A G E N D A Durham Public Schools Board of Education ... · 14/12/2017 · X $279,500.00: $18,785.00 $101,000.00: $30,645.00 $429,930.00: Jeff Hargett Mechanical, Inc X: $375,700.00

A G E N D A

Durham Public Schools Board of Education Operational Services & Policy Work Session

December 14, 2017 Fuller Administration Building, 511 Cleveland Street, Durham, NC

4:30 PM

1. Call to Order 5 min.

2. Moment of Silence 5 min.

3. Agenda Review and Approval 5 min.

4. Operational Services & Policy Work Session Meeting Minutes

• October 12, 2017 - (Approved at November 16, 2017 BOE meeting)

5. Public Comment 10 min.

6. Consent Items 5 min. a. Bid for Little River Elementary School Chiller Replacement Project b. Bid for Hillandale Elementary School Chiller Replacement Project c. Lottery Project Closure - Southwest Elementary School d. School Nutrition Services Policies - 6200 Series 7. Board Items a. Joint Resolution Regarding K-3 Class Size Reduction Implementation by 5 min. Durham County Commissioners and the Durham Board of Education 8. Operational Services a. Custodial Contract Extension 10 min. b. 2016-17 Comprehensive Annual Financial Report (CAFR) 10 min. c. Central Services Salary Study - Update 10 min. d. Mark III Contract Renewal 10 min. 9. Follow-Up Items 5 min. a. Timeline Updates ____________ 1 hr. 20 min. 10. Adjournment 11. Closed Session

• To consult with the Attorney to preserve Attorney-Client Privileged information pursuant to G.S. 143-318.11 (a) (3).

• To consider confidential personnel matters protected under GS 143-318.11(a) (6)

and GS 115C-319.

Date: December 14, 2017

Durham Public Schools Operational Services & Policy Work Session

PRECIS

Agenda Item: Bid for Little River Elementary School Chiller Replacement Project

Staff Liaison Present: Jon Long Phone#: 560-2216

Main Points: • 2016 Bond funds provide for chiller replacement at Little River Elementary School. The

age and condition of the existing chiller make the replacement necessary.

• Bids were received on November 9, 2017 from two (2) qualified bidders. The lowestresponsive, responsible bidder is:

Comfort Systems USA (Mid Atlantic), LLC Base Bid: $ 279,500.00 1057 Bill Tuck Hwy South Boston, VA 24592

Alternates No. 2 and 3: Total:

$ 64,315.00 $ 343,815.00

• Contract amount reflects a negotiated amount for Alternate 2 of $33,670.00 for a Tranehigh efficiency chiller with a 5 year extended warranty.

• The work includes changing the chiller type to a more efficient and easier to maintainchiller. Pumps were added as well as additional site work to support the new chiller.

Administration submits this bid information and the proposed contract for action.

Fiscal Implications:

This contract is within the project budget. Minority Business Enterprise participation is 9% and all required affidavits were submitted by the contractor.

Purpose

Information/Discussion Action Consent

Reviewed by: Finance __________ Attorney _________

BID TABULATIONDurham Public SchoolsBid Date: November 9, 2017Time: 10:30 AM

Durham Public SchoolsLittle River Elementary School

Chiller Replacements

1

* Comfort Systems USA X $279,500.00 $18,785.00 $101,000.00 $30,645.00 $429,930.00

Jeff Hargett Mechanical, Inc X $375,700.00 $21,000.00 $90,000.00 $35,000.00 $521,700.00

Alternate #1: Provide Higher Efficiency Chiller (CH-1A)Alternate #2: Provide Trane- Preferred Brand Alternate (CH-1A)Alternate #3: Provide new primary and secondary pumps P-4 and P-6

I (We) hereby certify that this is a true and accurate tabulation of bids received this day,for the above project.

Signed:____________________________________ Date:________________________

ALT #2CONTRACTORTOTAL

BID

Durham Public Schools2011 Hamlin RoadDurham, NC 27704(919) 560-2216

* Apparent lowest responsible, responsive bidder.

MWBE ALT #3ALT #1BASE BID

BID TABULATIONDurham Public SchoolsBid Date: August 17, 2017Time: 2:00 PM

Durham Public SchoolsE.K. Powe and C.C. Spaulding

Chiller Replacement

Alternate 1 Alternate 2 Alternate 3







Signed:____________________________________ Date:________________________

Alternate 2BIDDING CONTRACTORSMWBEFORM Bid Bond Addenda Non-

CollusionPower of

Att. TOTAL BID

BIDDING CONTRACTORSMWBEFORM Bid Bond Addenda Non-

CollusionPower of

Att.Vendor

App W-9

Vendor App W-9 License # Base Bid 1 Alternate 1

License # Base Bid 1 Alternate 1 Alternate 2 TOTAL BID


CollusionPower of

Att. TOTAL BID


CollusionPower of

Att.Vendor

App W-9




CollusionPower of

Att. TOTAL BID


CollusionPower of

Att.Vendor

App W-9


Durham Public Schools2011 Hamlin RoadDurham, NC 27704

(919) 560-2216 Fax: (919) 560-9119


NORTH CAROLINA DURHAM COUNTY

2

OWNER-CONTRACTOR AGREEMENT

Durham County Little River Elementary School Chiller Replacement

THIS AGREEMENT, is made this 14th day of December in the year of 2017 by and between the Durham County, by and through its authorized agent the Durham Public Schools Board of Education (herein referred to as the "Owner"), whose mailing address for purposes of this agreement shall be, Construction & Capital Planning, 2011 Hamlin Road, Durham, North Carolina 27704 and Comfort Systems USA (MidAtlantic), LLC SS/EID #74-2897582 (herein referred to as the "Contractor"), whose mailing address is 1057 Bill Tuck Hwy, South Boston, VA 24592. All correspondence, submittals, and notices relating to or required under this Contract shall be sent in writing to the above addresses; unless either party is notified in writing by the other, of a change in address.

WITNESSETH: WHEREAS, it is the intent of the Owner to obtain the services of the Contractor in connection with the Scope of Work for Little River Elementary School Chiller Replacement (DPS project 120-04, documents dated October 5, 2017) hereinafter referred to as the "Project" or the "Work"; and WHEREAS, the Contractor desires to perform such construction in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, in consideration of the promises made herein and other good and valuable consideration, the following terms and conditions are hereby mutually agreed to, by and between the Owner and Contractor:

Article 1

DEFINITIONS 1.1 All terms in this Agreement which are defined in the Information for Bidders and the

General Conditions shall have the meanings designated therein. 1.2 The Contract Documents are as defined in the General Conditions provided with the

Information to Bidders. Such documents form the Contract, and all are as fully a part thereof as if attached to this Agreement or repeated herein.

Article 2

STATEMENT OF THE WORK 2.1 The Contractor shall provide and pay for all materials, tools, equipment, labor and

professional and non-professional services, and shall perform all other acts and supply all other things necessary, to fully and properly perform and complete the Work, as required by the Contract Documents.

2.2 The Contractor shall further provide and pay for all related facilities described in any of

the Contract Documents, including all work expressly specified therein and such additional work as may be reasonably inferred therefrom, saving and excepting only such items of work as are specifically stated in the Contract Documents not to be the


3

obligation of the Contractor. The totality of the obligations imposed upon the contractor by this Article and by all other provisions of the Contract Documents, as well as the structures to be built and the labor to be performed, is herein referred to as the "Work".

Article 3

DESIGN CONSULTANT 3.1 The Design Consultant (as defined in the General Conditions) is Enpulse Energy

Conservation, P.O. Box 41195, Greensboro, NC 27404.

Article 4 TIME OF COMMENCEMENT AND COMPLETION

4.1 The Contractor shall commence the Work promptly upon the date established in the

Notice to Proceed. If there is no Notice to Proceed, the date of commencement of the Work shall be the date of this Agreement or such other date as may be established herein.

4.2 Time is of the essence. The Contractor shall achieve Final Completion, as defined in

the Specifications on or before the date established for Final Completion. 4.3 The Specifications contains certain specific dates that shall be adhered to and are the

last acceptable dates unless modified in writing by mutual agreement between the Contractor and the Owner. All dates indicate midnight unless otherwise stipulated.

4.4 Should the Contractor fail to complete the Work on or before the dates stipulated for

Substantial Completion and/or Final Completion (or such later date as may result from an extension of time granted by the Owner), he shall pay the Owner, as liquidated damages the sums set forth in the General Conditions.

Article 5

CONTRACT SUM 5.1 Provided that the Contractor shall strictly and completely perform all of its obligations

under the Contract Documents, and subject only to additions and deductions by Modification or as otherwise provided in the Contract Documents, the Owner shall pay to the Contractor, in current funds and at the time and in the installments hereinafter specified, the maximum sum of Three Hundred Forty Three Thousand Eight Hundred Fifteen Dollars ($343,815.00) herein referred to as the "Contract Sum". The Contract Sum includes the base bid work, including Bid Alternates 2 and 3, as specified in the bidding documents.

