managerial and Professional/Technical Resignation(s)/Retirements(s)
Managerial and Professional/Technical Suspension (s)/Termination(s)

There is no financial impact to the School District.


 
 
 
       5. Supplemental Pay Positions – List # 9
Approve the recommended supplemental pay positions of employees for the 2004-2005 school/fiscal year.

Employees are recommended for supplemental pay positions by Principals or Department Supervisors and approved by the Area Superintendent or appropriate Division Head. Supplemental positions are listed alphabetically by last name, with location and supplement type.

The Specific 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 2004-2005 school year.

Individuals may be recommended for task assignments that improve the school’s/department’s programs and/or operations. A computer-generated list of those names is printed and attached revealing all individuals recommended for Non-Specific (SPL). Non-Specific Supplements are additional Task Assignments performed beyond the employee’s regular day based on the recommendations of the direct supervisor.

Individuals listed meet the requirements for the supplemental positions.  The total number of Supplements recommended in this item is 301.

Funding has been Budgeted in 04-05 fiscal year for all supplements through June 30, 2005.


 
 
 
       6. Recommendation(s) for Instructional/ Noninstructional Discipline for the 2004-2005 School Year
Approve the recommendation(s) for discipline as listed on the attached list for Instructional/Noninstructional staff.  All recommendation(s) are made with the understanding that these individuals will comply with regulations/policies as set forth by the Florida State Department of Education and The School Board of Broward County, Florida.

This disciplinary action recommendation is a result of an investigation by the Office of Professional Standards & Special Investigative Unit.  The individual(s) involved have been provided the opportunity to appear and participate, with representation, before the Professional Standards Committee and in a pre-disciplinary hearing prior to submission of this recommendation.  We have followed the School Board processes for disciplinary action.  The requested action(s) is listed on the attachment.

There is no financial impact to the School District.


 
 
 

  H. Attorney



  I. Office of the Superintendent


       1. (WITHDRAWN) Proposed School Board of Broward County, Florida, 2005-2006 and 2006-2007 School Calendars
WITHDRAWN

Approve the attached proposed School Board of Broward County, Florida, 2005-2006 and 2006-2007 School Calendars.

The Calendar Committee comprised of representatives from the various bargaining units, PTA, District Advisory Council, teachers, principals, the department of Employee Relations, Continuous Quality Improvement, Research and Evaluation, Student Choice/School Boundaries, Student Assessment, and Advanced Academic Programs, established the attached school and employee calendars.  The school calendars reflect 6 paid employee holidays, 10 employee planning days and 6 early release days beginning in October and ending in June.  See attached Executive Summary for specific calendars.

There is no financial impact to the School District.  Funding has been reserved in the budget.


 
 
 
       2. Approve BECON Legislative Funding Request
Approve the legislative funding request for BECON TV Educational Programming.

The Broward Education Communications Network (BECON) is the instructional and broadcast television station licensed to the School Board of Broward County, Florida.  BECON has a proven history of producing high quality educational and instructional television programming for K-12 students.  This type of programming can greatly enhance classroom instruction and provide a valuable resource to augment the curriculum.  BECON is making a legislative funding request in the amount of $750,000 to develop a series of programs addressing curriculum in one or more of the following areas: mathematics, science, reading, writing, and social studies.  Products for statewide distribution would include television programs in broadcast, DVD, and video or Web-streamlined format.  Accompanying materials would include teacher guides, interactive classroom activities, and training will be offered for curriculum specialists from all Florida schools on implementation of the programs.

Financial Impact:  If the request is approved by the Florida Legislature, it could result in up to $750,000 for BECON.


 
 
 

  J. Facilities and Construction Management


       1. Approve Final Construction Documents and Authorization to Advertise for Bids A.C. Perry Elementary School, Miramar Classroom Addition and IAQ Project No. 1631-99-01
Approve Final Construction Documents and Authorization to Advertise for Bids for A.C. Perry Elementary School, Classroom Addition and IAQ, Project No. 1631-99-01.

