FancyBox 1.3.4 | Demonstration  

Risk Management/Claims Review/Litigation


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

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.

Approval By School Board Attorney

0156, 6380, 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.

Such legal review of contracts and agreements shall focus on and address the following minimum requirements: 1) compliance with applicable Florida laws and School Board Policies; 2) protection and/or retention of Board’s rights to real, personal, or intellectual property; 3) specifying that venue, should the contract result in litigation, will be in Miami-Dade County, Florida; 4) stipulate that contract will be governed by and interpreted under Florida law; 5) limiting the Board’s exposure to liability and ensuring that the Board’s immunity as afford by 768.28, Fla. Stat., is not waived; 6) compliance with Florida’s Public Records Act, including maintaining the confidentiality of records exempted by law from public disclosure; and 7) that if the performance of a contract is dependent, in whole or in part, on the award of a grant, such a contingency must be referenced in the contract, unless the absence of those terms from the written contract are approved by the Superintendent or the Superintendent’s designee, for contract totaling $100,000 or less.

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.

Claims—Settlement

6910

For 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.

Charter Schools (K-12)
9800

The School Board Attorney’s Office serves as legal counsel to the District Review Committee (DRC) which reviews charter school applications, and the Contract Review Committee, which reviews proposed charter school contracts and contract amendments.

In addition, the charter contract may be updated to comply with this Policy upon its next amendment or renewal, at the discretion of the Sponsor or the School Board Attorney.

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.