Article 6

PROGRESS PAYMENTS 6.1 The Contractor hereby agrees that on or about the First day of the month for every

month during the performance of the Work he will deliver to the Owner's Project Manager an Application for Payment in accordance with the provisions of the General Conditions. This date may be changed upon mutual agreement, stated in writing, between the Owner and Contractor. Payment under this Contract shall be made as provided in the General Conditions.


4

Article 7 OTHER REQUIREMENTS

7.1 The Contractor shall submit the Performance Bond, Labor and Material Payment Bond

and Certification of Insurance as required by the Contract Documents. 7.2 The Owner shall furnish to the Contractor drawings and specifications as outlined in the

General Conditions. Additional sets of drawings or specifications may be obtained by the Contractor by paying the Owner for the costs of reproduction, handling and mailing.

7.3 The Contractor will make a good faith effort to utilize Minority Business Enterprises

(MBEs) per N.C. Gen. Stat. 143-128 as subcontractors in the performance of this contract.

7.4 Compliance with Applicable Laws. Contractor shall comply with all applicable laws and

regulations in providing services under this Agreement. In particular, Contractor shall not employ any individuals to provide services to the Owner who are not authorized by federal law to work in the United States. Contractor represents and warrants that it is aware of and in compliance with the Immigration Reform and Control Act and North Carolina law (Article 2 of Chapter 64 of the North Carolina General Statutes) requiring use of the E-Verify system for employers who employ twenty-five (25) or more employees and that it is and will remain in compliance with these laws at all times while providing services pursuant to this Agreement. Contractor shall also ensure that any of its subcontractors (of any tier) will remain in compliance with these laws at all times while providing subcontracted services in connection with this Agreement. Contractor is responsible for providing affordable health care coverage to all of its full-time employees providing services to the School System. The definitions of “affordable coverage” and “full-time employee” are governed by the Affordable Care Act and accompanying IRS and Treasury Department regulations.

7.5 Lunsford Act / Criminal Background Checks. The Contractor shall conduct at its own expense sexual offender registry checks on each of its owners, employees, agents, or subcontractors (“contractual personnel”) who will engage in any service on or delivery of goods to school system property or at a school-system sponsored event, except checks shall not be required for individuals who are solely delivering or picking up equipment, materials, or supplies at: (1) the administrative office or loading dock of a school; (2) non-school sites; (3) schools closed for renovation; or (4) school construction sites.. The checks shall include at a minimum checks of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry (“the Registries”). For the Contractor’s convenience only, all of the required registry checks may be completed at no cost by accessing the United States Department of Justice Sex Offender Public Website at http:// www. nsopw.gov/. The Contractor shall provide certification that the registry checks were conducted on each of its contractual personnel providing services or delivering goods under this Agreement prior to the commencement of such services or the delivery of such goods. The Contractor shall conduct a current initial check of the registries (a check done more than 30 days prior to the date of this Agreement shall not satisfy this contractual obligation). In addition, Contractor agrees to conduct the registry checks and provide a supplemental certification before any additional contractual personnel are used to deliver goods or provide services pursuant to this Agreement. Contractor further agrees to conduct annual registry checks of all contractual personnel and provide annual certifications at each anniversary date of this Agreement. Contractor shall not assign any individual to deliver goods or provide services pursuant to this


5

Agreement if said individual appears on any of the listed registries. Contractor agrees that it will maintain all records and documents necessary to demonstrate that it has conducted a thorough check of the registries as to each contractual personnel, and agrees to provide such records and documents to the school system upon request. Contractor specifically acknowledges that the school system retains the right to audit these records to ensure compliance with this section at any time in the school system’s sole discretion. Failure to comply with the terms of this provision shall be grounds for immediate termination of the Agreement. In addition, the Owner may conduct additional criminal records checks at the Owner’s expense. If the school system exercises this right to conduct additional criminal records checks, Contractor agrees to provide within seven (7) days of request the full name, date of birth, state of residency for the past ten years, and any additional information requested by the school system for all contractual personnel who may deliver goods or perform services under this Agreement. Contractor further agrees that it has an ongoing obligation to provide the school system with the name of any new contractual personnel who may deliver goods or provide services under the Agreement. The Owner reserves the right to prohibit any contractual personnel of Contractor from delivering goods or providing services under this Agreement if the Owner determines, in its sole discretion, that such contractual personnel may pose a threat to the safety or well-being of students, school personnel or others. See Attachment A for the Sexual Offender Registry Check Certification Form.

7.6 Iran Divestment Act Certification. The Contractor certifies that as of the date of this Agreement between the Owner and Contractor, the Contractor is not listed on the Final Divestment List created by the North Carolina State Treasurer pursuant to G.S. § 147-86.58.

7.7 Applicable Durham Public Schools Board of Education Policies. The Contractor

acknowledges that the Durham Public Schools Board of Education has adopted policies governing conduct on all property owned by the Owner and agrees to abide by any and all relevant board policies while on the Owner’s property. The Contractor acknowledges that these policies are available online on the School System’s website. In particular, the Contractor acknowledges that it has received copies of or has access to (via the Durham Public Schools’ website) and will abide by all applicable Durham Public Schools Board of Education policies, including but not limited to policies related to conduct on school property, weapons, drugs and alcohol, tobacco, and interactions with staff and students.


6

IN WITNESS WHEREOF, Durham County, by and through its authorized agent the Durham Public Schools Board of Education (hereinbefore called the "Owner") has caused these presents to be signed by and through its authorized agent the Durham Public Schools Board of Education pursuant to the Interlocal Agreement between the Owner and the Durham Public Schools, and Comfort Systems USA (MidAtlantic), LLC (hereinbefore called "Contractor") has caused these presents to be signed by its President and its Corporate seal to be hereunto affixed, as hereinafter attested, all as of the day and year first above written. Durham County By and through its authorized agent the Durham Public Schools Board of Education Mike Lee, Chair, Durham Public Schools Board of Education Date This instrument has been pre-audited in the manner required by the School Budget and Fiscal Control Act. Paul LeSieur, Interim Finance Officer, Durham Public Schools Date

This contract was approved by the Board on the 14th day of December 2017. Comfort Systems USA (MidAtlantic), LLC By: Name/Title: STATE OF NORTH CAROLINA COUNTY OF DURHAM

I, a Notary Public in and for the aforesaid County and State, do hereby certify that ____________________ personally appeared before me this day and acknowledged that he/she is _____________ of _________________________., a _________________ (state of incorporation) corporation, duly authorized to do business in the state of North Carolina, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its ________ , sealed with its corporate seal and attested by ___________________ as its Corporate Secretary.

Witness my hand and notarial seal this day of , 20__. ____________________________________ (SEAL/STAMP)

Notary Public

My commission expires:_________

Endorsement: ______________________

Executive Director Durham Public Schools Construction & Capital Planning

Attachment A

7

Lunsford Act Sexual Offender Registry Check Certification Form

DPS Project Name: Little River Elementary School Chiller Replacement DPS Project Number: 120-04

Check the appropriate box to indicate the type of check: □ Initial □ Supplemental □ Annual I, (insert name), (insert title) of (insert company name) hereby certify that I have performed all of the required sexual offender registry checks required under this Agreement for all contractual personnel (employees, agents, ownership personnel, or contractors ) who may be used to deliver goods or provide services under this Agreement, including the North Carolina Sex Offender and Public Protection Registration Program, the North Carolina Sexually Violent Predator Registration Program, and the National Sex Offender Registry. I further certify that none of the individuals listed below appears on any of the above-named registries and that I will not assign any individual to deliver goods or perform services under this Agreement if said individual appears on any of the sex offender registries. I agree to maintain all records and documents associated with these registry checks, and that I will provide such records and documents to the school system upon request. I specifically acknowledge that the school system retains the right to audit these records to ensure compliance with this section at any time in the school system’s sole discretion. I acknowledge that I am required to perform these checks and provide this certification form before any work is performed under the Agreement (initial check), any time additional contractual personnel may perform work under the Agreement (supplemental check), and at each anniversary date of the Agreement (annual check). Contractual Personnel Names Job Title 1. 2. 3. 4.

(Attach additional page(s) if needed) I attest that the forgoing information is true and accurate to the best of my knowledge.

______________________________(print name) _______________________________(signature)

___________________________________(title) ________________________________(date)



PRECIS

Agenda Item: Bid for Hillandale Elementary School Chiller Replacement Project


Main Points: • 2016 Bond funds provide for chiller replacement at Hillandale Elementary School. The

age and condition of the existing chiller make the replacement necessary.

• Bids were received on November 9, 2017 from two (2) qualified bidders. The lowestresponsive, responsible bidder is:

Jeff Hargett Mechanical, Inc. Base Bid: $ 275,700.00 6845 Spencer Dixon Road Greensboro, NC 27455

Alternates No. 2 and 3: Total:

$ 66,445.00 $ 342,145.00

• Contract amount reflects a negotiated amount for Alternate 2 of $32,475.00 for a Tranehigh efficiency chiller with a 5 year extended warranty.

• The work includes changing the chiller type to a more efficient and easier to maintainchiller. Pumps were added as well as additional site work to support the new chiller.

Administration submits this bid information and the proposed contract for action.