Project Consultant:  Roy D. Smith & Associates, P.A.

Scope of Work:  Construct a new twelve-classroom addition and Indoor Air Quality to the existing building.

Final Construction Documents are available for review at the Facilities and Construction Management Division.

The funds for this item are included in the Adopted District Educational Facilities Plan, Fiscal Years 2004-2005 to 2008-2009, page 64.


 
 
 
       2. Final Acceptance and Release of Retainage Total Program Management Class Size Reduction Modulars Project Nos. 1131-24-25/ 2981-24-25/ 2631-24-25/ 2691-24-25/ 2871-24-25/ 0531-24-25/ 1641-24-25 (OPEN AGENDA)
Approve Final Acceptance and Release of Retainage of the Total Program Management contract for Class Size Reduction in the amount of $777,135 for Project Nos. 1131-24-25/ 2981-24-25/ 2631-24-25/ 2691-24-25/ 2871-24-25/ 0531-24-25/ 1641-24-25.

The contractor, James B. Pirtle Construction, Inc. has completed the project within the contract time limits.  The previously approved contract value of $11,098,467 is reduced by $300,180 to $10,798,287, reflecting the cost savings achieved by the Total Program Management firm.

The funds being released totaling $777,135 are included in the Class Size Reduction funds.  This reflects a savings of $300,180 to the District.


 
 
 
       3. License Agreement between The School Board of Broward County, Florida, and Coral Ridge Mall for the Annual Science Fair
Approve the License Agreement between The School Board of Broward County, Florida, and Coral Ridge Mall for the Annual Science Fair.  

The School Board's Department of Student Activities is holding their Annual Science Fair at Coral Ridge Mall beginning February 3 through February 6, 2005.  The event is to highlight the science projects of over 515 students from over 57 schools.

The Coral Ridge Mall has requested the School Board execute this agreement first.  

The Board Attorney has approved this agreement as to form.

There is no financial impact to the District.


 
 
 
       4. Grant of Utility Easement to Bellsouth Telecommunications for Installations at Attucks Middle School Site #34.3
Approve the Grant of Utility Easement to Bellsouth Telecommunications for installations at Attucks Middle School Site #34.3.

The proposed 10 foot utility easement was requested from Bellsouth Telecommunications to provide service to the Attucks Middle School Site.  Bellsouth will be utilizing the easement to complete the installation of the Metro Ethernet Project at this site.  

The School Board Attorney has approved the easement as to form.  

There is no financial impact to the School District.


 
 
 
       5. Approve Final Construction Documents and Authorization to Advertise for Bids Coral Springs High School, Coral Springs Exterior and Interior Remediation Project No. 1151-99-05
Approve Final Construction Documents and Authorization to Advertise for Bids for Coral Springs High School, Exterior and Interior Remediation, Project No. 1151-99-05.

Project Consultant:  Gaudet & Associates, Inc.

Scope of Work:  Exterior and interior remediation and repairs to existing building.  

Final Construction Documents are available for review at the Facilities and Construction Management Division.

The funds for this item are included in the Adopted District Educational Facilities Plan, Fiscal Years 2004-2005 to 2008-2009, page 99.


 
 
 
       6. Selection of Walter H. Keller, Inc., and Agreement Between The School Board of Broward County, Florida and Walter H. Keller, Inc. to Develop the Student Generation Rate/School Impact Fee Study, Phase II
Approve the selection of Walter H. Keller, Inc. and authorize the execution of the Agreement Between The School Board of Broward County, Florida and Walter H. Keller, Inc. to develop the Student Generation Rate/School Impact Fee Study, Phase II.

Student generation rates which are utilized to determine the number of elementary, middle and high school students anticipated from proposed residential developments, and school impact fees which are required to be paid for all proposed residential developments are contained in the adopted Broward County Land Development Code (BCLDC). Historically, the student generation rates and school impact fees are updated based on the results and recommendations from a study conducted by the School District in collaboration with Broward County. The recommended rates and schedule are then approved by the School Board and transmitted to the Broward County Commission for adoption into the BCLDC.

