FancyBox 1.3.4 | Demonstration  

Review Contracts and Agreements/Procurement


Non-Public Meetings of the Board/Attorney-Client Sessions

0166

Attorney-Client Sessions - Confidential meetings between the School Board and its attorneys shall comply with the requirements for said meetings as delineated under Florida Statute §286.011(8), which provides in pertinent part that:

. . . (A)ny board or commission of any state agency . . . or political subdivision, and the chief administrative or executive officer of the governmental entity, may meet in private with the entity’s attorney to discuss pending litigation to which the entity is presently a party before a court or administrative agency.

Cone of Silence

6325

The “Cone of Silence” generally prohibits communication between vendors seeking School Board contracts and School Board members and their staff as well s the Superintendent and his/her staff. However, the “Cone of Silence” shall not apply to communication with the School Board Attorney or his or her staff, or with designated school district staff who are not serving on the particular Procurement Committee, to obtain clarification or information concerning the subject solicitation.

Copyright/Research and Publishing

2531; 1231.01; 3231.01; 4231.01

Employees who create a product subject to copyright laws on their own but use the School Board’s resources such as duty time, classrooms, teachers or students in creating the product may file a report with the appropriate school Board administrative offices. A committee composed of a representative from the Superintendent‘s office, the Associate Superintendent of Curriculum and Instruction, the Region Superintendent or Assistant/Associate Superintendent involved, and the Board Attorney shall make a final recommendation to the Superintendent of Schools as to the legal interest, if any, of the Board in such copyright or patent.

Approval By School Board Attorney
0156, 6540

All contracts to which the School Board is a party must be submitted to the Board Attorney for drafting or approval as to form and to determine if such contracts meet all relevant and applicable legal requirements as to form and legal sufficiency.

Any requested amendments, modifications, or addenda, to existing contracts must also be submitted to the School Board Attorney for review and approval as to form and legal sufficiency. Whenever possible, standardized form contracts that have been approved by the School Board Attorney shall be employed. Once a contract has been approved as a standard form contract, any future modification to said contract must be presented to the School Board Attorney for approval.

Where a recommendation is submitted to the School Board seeking the authorization of the Board to negotiate and to subsequently formalize a contract, the Agenda Item seeking such authority should, at a minimum, provide the essential terms of the contract, including, but not limited to the following: (1) the scope of the services that are to be provided pursuant to the contract; (2) the maximum monetary value or expenditures permitted under the contract; (3) the date services are anticipated to commence under the contract along with the anticipated date of the end of such services; (4) any terms regarding the Board’s option to renew or to extend the contract for an additional contract period; and (5) any significant terms that are unique/peculiar to the contract. If the proposed written contract is materially inconsistent with the terms authorized by Board action, the School Board Attorney shall not approve the contract.

Initiation of litigation must be reviewed and approved by School Board Attorney.

Standards of Ethical Conduct
0120; 1139; 1210; 3139; 3210; 4210

Employees and students may request a due process hearing for a variety of reasons.

If a student is declared indigent by the School Board Clerk, upon certification, the School Board Attorney shall order and pay the cost of the transcript for adjudicatory hearings challenging student expulsions and alternative education assignments.

Educational Facilities Planning, Site Selection Acquisition, and Construction
7100, 7240

Conditional real estate purchase and sale agreements may require a fully refundable deposit not to exceed 10% of the purchase price, to be deposited in escrow with the School Board Attorney.

Purchasing
6320

The competitive bidding process is governed by a variety of Policies and laws that are implemented by the school district’s department of procurement Management Services. Generally, bidders must comply with the bid specifications as published by the district. However, in the event that Procurement Management Services wishes to make a recommendation of a bid award that deviates from the specification or is irregular in some way, the recommendation should contain the manner in which the bid deviates or is irregular, the reasons for the recommendation of the award, and approval by the Board Attorney.

Minority/Women Business Enterprise Certification Procedures
6320.05

The School Board has developed procedures to determine whether a contractor is a minority or women owned business. M/WBE applicants who are denied certification may appeal the denial. Upon receipt of a notice of appeal, the School Board Attorney’s Office shall be notified.

If any M/WBE applicant or certified M/WBE misrepresents its status or any related facts, the School Board will suspend the business and any party that participated in the misrepresentation from doing business with the School Board. The business and persons charged may appeal the suspension. Upon receipt of a Notice of Suspension, the School Board Attorney’s Office shall be notified, upon receipt of a notice of suspension.

Consultant and Technical Services; Instructional Television, Radio and Media Lease Agreements, Royalty Fees, Production and Programming Contracts
6350

The Superintendent may negotiate and execute contracts for consultant and technical services and instructional television, radio and media lease agreements and royalty fees not to exceed $25,000.00. Any contract in excess of $25,000 must be submitted to the Board prior to execution by the Superintendent. All contract forms must be approved by the School Board Attorney.

Claims—Settlement Procedures and Authority
6900

FFor each liability claim settlement (general liability, auto liability, professional liability, etc.) in excess of $15,000, the Board Attorney’s Office shall perform all functions in connection with such claims including the offering and acceptance of settlements. Signing Proofs of Loss on behalf of the Board, restitution payments and other necessary functions as deemed necessary by the Board Attorney’s Office and the Board’s excess insurance companies will be performed by the Office of Risk and Benefits Management and the Board’s authorized claims administration company.

Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response
to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.