Fiscal Implications:

The contract is within the project budget. Minority Business Enterprise participation is 4.1% and all required affidavits were submitted by the contractor.

Purpose



BID TABULATIONDurham Public SchoolsBid Date: November 9, 2017Time: 10:00 AM

Durham Public SchoolsHillandale Elementary School

Chiller Replacements

1

Comfort Systems USA X $279,600.00 $18,715.00 $101,000.00 $30,850.00 $430,165.00

* Jeff Hargett Mechanical, Inc X $275,700.00 $18,400.00 $86,292.00 $33,970.00 $414,362.00

Alternate #1: Provide Higher Efficiency Chiller (CH-1A)Alternate #2: Provide Trane- Preferred Brand Alternate (CH-1A)Alternate #3: Provide new primary and secondary pumps P-4 and P-6


Signed:____________________________________ Date:________________________

ALT #2CONTRACTORTOTAL

BID

Durham Public Schools2011 Hamlin RoadDurham, NC 27704(919) 560-2216

* Apparent lowest responsible, responsive bidder.

MWBE ALT #3ALT #1BASE BID

BID TABULATIONDurham Public SchoolsBid Date: August 17, 2017Time: 2:00 PM

Durham Public SchoolsE.K. Powe and C.C. Spaulding

Chiller Replacement








Signed:____________________________________ Date:________________________


CollusionPower of

Att. TOTAL BID


CollusionPower of

Att.Vendor

App W-9




CollusionPower of

Att. TOTAL BID


CollusionPower of

Att.Vendor

App W-9




CollusionPower of

Att. TOTAL BID


CollusionPower of

Att.Vendor

App W-9


Durham Public Schools2011 Hamlin RoadDurham, NC 27704

(919) 560-2216 Fax: (919) 560-9119



2

OWNER-CONTRACTOR AGREEMENT

Durham County Hillandale Elementary School Chiller Replacement

THIS AGREEMENT, is made this 14th day of December in the year of 2017 by and between the Durham County, by and through its authorized agent the Durham Public Schools Board of Education (herein referred to as the "Owner"), whose mailing address for purposes of this agreement shall be, Construction & Capital Planning, 2011 Hamlin Road, Durham, North Carolina 27704 and Jeff Hargett Mechanical, Inc. SS/EID #56-1947246 (herein referred to as the "Contractor"), whose mailing address is 6845 Spencer Dixon Road, Greensboro, NC 27455. All correspondence, submittals, and notices relating to or required under this Contract shall be sent in writing to the above addresses; unless either party is notified in writing by the other, of a change in address.

WITNESSETH: WHEREAS, it is the intent of the Owner to obtain the services of the Contractor in connection with the Scope of Work for Hillandale Elementary School Chiller Replacement (DPS project 120-02, documents dated October 5, 2017) hereinafter referred to as the "Project" or the "Work"; and WHEREAS, the Contractor desires to perform such construction in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, in consideration of the promises made herein and other good and valuable consideration, the following terms and conditions are hereby mutually agreed to, by and between the Owner and Contractor:

Article 1

DEFINITIONS 1.1 All terms in this Agreement which are defined in the Information for Bidders and the

General Conditions shall have the meanings designated therein. 1.2 The Contract Documents are as defined in the General Conditions provided with the

Information to Bidders. Such documents form the Contract, and all are as fully a part thereof as if attached to this Agreement or repeated herein.

Article 2

STATEMENT OF THE WORK 2.1 The Contractor shall provide and pay for all materials, tools, equipment, labor and

professional and non-professional services, and shall perform all other acts and supply all other things necessary, to fully and properly perform and complete the Work, as required by the Contract Documents.

2.2 The Contractor shall further provide and pay for all related facilities described in any of

the Contract Documents, including all work expressly specified therein and such additional work as may be reasonably inferred therefrom, saving and excepting only such items of work as are specifically stated in the Contract Documents not to be the


3

obligation of the Contractor. The totality of the obligations imposed upon the contractor by this Article and by all other provisions of the Contract Documents, as well as the structures to be built and the labor to be performed, is herein referred to as the "Work".

Article 3

DESIGN CONSULTANT 3.1 The Design Consultant (as defined in the General Conditions) is Enpulse Energy

Conservation, P.O. Box 41195, Greensboro, NC 27404.

Article 4 TIME OF COMMENCEMENT AND COMPLETION

4.1 The Contractor shall commence the Work promptly upon the date established in the

Notice to Proceed. If there is no Notice to Proceed, the date of commencement of the Work shall be the date of this Agreement or such other date as may be established herein.

4.2 Time is of the essence. The Contractor shall achieve Final Completion, as defined in

the Specifications on or before the date established for Final Completion. 4.3 The Specifications contains certain specific dates that shall be adhered to and are the

last acceptable dates unless modified in writing by mutual agreement between the Contractor and the Owner. All dates indicate midnight unless otherwise stipulated.

4.4 Should the Contractor fail to complete the Work on or before the dates stipulated for

Substantial Completion and/or Final Completion (or such later date as may result from an extension of time granted by the Owner), he shall pay the Owner, as liquidated damages the sums set forth in the General Conditions.

Article 5

CONTRACT SUM 5.1 Provided that the Contractor shall strictly and completely perform all of its obligations

under the Contract Documents, and subject only to additions and deductions by Modification or as otherwise provided in the Contract Documents, the Owner shall pay to the Contractor, in current funds and at the time and in the installments hereinafter specified, the maximum sum of Three Hundred Forty Two Thousand One Hundred Forty Five Dollars ($342,145.00) herein referred to as the "Contract Sum". The Contract Sum includes the base bid work, including Bid Alternates 2 and 3, as specified in the bidding documents.

Article 6

PROGRESS PAYMENTS 6.1 The Contractor hereby agrees that on or about the First day of the month for every

month during the performance of the Work he will deliver to the Owner's Project Manager an Application for Payment in accordance with the provisions of the General Conditions. This date may be changed upon mutual agreement, stated in writing, between the Owner and Contractor. Payment under this Contract shall be made as provided in the General Conditions.


4

Article 7 OTHER REQUIREMENTS

7.1 The Contractor shall submit the Performance Bond, Labor and Material Payment Bond

and Certification of Insurance as required by the Contract Documents. 7.2 The Owner shall furnish to the Contractor drawings and specifications as outlined in the

General Conditions. Additional sets of drawings or specifications may be obtained by the Contractor by paying the Owner for the costs of reproduction, handling and mailing.

7.3 The Contractor will make a good faith effort to utilize Minority Business Enterprises

(MBEs) per N.C. Gen. Stat. 143-128 as subcontractors in the performance of this contract.

7.4 Compliance with Applicable Laws. Contractor shall comply with all applicable laws and

regulations in providing services under this Agreement. In particular, Contractor shall not employ any individuals to provide services to the Owner who are not authorized by federal law to work in the United States. Contractor represents and warrants that it is aware of and in compliance with the Immigration Reform and Control Act and North Carolina law (Article 2 of Chapter 64 of the North Carolina General Statutes) requiring use of the E-Verify system for employers who employ twenty-five (25) or more employees and that it is and will remain in compliance with these laws at all times while providing services pursuant to this Agreement. Contractor shall also ensure that any of its subcontractors (of any tier) will remain in compliance with these laws at all times while providing subcontracted services in connection with this Agreement. Contractor is responsible for providing affordable health care coverage to all of its full-time employees providing services to the School System. The definitions of “affordable coverage” and “full-time employee” are governed by the Affordable Care Act and accompanying IRS and Treasury Department regulations.

7.5 Lunsford Act / Criminal Background Checks. The Contractor shall conduct at its own expense sexual offender registry checks on each of its owners, employees, agents, or subcontractors (“contractual personnel”) who will engage in any service on or delivery of goods to school system property or at a school-system sponsored event, except checks shall not be required for individuals who are solely delivering or picking up equipment, materials, or supplies at: (1) the administrative office or loading dock of a school; (2) non-school sites; (3) schools closed for renovation; or (4) school construction sites.. The checks shall include at a minimum checks of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry (“the Registries”). For the Contractor’s convenience only, all of the required registry checks may be completed at no cost by accessing the United States Department of Justice Sex Offender Public Website at http:// www. nsopw.gov/. The Contractor shall provide certification that the registry checks were conducted on each of its contractual personnel providing services or delivering goods under this Agreement prior to the commencement of such services or the delivery of such goods. The Contractor shall conduct a current initial check of the registries (a check done more than 30 days prior to the date of this Agreement shall not satisfy this contractual obligation). In addition, Contractor agrees to conduct the registry checks and provide a supplemental certification before any additional contractual personnel are used to deliver goods or provide services pursuant to this Agreement. Contractor further agrees to conduct annual registry checks of all contractual personnel and provide annual certifications at each anniversary date of this Agreement. Contractor shall not assign any individual to deliver goods or provide services pursuant to this


5

Agreement if said individual appears on any of the listed registries. Contractor agrees that it will maintain all records and documents necessary to demonstrate that it has conducted a thorough check of the registries as to each contractual personnel, and agrees to provide such records and documents to the school system upon request. Contractor specifically acknowledges that the school system retains the right to audit these records to ensure compliance with this section at any time in the school system’s sole discretion. Failure to comply with the terms of this provision shall be grounds for immediate termination of the Agreement. In addition, the Owner may conduct additional criminal records checks at the Owner’s expense. If the school system exercises this right to conduct additional criminal records checks, Contractor agrees to provide within seven (7) days of request the full name, date of birth, state of residency for the past ten years, and any additional information requested by the school system for all contractual personnel who may deliver goods or perform services under this Agreement. Contractor further agrees that it has an ongoing obligation to provide the school system with the name of any new contractual personnel who may deliver goods or provide services under the Agreement. The Owner reserves the right to prohibit any contractual personnel of Contractor from delivering goods or providing services under this Agreement if the Owner determines, in its sole discretion, that such contractual personnel may pose a threat to the safety or well-being of students, school personnel or others. See Attachment A for the Sexual Offender Registry Check Certification Form.