In 1993, Broward County Public Schools' staff in coordination with Broward County staff conducted a major study on the student generation rate/school impact fees. The study addressed single family, townhouses, villa, duplex, garden apartments and high-rise units and mobile homes. In 1997, Broward County Public Schools' staff in coordination with Broward County staff conducted an update to the 1993 study and shared the results with the Broward League of Cities Technical Advisory Committee (TAC). The study only reviewed and revised single family student generate rates, but modified school impact fees for all residential types/bedroom mix.

In 2002, certain Broward County Commissioners, the Broward County Planning Council (BCPC) and several municipalities indicated that the generation rates were too low, questioned the methodology utilized in deriving the rates and requested the development of a new study to update the generation rates and school impact fees schedule. Based on these concerns, the School Board directed staff to pursue efforts to develop a new Study. To adequately address these concerns, staff in coordination with Broward County and municipal staff members formed a committee to guide the development of the study. In May 2003, a Phase I Study towards this goal was completed and findings of the Phase I Study was shared with the School Board, BCPC, Broward County Commission and interested parties. Based on the findings of the Phase I Study, the directive to staff was to move forward and conduct a Phase II Study.

Request for Proposals (RFP) 25-120N was advertised for this purpose, and on November 29, 2004 the RFP Evaluation Committee met to consider various submitted proposals and selected Walter H. Keller, Inc. to conduct the Phase II Study. Therefore, it is recommended that the Board should approve the selection of Walter H. Keller, Inc. and authorize the execution of the attached Agreement (Exhibit 1) with Walter H. Keller, Inc. to develop the Student Generation Rate/School Impact Fee Study, Phase II.

The financial impact will be $92,000 in Cost of Services to develop the Study.


 
 
 
       7. Approve Final Construction Documents and Authorization to Advertise for Bids New Multipurpose Building and Eight Classroom Addition Pompano Beach Middle School Project No. 0021-21-01 (OPEN AGENDA)
Approve Final Construction Documents and Authorization to Advertise for Bids
New Multipurpose Building and Eight Classroom Addition Pompano Beach Middle School
Project No. 0021-21-01.

Project Consultant:  Zelch and McMahon, Architects

Scope of Work:  New Eight Classroom Building; Fire Alarm System, and a Replacement Generator; New Multipurpose & Food Service Building; ADA Restroom Renovations; Walkway Cover around Building, Equipment (Kitchen and others), Civil & Site work to include, Site Drainage Improvements, New Bus Loop, New Parking, Remodeled Parent Pickup/Drop Off, and Remodeled Administration Parking.

The current construction budget is $4,110,123, and the consultant’s probable cost of construction is $7,564,900.  Therefore, approval of this item may result in a budget deficit of approximately $3,500,000.

The sources of funds are identified in the Adopted District Educational Facilities Plan, Fiscal Years 2004-2005 to 2008-2009, page 90.


 
 
 
       8. Educational Mitigation Agreement Between The School Board of Broward County, Florida, Broward County and the City of Dania Beach Regarding Land Use Plan Amendment PC 03-6 (OPEN AGENDA)
Approve the Educational Mitigation Agreement Between The School Board of Broward County, Florida, Broward County and the City of Dania Beach to enable legal enforcement of the City's voluntary mitigation commitment regarding Land Use Plan Amendment PC 03-6, and as set forth in Exhibit 1.

The School Board of Broward County, Florida is a party to the Interlocal Agreement for Public School Facility Planning, along with Broward County and 26 municipalities. Pertinent sections of the Agreement enables the District to review proposed residential developments that could increase residential density and affect overcrowded Broward County Public Schools. Section 7.8 of the Agreement calls for the mitigation of additional students anticipated from the proposed development. Furthermore, Rule 13 "Local Government Voluntary Mitigation Options" lists the payment of cost per student station as determined and published by the State of Florida, as the primary mitigation option for Local Activity Center (LAC) land use designations proposed by local governments. The Rule also allows local government to propose an alternative mitigation option that is acceptable for District purposes, but such proposal must be subject to specific School Board approval. Rule 14(c)(1) "Local Government Voluntary Commitment" requires that local governments who voluntarily agree to the payment of cost per student station as mitigation for students anticipated from proposed LAC shall enter into tri-party interlocal agreement with the School Board and Broward County to enable legal enforcement of such voluntary commitment.

In Land Use Plan Amendment (LUPA) PC 03-6, the City of Dania Beach proposed a land use change from Commercial, Commercial Recreation, Industrial and Community Facility to a LAC designation, to enable the development of 2, 465 residential units consisting of 100 townhouses, 200 garden apartment and 2, 165 high rise units. In the development review report dated June 13, 2003, staff determined that the proposed residential units will generate 277 (161 elementary, 57 middle and 59 high school) students into Broward County Public Schools, and schools affected in the 2002/03 school year were Dania Elementary, Olsen Middle and South Broward High School. During the development review process and public hearing for the application, the City voluntarily agreed to require the payment of the cost per student station as determined and published by the State of Florida, as mitigation for the number of students anticipated from development of the units. Broward County approved and adopted the proposed land use designation, and made the City's voluntary mitigation commitment a condition for approval of the land use designation. Additionally, the County required mechanism to enable legal enforcement of the voluntary commitment.

The payment of the cost per student station as committed to by the City would be paid by developers of parcels of land contained within the boundaries of the LAC in lieu of the County required school impact fees for the proposed unit types. Based on the current school impact fee schedule (effective October 1, 2004), the school impact fee that would have been due for the proposed units is $2,122,525. Based on the current Student Station Cost Factors, February 2004, and utilizing the October 2003 figures, the total cost per student station amount due would be $4,196,649, or approximately $2,074,124 above the County required school impact fee. This amount will be paid prior to developers obtaining building permit for pertinent units. Therefore, the additional amount received by the District will accumulate over time depending on the number of years it takes to develop all 2,465 units. However, it is anticipated that the actual additional revenue to the District will increase over time since payments due will be based on the effective cost per student station amount in each particular month. The City passed and adopted the Agreement on October 12, 2004. Thus, it is recommended that the School Board should approve the Educational Mitigation Agreement.

The financial impact will be approximately $2,074,124 in additional revenue, above the County required school impact fee to the School District .


 
 
 
       9. Reduction of Retainage Hallandale Adult & Community Center, Hallandale 12 Classroom Addition Project No. 0592-99-01
REVISED Approve the recommendation to reduce retainage now being held on the Hallandale Adult & Community Center, Project No. 0592-99-01 from the General Contractor, Terre Neuve, Inc., from $113,927 to $87,071 $26,856. In accordance with School Board Policy 7005, the Facility and Construction Management Division is recommending that the retainage be reduced from 4% to 1%. This project has received a Partial Temporary Certificate of Occupancy. The amount of $87,071 $26,856 is being withheld at this time pending final completion and close out documents. This project will be brought back to the Board for further Release of Retainage. The funds being released in the amount of $26,856 $87,071 are included in the Adopted District Educational Facilities Plan, Fiscal Years 2004-2005 to 2008-2009, page 120.

 
 
 
       10. Amend the Professional Services Agreement Lake Forest Elementary School, Pembroke Park Project No. 0831-99-01
Approve an amendment to the Professional Services Agreement dated July 16, 1999, between The School Board of Broward County, Florida and M.C. Harry and Associates, by increasing the Basic Services Fee by $32,798.43 to cover expenses for extended time in the contract.

The Construction Phase has extended past the contract completion date of September15, 2004, as a result of contractor delays.