7.6 Iran Divestment Act Certification. The Contractor certifies that as of the date of this Agreement between the Owner and Contractor, the Contractor is not listed on the Final Divestment List created by the North Carolina State Treasurer pursuant to G.S. § 147-86.58.

7.7 Applicable Durham Public Schools Board of Education Policies. The Contractor

acknowledges that the Durham Public Schools Board of Education has adopted policies governing conduct on all property owned by the Owner and agrees to abide by any and all relevant board policies while on the Owner’s property. The Contractor acknowledges that these policies are available online on the School System’s website. In particular, the Contractor acknowledges that it has received copies of or has access to (via the Durham Public Schools’ website) and will abide by all applicable Durham Public Schools Board of Education policies, including but not limited to policies related to conduct on school property, weapons, drugs and alcohol, tobacco, and interactions with staff and students.


6

IN WITNESS WHEREOF, Durham County, by and through its authorized agent the Durham Public Schools Board of Education (hereinbefore called the "Owner") has caused these presents to be signed by and through its authorized agent the Durham Public Schools Board of Education pursuant to the Interlocal Agreement between the Owner and the Durham Public Schools, and Jeff Hargett Mechanical, Inc. (hereinbefore called "Contractor") has caused these presents to be signed by its President and its Corporate seal to be hereunto affixed, as hereinafter attested, all as of the day and year first above written. Durham County By and through its authorized agent the Durham Public Schools Board of Education Mike Lee, Chair, Durham Public Schools Board of Education Date This instrument has been pre-audited in the manner required by the School Budget and Fiscal Control Act. Paul LeSieur, Interim Finance Officer, Durham Public Schools Date

This contract was approved by the Board on the 14th day of December 2017. Jeff Hargett Mechanical, Inc. By: Name/Title: STATE OF NORTH CAROLINA COUNTY OF DURHAM

I, a Notary Public in and for the aforesaid County and State, do hereby certify that ____________________ personally appeared before me this day and acknowledged that he/she is _____________ of _________________________., a _________________ (state of incorporation) corporation, duly authorized to do business in the state of North Carolina, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its ________ , sealed with its corporate seal and attested by ___________________ as its Corporate Secretary.

Witness my hand and notarial seal this day of , 20__. ____________________________________ (SEAL/STAMP)

Notary Public

My commission expires:_________

Endorsement: ______________________

Executive Director Durham Public Schools Construction & Capital Planning

Attachment A

7

Lunsford Act Sexual Offender Registry Check Certification Form

DPS Project Name: Hillandale Elementary School Chiller Replacement DPS Project Number: 120-02

Check the appropriate box to indicate the type of check: □ Initial □ Supplemental □ Annual I, (insert name), (insert title) of (insert company name) hereby certify that I have performed all of the required sexual offender registry checks required under this Agreement for all contractual personnel (employees, agents, ownership personnel, or contractors ) who may be used to deliver goods or provide services under this Agreement, including the North Carolina Sex Offender and Public Protection Registration Program, the North Carolina Sexually Violent Predator Registration Program, and the National Sex Offender Registry. I further certify that none of the individuals listed below appears on any of the above-named registries and that I will not assign any individual to deliver goods or perform services under this Agreement if said individual appears on any of the sex offender registries. I agree to maintain all records and documents associated with these registry checks, and that I will provide such records and documents to the school system upon request. I specifically acknowledge that the school system retains the right to audit these records to ensure compliance with this section at any time in the school system’s sole discretion. I acknowledge that I am required to perform these checks and provide this certification form before any work is performed under the Agreement (initial check), any time additional contractual personnel may perform work under the Agreement (supplemental check), and at each anniversary date of the Agreement (annual check). Contractual Personnel Names Job Title 1. 2. 3. 4.

(Attach additional page(s) if needed) I attest that the forgoing information is true and accurate to the best of my knowledge.

______________________________(print name) _______________________________(signature)

___________________________________(title) ________________________________(date)



PRECIS

Agenda Item: Lottery Project Closure – Southwest Elementary School


Main Points: North Carolina provides funds for Capital Projects from the Public School Building

Capital Funds (PSBCF).

One lottery-funded Capital Project is complete and ready for closure with NCDPI. Closure of these projects requires a budget amendment so that remaining funds can be returned to Durham County’s PSBCF account for future allocation.

This project closure covers the Southwest Elementary Chiller Replacement Project.

The Board of Education and County Commissioners must approve the attached budget amendment for project closure.

Fiscal Implications: None Purpose



1

DURHAM COUNTY, NORTH CAROLINA 2017-18 Capital Project Ordinance

Amendment Number 18CPA0000XX BE IT ORDAINED BY THE COMMISSIONERS OF DURHAM COUNTY: That the 2017-18 capital project ordinance is hereby amended to reflect budget adjustments for the following projects.

Project Current Budget

Increase/ Decrease

Revised Budget

LF 16 - Southwest Elementary (SH233) $475,000.00 ($90,282.43) $384,717.57 Totals $475,000.00 ($90,282.43) $384,717.57 Adopted this the TBD day of January, 2018.



PRECIS

Agenda Item: School Nutrition Services Policies – 6200 Series

Staff Liaison Present: James Keaten Phone#: 560-3657

Main Points:

• School Nutrition Services is recommending adoption of the North Carolina SchoolBoards Association recommended policies in Series 6200 to replace existing DurhamPublic Schools Board of Education policies in Series 6500.

• Policy 6200 – New, Policy 6210 – New, Policy 6220 – Replaces Policies 6500 and 6530,Policy 6225 – Replaces Policy 6520 and Policy 6230 – New.

• The administration presents these policies for first reading on the consent agenda andrecommends that the policies be placed on the consent agenda at the next board meetingfor final approval and adoption.

Fiscal Implications: • None

Purpose



Project Title: School Nutrition Services Policies – Series 6200

Project Team: School Nutrition Services

Project Description: Recommend adaptation and adoption of the North Carolina School Boards Association recommended policies Series 6200 to replace Durham Public Schools policies Series 6500.

Timeline Present to Operational Services & Policy Work session on December 14, 2017

Impact on resources None Alignment to local, state or federal policies

Aligns with the recommended policies of the North Carolina School Boards Association recommended policies – Series 6200

Intended outcomes Replace existing Durham Public Schools Policies – Series 6500.

Board Action Consent

Communication and Next Steps Addition to Board of Education Agenda for consent at December 21, 2017 Board meeting.

The North Carolina School Boards Association (NCSBA) is providing recommended policies for school districts to adapt and adopt. NCSBA policy series 6200 replaces the current Durham Public Schools (DPS) policy series 6500 with the addition of new policies.

A correlation table of the NCSBA draft policies and the corresponding DPS policies demonstrates how each existing policy melds into a recommended policy. Currently, DPS has three policies concerning School Nutrition Services. NCSBA recommends five policies.

The recommended policies cover all issues addressed in the existing policies and align with the current School Nutrition Services activities. The only section of the NCSBA policy, which requires School Nutrition services, input concerns the amount of student account balances prior to receiving an alternative meal.

School Nutrition Services procedures do not allow students to charge snacks or a la carte items. All DPS students receive Universal Free Breakfast. The only meals being charged to student accounts are the lunch meals. Rather than select an arbitrary monetary amount, School Nutrition Services recommends allowing students to charge up to five lunch meals.

Operational Services Executive Summary

Correlation Table

Ø indicates that there was not a corresponding policy. 12/4/2017 2:47 PM Page 1

Draft Policy # Draft Policy Title Current Policy

# DPS Lead Notes for consideration BOE Work

Session Date Sent to BOE

Liaison & NCSBA

Posted on DPS Website

School Nutrition Services

6200 Goals of School Nutrition Services

Ø James Keaton Number one in the list is the standard provided in G.S. 115C-264 for use of earnings.

6210 Organization of School Nutrition Services

Ø James Keaton This policy may be modified.

6220 Operation of School Nutrition Services

6500, 6530

James Keaton • The statement in A.8 neither requires nor prohibits theassessment of indirect costs to the CNP, thereby leaving thedecision to the superintendent and/or finance officer. Theboard could change the statement to explicitly direct orexplicitly prohibit the assessment of such costs.

• The board must have a policy for meal charges/alternativemeals in place by July 1, 2017, to address the situation inwhich a student does not have the funds to cover the cost ofa meal at the time of service. However, the processdescribed in this policy may be modified. Let us know ifyou would like to make any changes.

• Note that there are blanks in Section B that must be filledwith appropriate dollar amounts.

6225 Free and Reduced Price Meal Services

6520 James Keaton • This policy addresses legal requirements. We did notincorporate any information from your old policy 6520 as itdid not appear to have been updated in over a decade and ahalf. Let us know if there is specific information you wouldlike added to this policy.

• The second to last paragraph is optional. Section 104(a) ofthe Healthy, Hunger Free Kids Act of 2010, P.L. 111-296,amended the National School Lunch Act to provide analternative to household eligibility applications for free andreduced price meals in high poverty LEAs and schools. Thepurpose of the community eligibility option is to improveaccess to nutritious meals for students in high poverty areasby providing meals to all students free of charge. Additionalinformation about community eligibility is available on theDPI website, http://childnutrition.ncpublicschools.gov/.

6230 School Meal and Competitive Foods Standards

Ø James Keaton • The board must annually elect one of four options (or acombination of options) offered by the School NutritionServices section of the NC Department of PublicInstruction. These options allocate responsibility forcompliance with nutrition standards and recordkeepingrequirements of the federal Smart Snacks rules for foodsand beverages sold anywhere on school campuses duringthe period between the end of the last lunch period until 30minutes after the dismissal bell rings. The option selectedalso determines whether or not the revenue from food andbeverage sales must accrue to the Child Nutrition Program

Correlation Table

Ø indicates that there was not a corresponding policy. 12/4/2017 2:47 PM Page 2

Draft Policy # Draft Policy Title Current Policy

# DPS Lead Notes for consideration BOE Work

Session Date Sent to BOE

Liaison & NCSBA

Posted on DPS Website

(CNP). • If the board, in its annual School Nutrition Program

Agreement, elects the Department of Public Instruction’s“Option 1” to comply with the federal Smart Snacks rules,then subsection B.3 should be omitted and the first sentenceof subsection B.2 (and policy 6220) should be modified toextend the applicable time period to 30 minutes after thedismissal bell. The Smart Snacks rules regulate thenutritional standards for foods sold in competition with theSchool Nutrition Program.

• Please review this policy carefully and let us know if youwould like us to make any revisions or add any information.

DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION POLICY MANUAL Page 1 of 1

GOALS OF SCHOOL NUTRITION SERVICES Policy Code: 6200 The board recognizes that it is important for students to receive proper nutrition so that they are ready and able to take advantage of educational opportunities. The goals of the school nutrition services program are as follows: 1. operating the school nutrition program efficiently so that earnings may be used to reduce

the cost of food, serve better food, or provide free or reduced price meals to eligible students;

2. enhancing students’ ability to learn by offering a variety of safe, nutritious, and appealing

food and beverage options for student meals at school; 3. minimizing obesity and encouraging lifelong healthy eating habits consistent with the

health education curriculum; and 4. providing courteous service to students, employees, and authorized visitors. Legal References: 7 C.F.R. Part 210; G.S. 115C-47(22), -263, -264; State Board of Education policy HRS-E-000 Cross References: Adopted:


ORGANIZATION OF SCHOOL NUTRITION SERVICES Policy Code: 6210 The superintendent shall establish school nutrition services consistent with board goals as provided in policy 6200, Goals of School Nutrition Services, and state and federal laws and regulations. Duties related to the nutrition services should be included in appropriate job descriptions. Each principal and cafeteria manager is responsible for the school nutrition services program in his or her school, under the supervision of the director of child nutrition. The superintendent shall verify that all school nutrition services personnel are certified and trained in accordance with the law. Legal References: Healthy, Hunger-Free Kids Act of 2010, P.L. 111-260; G.S. 115C-36, -263 Cross References: Goals of School Nutrition Services (policy 6200) Adopted:


OPERATION OF SCHOOL NUTRITION SERVICES Policy Code: 6220 All schools will participate in federal National Child Nutrition Programs and will receive commodities donated by the United States Department of Agriculture. All federal and state revenues will be accepted and applied to maximize the use of such funds for the purposes of providing nutritional meals to students at the lowest possible price. The superintendent or designee shall develop procedures as necessary to implement the operational standards established in this policy. A. OPERATIONAL STANDARDS

The school nutrition services program will be operated in a manner consistent with board goals and board policy. The program also will be operated in compliance with all applicable state and federal law, including requirements of the National School Lunch Program and all federal guidelines established by the Child Nutrition Division of the United States Department of Agriculture. Specific legal requirements that must be met include, but are not limited to, the following.

1. No child will be discriminated against because of race, sex, color, national origin,

disability, age, or eligibility status for free and reduced price meals.

2. The school nutrition services program will meet safety and sanitation requirements established in local, state, and federal rules and guidelines for school nutrition services programs.

3. The school nutrition services program will have a written food safety program

that includes a hazard analysis critical control point plan for each school. 4. Menu preparation, purchasing, and related record keeping will be consistent with

applicable state and federal rules and guidelines. 5. Banking, financial record keeping, budgeting, and accounting will be conducted

in accordance with generally accepted practices and procedures, as dictated by the School Budget and Fiscal Control Act and in accordance with state and federal guidelines.

6. Commodity foods donated by the United States Department of Agriculture will be

used and accounted for in accordance with federal regulations.

7. Preference will be given in purchasing contracts to high-calcium foods and beverages, as defined in G.S. 115C-264.1 and to foods grown or raised within North Carolina.

Policy Code: 6220


8. Child Nutrition Program (CNP) funds will be used only for the purposes authorized by law. Indirect costs, as defined by law, will not be assessed to the CNP unless the program has a minimum of one month’s operating balance.

9. The price for meals will be determined in accordance with federal law.

10. Nonprogram foods will be priced to generate sufficient revenues to cover the cost of those items. A nonprogram food is defined as a food or beverage, other than a reimbursable meal or snack, that is sold at the school and is purchased using funds from the child nutrition account.

11. All school nutrition services will be operated on a non-profit basis for the benefit

of the CNP. School nutrition services are those that are operated from 12:01 a.m. until the end of the last lunch period.

12. All income from the sale of food and beverages that is required by law or regulation to be retained by the CNP will be deposited to the CNP account and will be used only for the purposes of the school’s non-profit lunch and breakfast programs. All funds from food and beverage sales not otherwise required by law to be deposited to the CNP account will be deposited into the proper school account in accordance with guidelines developed by the superintendent or designee.

13. All competitive foods sold on school campuses will meet federal and state

standards for nutrient content. B. MEAL CHARGES

Students who are required to pay for meals are expected to provide payment in a timely manner. The board recognizes, however, that students occasionally may forget or lose their meal money. In the event that a student is unable to pay for a meal on a particular day, the student may charge a reimbursable meal. A student carrying a negative balance exceeding five lunch meals in a meal account will not be permitted to accrue additional charges until the negative balance drops below five charged lunch meals. Instead the student will be served a designated alternate meal provided at no cost to the student. Appropriate modifications to the alternative meal will be made when required by the student’s documented special dietary needs. To safeguard the dignity and confidentiality of students in the serving line, reasonable efforts must be used whenever possible to avoid calling attention to a student’s inability to pay. The child nutrition director and principal shall work jointly to prevent meal charges from accumulating and shall make every effort to collect all funds due to the child nutrition program on a regular basis and before the end of the school term. Notices of low or negative balances in a child’s meal account will be sent to parents and the principal at regular intervals during the school year. If a parent regularly fails to provide meal money and does not qualify for free meal benefits, the child nutrition director shall inform the

Policy Code: 6220


principal, who shall determine the next course of action, which may include notifying the department of social services of suspected child neglect and/or taking legal steps to recover the unpaid meal charges. Parents are expected to pay all meal charges in full by the last day of each school year. Negative balances on student accounts will not be carried forward to the following school year. The superintendent shall ensure that federal child nutrition funds are not used to offset the cost of unpaid meals and that the CNP is reimbursed for bad debt resulting from uncollected student meal charges prior to September 30 each year.

This section of the policy and any applicable procedures regarding meal charges must be communicated to school administrators, school food service professional, parents, and students. Parents will receive a copy of the meal charges policy via the Student and Parent Handbook and any applicable procedures at the start of each school year.