The claims consultant Jim Tucker, Inc., reviewed the fee and recommended the proposed change, as requested by the project consultant.

The approved agreement for Basic Services is $340,000.  This amendment will increase the Basic Services Fee to $372,798.43.  The requested contract increase of $32,798.43 does not constitute a financial impact to the District.  The project contingency has been increased by $922,476 to reflect the budget as identified in the Adopted District Educational Facilities Plan 2004-2005 to 2008-2009.


 
 
 
       11. Change Orders
Approve Change Orders as listed for various school projects.

Atlantic Technical Center; Change Order 009; Total:  $5,409
Unforeseen Condition  $5,409

Coral Cove Elementary; Change Order 008; Total:  $14,600
Consultant Error  $2,090
Owner Request  $4,103
Unforeseen Condition  $8,407

Deerfield Beach High; Change Order 012; Total:  $108,541
Other  $102,008
Unforeseen Condition  $6,533

Ely, Blanche High; Change Order 026; Total:  $16,811
Consultant Error  $6,249
Other  $574
Owner Request  $2,255
Unforeseen Condition  $7,733

Hallandale Adult & Community Center; Change Order 018; Total:  $-10,668
Consultant Error  $-10,668

Lake Forest Elementary; Change Order 011; Total:  $62,310
Other  $10,430
Owner Request  $51,880

McNab Elementary; Change Order 029; Total:  $28,506
Consultant Error  $8,848
Owner Request  $15,384
Unforeseen Condition  $4,274

Pompano Beach High & North Area Admin.; Change Order 029; Total:  $72,600
Other  $7,468
Owner Request  $63,346
Unforeseen Condition  $1,786

Tedder Elementary; Change Order 011; Total:  $4,813
Other  $3,908
Owner Request  $905

Financial Impact: Ely, Blanche High - 0361-21-01 $16,811; Lake Forest Elementary 0831-99-01 $62,310; Pompano Beach High - 0181-99-51 $72,600.


 
 
 
       12. Release of Road Impact Fee Lien Agreement and Statement of Acknowledgement Hale Plat-Dave Thomas Education Center (West)
Approve the Release of Road Impact Fee Lien Agreement and Statement of Acknowledgement-Hale Plat-Dave Thomas Education Center (West) which is required for the plat approval and recordation.

On February 10, 2004, the Board of County Commissioners enacted an ordinance amending the Broward County Land Development Code and Chapter 27 of the Code of Ordinances revising the time assessment and payment of road, transit and school impact fees.  The ordinance requires the assessment and payment of these impact fees prior to the Department of Planning and Environmental Protection (DPEP) construction approval, instead of prior to recordation of the agreement to amend the note on the plat.

In addition the new ordinance, effective March 1, 2004, requires the termination of existing impact fee agreements for application to amend the note on the plat approved after the effective date of the ordinance.

The assessment of Road Impact Fees only applies to Commercial developers in the Hale Plat. Chapter 1013 Florida Statues exempts public schools from impact fees.

DPEP requires the School Board execute this agreement first.

The School Board Attorney has approved this Agreement as to form.

There is no financial impact to the School District.


 
 
 
       13. Reduction of Retainage Driftwood Elementary School, Hollywood Master Plan Stage II/Phase Replacement Project No. 0721-94-02
Approve the recommendation to reduce retainage now being held on the Driftwood Elementary School, Project No. 0721-94-02 from the General Contractor, South Florida Construction Services Inc., (SFCS, Inc.) from $44,046 to $1,000.

In accordance with School Board Policy 7005, the Facilities and Construction Management Division is recommending that the retainage be reduced from $44,046 to $1,000.

The project has reached Substantial Completion.  The amount of $1,000 is being withheld at this time pending final closeout of the project.

Subsequent to Final Completion, this project will be brought back to the Board for Final Acceptance and Release of Retainage.

The funds being released totaling $43,046 are included in the Adopted District Educational Facilities Plan, Fiscal Years 2004-2005 to 2008-2009, page 43.