Legal References: Child Nutrition Act of 1966, 42 U.S.C. 1771 et seq.; National School Lunch Act, 42 U.S.C. 1751 et seq., 2 C.F.R. pt. 200; 7 C.F.R. pt. 210; 7 C.F.R. pt. 215; 7 C.F.R. pt. 220; United States Department of Agriculture Policy Memos SP 46-2016 and 47-2016, available at http://childnutrition.ncpublicschools.gov/regulations-policies/usda-policy-memos/2016/2016usda-policymemos; G.S. 115C-47(7), -47(22), -263, -264, -264.1, -426, -450, -522; 147, art. 6E; 16 N.C.A.C. 6H .0104; State Board of Education Policy TCS-S-000

Cross References: Parental Involvement (policy 1310/4002), Goals of School Nutrition Services (policy 6200), School Meal and Competitive Foods Standards (policy 6230), Goals of the Purchasing Function (policy 6400)

Adopted:

http://childnutrition.ncpublicschools.gov/regulations-policies/usda-policy-memos/2016/2016usda-policymemos



Track Changes OPERATION OF SCHOOL NUTRITION SERVICES Policy Code: 6220

All schools will participate in federal National Child Nutrition Programs and will receive commodities donated by the United States Department of Agriculture. All federal and state revenues will be accepted and applied to maximize the use of such funds for the purposes of providing nutritional meals to students at the lowest possible price. The superintendent or designee shall develop procedures as necessary to implement the operational standards established in this policy.

A. OPERATIONAL STANDARDS

The school nutrition services program will be operated in a manner consistent with board goals and board policy. The program also will be operated in compliance with all applicable state and federal law, including requirements of the National School Lunch Program and all federal guidelines established by the Child Nutrition Division of the United States Department of Agriculture. Specific legal requirements that must be met include, but are not limited to, the following.

1. No child will be discriminated against because of race, sex, color, national origin,disability, age, or eligibility status for free and reduced price meals.

2. The school nutrition services program will meet safety and sanitationrequirements established in local, state, and federal rules and guidelines for schoolnutrition services programs.

3. The school nutrition services program will have a written food safety programthat includes a hazard analysis critical control point plan for each school.

4. Menu preparation, purchasing, and related record keeping will be consistent withapplicable state and federal rules and guidelines.

5. Banking, financial record keeping, budgeting, and accounting will be conductedin accordance with generally accepted practices and procedures, as dictated by theSchool Budget and Fiscal Control Act and in accordance with state and federalguidelines.

6. Commodity foods donated by the United States Department of Agriculture will beused and accounted for in accordance with federal regulations.

7. Preference will be given in purchasing contracts to high-calcium foods andbeverages, as defined in G.S. 115C-264.1 and to foods grown or raised withinNorth Carolina.

Policy Code: 6220


8. Child Nutrition Program (CNP) funds will be used only for the purposes authorized by law. Indirect costs, as defined by law, will not be assessed to the CNP unless the program has a minimum of one month’s operating balance.

9. The price for meals will be determined in accordance with federal law.

10. Nonprogram foods will be priced to generate sufficient revenues to cover the cost of those items. A nonprogram food is defined as a food or beverage, other than a reimbursable meal or snack, that is sold at the school and is purchased using funds from the child nutrition account.

11. All school nutrition services will be operated on a non-profit basis for the benefit

of the CNP. School nutrition services are those that are operated from 12:01 a.m. until the end of the last lunch period.

12. All income from the sale of food and beverages that is required by law or regulation to be retained by the CNP will be deposited to the CNP account and will be used only for the purposes of the school’s non-profit lunch and breakfast programs. All funds from food and beverage sales not otherwise required by law to be deposited to the CNP account will be deposited into the proper school account in accordance with guidelines developed by the superintendent or designee.

13. All competitive foods sold on school campuses will meet federal and state

standards for nutrient content. B. MEAL CHARGES

Students who are required to pay for meals are expected to provide payment in a timely manner. The board recognizes, however, that students occasionally may forget or lose their meal money. In the event that a student is unable to pay for a meal on a particular day, the student may charge a reimbursable meal. A student carrying a negative balance of $______ exceeding five lunch meals in a meal account will not be permitted to accrue additional charges until the negative balance drops below five charged lunch meals $______. Instead the student will be served a designated alternate meal provided at no cost to the student. Appropriate modifications to the alternative meal will be made when required by the student’s documented special dietary needs. To safeguard the dignity and confidentiality of students in the serving line, reasonable efforts must be used whenever possible to avoid calling attention to a student’s inability to pay. The child nutrition director and principal shall work jointly to prevent meal charges from accumulating and shall make every effort to collect all funds due to the child nutrition program on a regular basis and before the end of the school term. Notices of low or negative balances in a child’s meal account will be sent to parents and the principal at regular intervals during the school year. If a parent regularly fails to provide meal money and does not qualify for free meal benefits, the child nutrition director shall inform the

Policy Code: 6220


principal, who shall determine the next course of action, which may include notifying the department of social services of suspected child neglect and/or taking legal steps to recover the unpaid meal charges. Parents are expected to pay all meal charges in full by the last day of each school year. Negative balances on student accounts will not be carried forward to the following school year. However, the The superintendent shall ensure that federal child nutrition funds are not used to offset the cost of unpaid meals and that the CNP is reimbursed for bad debt resulting from uncollected student meal charges prior to September 30 each year. This section of the policy and any applicable procedures regarding meal charges must be communicated to school administrators, school food service professional, parents, and students. Parents will receive a written copy of the meal charges policy via the Student and Parent Handbookand any applicable procedures at the start of each school year. and at any time their child transfers into a new school during the school year.

Legal References: Child Nutrition Act of 1966, 42 U.S.C. 1771 et seq.; National School Lunch Act, 42 U.S.C. 1751 et seq., 2 C.F.R. pt. 200; 7 C.F.R. pt. 210; 7 C.F.R. pt. 215; 7 C.F.R. pt. 220; United States Department of Agriculture Policy Memos SP 46-2016 and 47-2016, available at http://childnutrition.ncpublicschools.gov/regulations-policies/usda-policy-memos/2016/2016usda-policymemos; G.S. 115C-47(7), -47(22), -263, -264, -264.1, -426, -450, -522; 147, art. 6E; 16 N.C.A.C. 6H .0104; State Board of Education Policy TCS-S-000 Cross References: Parental Involvement (policy 1310/4002), Goals of School Nutrition Services (policy 6200), School Meal and Competitive Foods Standards (policy 6230), Goals of the Purchasing Function (policy 6400) Adopted:



Policy 6500 CHILD NUTRITION PROGRAMS

All schools shall participate in the National Child Nutrition Program, under the jurisdiction of the State Department of Public Instruction, Division of Child Nutrition. All programs shall be operated in accordance with federal guidelines established by the Child Nutrition Division of the United States Department of Agriculture, state guidelines established by the State Department of Public Instruction and local guidelines established by Board policy. Banking, recordkeeping, budgeting, and accounting for the food services program, shall be conducted in accordance with generally accepted practices and procedures, as dictated by the School Budget and Fiscal Control Act and in accordance with state and federal guidelines. The school system's food services program will comply with all local, state, and federal rules and regulations to establish and maintain high standards of safety and sanitation. Only school employees, personnel on official business with the school system, and local patrons on invitation shall be allowed to purchase meals prepared in conjunction with the school system's food services program. The adult price will be charged to all adult consumers. Legal Reference: G.S.115C-47(7), -47(22), -263, -264, -422 to -452; National School Lunch Act, as amended, 42 U.S.C. 1751, et seq.; Child Nutrition Act of 1966, as amended, 42 U.S.C. 1771, et seq.; 16 NCAC 6H.0004 Adopted Effective: July 1, 1999

Policy 6530 OUTSTANDING STUDENT MEAL CHARGES

The purpose of this policy is to insure compliance with federal reporting requirements for the Child Nutrition Program and to provide oversight and accountability for the collection of outstanding student meal balances. Federal reporting requirements do not allow the Child Nutrition Program to charge meals. Students may pay for meals in advance, at the time of purchases or make electronic payments.

Students will be served a differentiated meal when they accrue an unpaid balance in excess of the dollar limit established by the Board of Education. The differentiated meal shall consist of a sandwich (not peanut butter and jelly) and a four ounce juice. The school shall provide parents written notice when their child owes money to the school for meals.

All school cafeterias possess computerized point of sale/cash register systems that maintain a record of all monies deposited and spent for each student and said record will be made available to the parent upon request. Each school shall inform parents that meals can be paid for in advance and that balances may be maintained in their child’s account to minimize the possibility that the child may be without meal money on any given day. If a student is without meal money on a consistent basis, the principal will investigate the situation more closely, including contacting the parent/guardian to bring money to the school and/or encouraging the parent to apply for free or reduced price meals.

This policy’s provisions pertain to regular school breakfast and lunch meals only.

Federal policy prohibits the withholding of meals from a child as a form of discipline.

The Superintendent shall develop regulations and procedures to support this policy.