 
 
 
       14. Contract Amendment Martin Luther King Elementary School New Multipurpose/Remodeling/Renovations Project No. 1611-98-01 (ADDED ITEM)
Approve a contract amendment for an increase in the scope of work at Martin Luther King Elementary School.  The cost for the additional scope of work is $286,365.

An agreement with AVI Contractors, Inc., was approved by the Board at the November 12, 2002 Board Meeting, Agenda Item J-21. The Building Department cited various requirements towards the end of Phase I construction.  In order to obtain occupancy, a Temporary Certificate of Occupancy (TCO) was issued by the Building Department until a new fire sprinkler system is installed.  The total contract price for the additional work will be $286,365.

There is an additional financial impact to the District in the amount of $286,365 that will come from the Capital Projects reserve.


 
 
 
       15. Amend the Adopted District Educational Facilities Plan and Revise the Total Program Management Program Tequesta Trace Middle School, Weston Tropical Elementary School, Plantation (OPEN AGENDA) (ADDED ITEM)
Approve the amendment to the Adopted District Educational Facilities Plan by adding an 8-classroom addition for Tequesta Trace Middle School, and a 6-classroom addition for Tropical Elementary School.

Both schools are critically overcrowded and will be unable to accommodate students for the 2005-06 school year.

Tequesta Trace Middle - Projected Enrollment:1,696  FISH Capacity:1,017  Gross Capacity:1,257
Tropical Elementary - Projected Enrollment:936  FISH Capacity:618  Gross Capacity:707

The financial impact is $2,268,000.  This funding is identified in the Adopted District Educational Facilities Plan as part of the Class Size Reduction appropriation.  


 
 
 

  K. Office of Chief Financial Officer


       1. Interim Financial Statements for the Period Ended October 31, 2004.
Approve the Interim Financial Statement for the period ended October 31, 2004.

Financial Statements are required to be submitted to the School Board, pursuant to State Board Administrative Rule 6A-1.008.

There is no financial impact to the District.


 
 
 
       2. Revision to Capital Projects Funds Budget Amendments
Approve the attached Capital Projects Funds Amendments for Fiscal Year 2004-05.  These amendments cover the month of December 2004.

These amendments are being submitted to reflect additional revenues and appropriations of the Capital Projects Funds in order to:

1) Recognize an increase in estimated revenue
2) Adjust appropriations
3) Reallocate budgeted funds
4) Allocate time and travel to projects

Financial Impact:  Recognize revenue received in the Capital Fund as of 12/31/04.



 
 
 
       3. Revision to General Fund Amendment
Approve the attached General Fund Amendment I-3 for Fiscal Year 2004-2005.

This amendment is for the purpose of updating the Broward County School District Budget for changes in Revenues and Appropriations due to the recognition of new revenue or the adjustment of projected revenue.

Financial Impact:  Recognize revenue received in the General Fund through 11/30/04.


 
 
 
       4. Revision to Special Revenue (Other) Amendment
Approve the attached Special Revenue (Other) Amendment IV-3B for Fiscal Year 2004-2005.

This amendment is for the purpose of updating the Broward County School District Budget for changes in Revenues and Appropriations due to the recognition of new revenue or the adjustment of projected revenue.

Financial Impact:  Recognize changes in Revenues and Appropriations due to new revenue or the adjustment of projected Revenue through 11/30/04.


 
 
 

  SPEAKERS


       1. Greg Bush
 
 
 
       2. Barney Schlesinger (ADDED)
 
 
 
       3. Tom Jenkins (ADDED)
 
 
 
       4. Monique Dalomba (ADDED)
 
 
 

  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 (ADA) may call the Equal Educational Opportunities Department at (754) 321-2150 or TDD# (754) 321-2158.

Related Downloadable Files
   12/7/04 Regular Mtg. Minutes   
   12/16/04 Spec. Mtg. Minutes