Legal Reference: 7 CFR 210, Office of Management and Budget Circular A-87 Adopted: June 26, 2008 Revised: October 28, 2010


FREE AND REDUCED PRICE MEAL SERVICES Policy Code: 6225 The school system will provide free meals and reduced price meals to eligible students in the schools. The principal shall make applications for free or reduced price meals readily available to parents or guardians and shall accept completed applications at any time during the school year. In accordance with the guidelines for participation in these programs, and in accordance with the wishes of the board, no student who meets the criteria for eligibility for free and reduced meal benefits will be denied a free lunch, milk, or other food simply because the proper application has not been received from his or her parent or guardian. The principal may complete an application, based on the best household size and income information available, for a student known to be needy if the parent or guardian fails to apply. The source of the information must be noted on the application. The principal shall ensure that school rules and procedures are implemented in ways that do not impede eligible students from participating fully in these programs. The information provided on each application is confidential. Employees with access to this confidential information must make reasonable efforts to maintain the anonymity of students participating in the free or reduced price meal program. Each year, the superintendent or designee shall ensure that the school system has met all federal requirements to verify the eligibility of applicants. When school personnel become aware of information that raises concerns about the integrity of an application, the superintendent or designee must verify the questionable information by following the verification for cause procedures set forth in federal regulations. The superintendent is authorized to apply for community eligibility as an alternative to collecting individual household applications for free and reduced price meals for any school or group of schools that meet the eligibility requirements for community eligibility established by federal law. In schools approved for participation pursuant to the community eligibility requirements, the board will serve free lunches and breakfasts to all students in the school without regard to income and will cover with non-federal funds any costs of providing the free meals above the amounts provided by federal assistance. Participating schools will not collect free and reduced price applications from households. The superintendent shall establish procedures that conform to state and federal requirements regarding participation in programs for free and reduced priced meal benefits. Legal References: Child Nutrition Act of 1966, 42 U.S.C. 1771 et seq.; 7 C.F.R. Parts 210, 215, 220, and 245; Family Educational Rights and Privacy Act, 20 U.S.C. 1232g; Healthy, Hunger Free Kids Act of 2010, P.L. 111-296; National School Lunch Act, 42 U.S.C. 1751, et seq.; G.S. 115C-263, -264

Policy Code: 6225


Cross References: Goals of School Nutrition Services (policy 6200) Adopted:

Policy 6520 FREE AND REDUCED-PRICE MEALS

The child nutrition services program shall participate in the national school lunch program, school breakfast program, and receive commodities donated by the United States Department of Agriculture; and it shall accept responsibility for providing free meals and reduced-price meals to eligible children in the schools. Application forms for free and reduced-price meals, along with any explanatory materials, shall be sent to all students' homes by the school principal during the first week of school. Additional copies shall be made available in the principal's office at each school. The information provided on each application is confidential, and may be used only for the purpose of determining eligibility for free or reduced-price meals. Applications may be submitted at any time during the school year. In certain cases, foster children may also be eligible for these benefits. If a family has foster children living with the family and wishes to apply for meals, the family should be directed to contact the school principal. No child will be discriminated against because of race, sex, color, or national origin. The child nutrition services director shall review all applications for free or reduced-price meals and determine eligibility. Eligibility forms are to be signed by the child nutrition services director, as the verifying official, and kept on file in the office of the child nutrition services director for three years and three months. In the event that a parent should be dissatisfied with the verifying official's decision, the parent may request, either orally or in writing, a hearing to appeal the decision. The Superintendent shall designate a hearing officer for the program. The hearing officer, as well as the verifying official, shall maintain copies of the hearing procedure, which may be reviewed by any interested party. Legal Reference: G.S.115C-47(7), -47(22), -263, -264; National and School Lunch Act, as amended, 42 U.S.C. 1751, et seq., Child Nutrition Act of 1966, as amended, 42 U.S.C. 1771, et seq.; 16 NCAC 6H.0004 Adopted Effective: July 1, 1999


SCHOOL MEAL AND COMPETITIVE FOODS STANDARDS Policy Code: 6230 All employees or other individuals who select foods or beverages to be sold to students on a school campus during the school day shall select and procure such foods and beverages in a manner consistent with the goals established by the board in policy 6200, Goals of School Nutrition Services, and policy 6140, Student Wellness, and with all state and federal laws and regulations. Additionally, in furtherance of the board’s goals, the board establishes the following standards for school meals and other foods sold or available on school campuses. A. SCHOOL MEAL REQUIREMENTS

Meals and snacks provided through the National School Lunch, School Breakfast, and After School Snack Programs must comply with all federal nutrition standards applicable to the respective program, including meal component requirements and dietary standards.

B. FOODS OTHER THAN SCHOOL MEALS 1. Definitions

a. School day As used in this policy, “school day” means the period from midnight through 30 minutes after the dismissal bell rings.

b. Competitive foods Competitive foods are all foods and beverages, other than meals reimbursed through the federally-funded school nutrition programs, available for sale to students on campus during the school day.

2. Foods Sold From Midnight Until the End of the Last Lunch Period

The sale of food and beverages between midnight and the end of the last lunch period is the responsibility of the Child Nutrition Program (CNP), and the CNP will retain the proceeds. No foods or beverages may be sold to students on any school campus during that time period except through the Child Nutrition Program. The school principal and CNP personnel shall ensure that all competitive foods, including vended a la carte and all other a la carte or supplemental food and beverages, sold during that time period meet the federal Smart Snacks nutrition standards.

3. Foods Sold Between the Last Lunch Period and the End of the School Day

Policy Code: 6230


Each year, through its School Nutrition Program Annual Agreement, the board will establish accountability for the sale of competitive foods during the period between the end of the last lunch period and the end of the school day. All foods sold during that period must comply with the federal Smart Snacks nutrition standards. This includes foods sold in vending machines (see subsection B.4, below), in school stores, and in other sales venues on the school campus.

4. Foods Sold After the School Day

Foods sold after the school day are not subject to the federal Smart Snacks standards but are subject to any school rules established pursuant to policy 6140, Student Wellness.

5. Vending Sales During the School Day

In elementary schools, no beverage or snack vending to students is permitted outside of the School Nutrition Program. In middle and high schools, all vended snack foods and beverages sold during the school day must meet the federal Smart Snacks standards and any more restrictive state requirements. Bottled water must be available in every school that has beverage vending.

6. Fund-Raising Activities Involving Food or Beverages

All fund-raising activities that involve the sale of food or beverages to students during the school day must comply with the federal Smart Snacks standards. However, no such fund-raising activities are permitted from midnight until the end of the last lunch period. Tokens of exchange for foods or beverages to be delivered later in the day also are prohibited during this time period. Fund-raising activities that are conducted after the school day are not required to comply with the federal Smart Snacks nutrition standards, but are subject to policy 6140, Student Wellness, and any school rules established pursuant to that policy.

7. Foods Brought from Home for School Events Each school principal may establish standards for food and beverages brought from home to be shared for classroom events or parties during the school day or for extracurricular activities after school. The board encourages principals to establish rules that are consistent with the Smart Snacks nutrition standards.

8. Responsibility for Compliance with the Limits on the Sale of Competitive Foods

Policy Code: 6230


The limitations on the sale of competitive foods during the school day established by law and this policy are intended to encourage students to develop healthy eating habits and to ensure the ability of the schools to provide nutritious meals at the lowest possible cost. All employees, student groups, volunteers, school support organizations, and other parties within the school environment must comply with the restrictions and conditions on the sale of competitive foods to students during the school day imposed by federal and state law, this policy, and the terms of the board’s School Nutrition Program Annual Agreement. The superintendent shall hold each principal responsible for consistent enforcement of this policy.

9. Consequences for Non-Compliance with the Limits on the Sale of Competitive Foods Employees will be subject to disciplinary sanctions for violating the requirements pertaining to the sale of competitive foods as described in this or other relevant board policy, the board’s School Nutrition Program Annual Agreement, or federal or state law or regulation. Discipline may include suspension or dismissal for repeated willful violations. The superintendent may take all reasonable steps necessary to prevent violation of the competitive foods rules by any student or student group, volunteer, school support organization, or other party. If a school is found by the North Carolina Department of Public Instruction to be in violation of the rules pertaining to the sale of competitive foods as established in federal or state law or State Board of Education policy TCS-S-000 and the violations results in a monetary sanction against the Child Nutrition Program, the superintendent may require the school’s principal to reimburse the Child Nutrition Program from the operating account of the school.

Nothing in this policy is intended to regulate or limit foods that students bring from home as part of a bag lunch. Legal References: Child Nutrition Act of 1966, 42 U.S.C. 1771 et seq.; Healthy, Hunger-Free Kids Act of 2010, P.L. 11-296, 7 C.F.R. Part 210; National School Lunch Act, 42 U.S.C. 1751, et seq.; G.S. 115C-47(7), -47(22), -263, -264, -264.2, -264.3; State Board of Education Policy TCS-S-000, TCS-S-002; Eat Smart: North Carolina’s Recommended Standards for All Foods Available in School, NC Department of Health and Human Services, NC Division of Public Health (2004) Cross References: Student Wellness (policy 6140), Goals of School Nutrition Services (policy 6200)

Policy Code: 6230


Adopted:



PRECIS

Agenda Item: Joint Resolution Regarding K-3 Class Size Reduction Implementation by Durham County Commissioners and the Durham Board of Education

Staff Liaison Present: Aaron Beaulieu Phone#: 560-3831 Board Member Presenting: Natalie Beyer

Main Points:

• Durham County Commissioners and the Durham Board of Education are in support of a resolution in the reduction and slow implementation of K-3 class sizes and request full funding from the General Assembly to support this initiative.

Administration submits the attached draft resolution for discussion and subsequent Board approval. Fiscal Implications: None Purpose



Joint Resolution Regarding K-3 Class Size Reduction Implementation by Durham County Commissioners and the Durham Board of Education

Whereas, pursuant to S.L. 2017-9, local school districts in 2018-19 are required to set class size averages in grades K-3 that equal the State classroom teacher funding ratios and will have to meet more restrictive individual class size maximums across those grade levels; and

Whereas, an immediate reduction in the K-3 class size maximum will worsen what is already a very difficult environment for LEAs in finding licensed and qualified teachers to fill classrooms, most likely leading to more classrooms taught by long-term substitutes or lateral-entry teachers, who do not have the pedagogy and classroom management training necessary; and

Whereas, equalizing the average and funded K-3 class size ratios will result in the loss of flexibility to generate State funding for teaching positions in program enhancement courses like art, music, physical education; and

Whereas, in Section 2.1 of S.L. 2017-197, the General Assembly declared its intent to create a new funding stream for program enhancement teachers starting in 2018-19; and

Whereas, separate, additional funding allotments for program enhancement teachers like art, music, and physical education are essential to provide each student in North Carolina a sound and basic education, and

Whereas, even when this funding is provided, there are still classroom space and staffing challenges in implementing the new K-3 class size requirements which are outlined below; and

Whereas, the Durham County Commissioners, City Council and Board of Education established a Pre-K Task Force to increase early childhood education in our community and are committed to expanding access to early childhood education rather than reducing Pre-K classrooms in an attempt to make space for the K-3 class size reductions; and

Whereas, the immediate reduction in individual class size maximums in grades K-3 would in turn increase the number of physical classrooms required at these grade levels, adding to already $399 million in unmet school capital needs in Durham; and

Whereas, Durham Public Schools estimates that in order to comply, Durham Public Schools would need to build 63 new classroom and hire 90 additional teachers for 2018-19; and

Whereas, Durham does not have capital funding to build new classrooms or purchase additional modular classrooms and a new modular unit requires approximately one year to bring online; and

Whereas, Durham lacks space to implement the class size reductions and has already converted art and music rooms into traditional classrooms and has those teachers travel from room to room with a cart to deliver program enhancement classes in traditional classrooms; but this doesn’t work well with unique aspects of art and music education; and

DRAFT

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Whereas, art classes use messy supplies such as paint and clay while music classes generate loud sounds that, without adequate sound proof walls, will travel to neighboring classrooms and disrupt learning in those classes; and

Whereas, districts that lack space to implement the class size reductions may need to also convert gymnasiums into traditional classrooms, which would mean that physical education courses are held outdoors with no alternative for days with adverse weather conditions; and

Whereas, County Commissioners and Local Boards of Education are already working together to budget and plan for the 2018-19 academic year and this issue requires immediate attention by the NCGA.

Therefore, be it resolved that the Durham Board of County Commissioners and Durham Board of Education respectfully request the General Assembly fully fund small classes and slow implementation of the K-3 class size reductions outlined in S.L. 2017-9 through a multi-year phase-in that allows time for the legislature and school districts to address the challenges delineated above, and

Be it further resolved that the NCGA provide full funding for all enhancement teachers, and

Be it further resolved that the NCGA approve HB 866: Public School Building Bond Act of 2017, so that districts across North Carolina are better able to meet their school facility needs associated with class size reduction and growth.

Adopted by the Durham County Commissioners on Monday, December 11, 2017 and the Durham Board of Education on Thursday, December 14, 2017

Wendy Jacobs, Chair James Hill, Vice-Chair

Heidi Carter Brenda Howerton

Ellen Reckhow

Mike Lee, Chair Steve Unruhe, Vice-Chair

Natalie Beyer Xavier Cason

Minnie Forte-Brown Matt Sears

Bettina Umstead

DRAFT

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Durham Public Schools

Operational Services & Policy Work Session PRECIS

Agenda Item: Custodial Contract Extension

Staff Liaison Present: Aaron Beaulieu Phone#: 560-3831 Kenneth Barnes 560-3827 Lavel Young 560-3827

Main Points:

• The administration previously informed the board that it was planning to seek an additional extension of the current custodial contract.

• The current contract extension ends December 31, 2017. The proposed extension will take the contract through May 31, 2018. There will be no added cost to DPS.

• Administration is currently working on rebidding the custodial contract and reviewing the cost of in-house versus out-sourced methods.

Administration submits this extension for action. Fiscal Implications:

• The contract extension will be at the same rate as 2016-17. Purpose


Reviewed by: Finance __________ Attorney ED

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STATE OF NORTH CAROLINA COUNTY OF DURHAM

THIRD AMENDMENT TO MANAGEMENT AND SERVICES AGREEMENT BETWEEN SSC SERVICE SOLUTIONS AND THE DURHAM PUBLIC SCHOOLS

This Amendment is made and entered into as of the date of the last signature below by and between DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION (“Board”), and SSC Service Solutions (“Contractor”), a corporation duly organized, validly existing and in good standing under the laws of the State of North Carolina: WHEREAS the parties have entered into a Management and Services Agreement dated July 1, 2012, and renewed in January 2016 and November 2016; and WHEREAS the parties previously agreed to extend their current agreement through December 31, 2017, and now wish to extend the current agreement through May 31, 2018; THEREFORE, the Parties agree to extend the termination date of the Agreement to May 31, 2018 and agree that the Agreement shall not automatically renew beyond that date. The agreement may be further extended only by mutual written agreement of both parties. The parties further agree that the monthly charge from the date of this agreement through May 31, 2018, will be $576,797.67, this amount to include SSC’s obligations for payment of a livable wage pursuant to the Agreement, which obligations remain in full effect. The terms of this Amendment supersede any conflicting terms in the Agreement or prior amendments. Except as amended herein, the terms of the Management and Services Agreement remain unchanged. DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION By: ___________________ Dr. Pascal Mubenga, Superintendent Date SSC Service Solutions By: _____________________________ ____________________ (President or other authorized official) Date Attest: ______________________________ _____________________ Secretary Date [Corporate Seal] This information has been pre-audited in the manner required by the School Budget and Fiscal Control Act. _________________________________ _______________________ Finance Officer Date



PRECIS

Agenda Item: 2016-17 Comprehensive Annual Financial Report (CAFR)

Staff Liaison Present: Paul D. LeSieur Phone#: 560-3544

Main Points:

• The fiscal year 2016-2017 Durham Public Schools Comprehensive Annual Financial Report (CAFR) prepared by the Financial Services staff and audited by the certified public accounting firm of Rives & Associates, LLP will be presented and available at the December 14, 2017 OS&P work session.

Administration submits this audit for action. Fiscal Implications:

• It is required by Public School Law 115C-447 that public schools have their accounting records audited annually by a certified public accountant or an accountant certified by the Local Government Commission.

Purpose





PRECIS

Agenda Item: Central Services Salary Study – Update

Staff Liaison Present: G. Scott Denton Phone#: 560-3829 Kimberly Hager 560-3671

Main Points:

• Administration has been working on the compensation structure for Central Services

employees. An update will be provided on the development of salary ranges, guidelines for granting experience credit and the process for placing jobs within the new structure.

• Administration submits this item for information. Fiscal Implications: To be determined

Purpose



12-1-17 State Scale + 15% Minimum

StatePay Grade Minimum Minimum Difference Minimum Difference

50 $11.44 $13.15 $1.71 $15.00 $3.5651 $11.44 $13.20 $1.76 $15.00 $3.5652 $11.44 $13.25 $1.81 $15.00 $3.5653 $11.44 $13.30 $1.86 $15.00 $3.5654 $11.44 $13.35 $1.91 $15.00 $3.5655 $11.54 $13.40 $1.86 $15.00 $3.4656 $11.88 $13.45 $1.57 $15.00 $3.1257 $12.11 $13.50 $1.39 $15.00 $2.8958 $12.33 $13.55 $1.22 $15.00 $2.6759 $12.72 $13.60 $0.88 $15.00 $2.2860 $13.13 $13.65 $0.52 $15.00 $1.8761 $13.57 $13.70 $0.13 $15.00 $1.4362 $14.01 $14.01 $0.00 $15.00 $0.9963 $14.48 $14.48 $0.00 $15.00 $0.5264 $14.96 $14.96 $0.00 $15.00 $0.0465 $15.47 $15.47 $0.00 $15.47 $0.0066 $16.01 $16.01 $0.00 $16.01 $0.0067 $16.60 $16.60 $0.00 $16.60 $0.0068 $17.19 $17.19 $0.00 $17.19 $0.0069 $17.81 $17.81 $0.00 $17.81 $0.0070 $18.50 $18.50 $0.00 $18.50 $0.0071 $19.19 $19.19 $0.00 $19.19 $0.0072 $19.89 $19.89 $0.00 $19.89 $0.0073 $20.64 $20.64 $0.00 $20.64 $0.0074 $21.49 $21.49 $0.00 $21.49 $0.0075 $22.40 $22.40 $0.00 $22.40 $0.0076 $23.32 $23.32 $0.00 $23.32 $0.0077 $24.35 $24.35 $0.00 $24.35 $0.0078 $25.42 $25.42 $0.00 $25.42 $0.0079 $25.56 $25.56 $0.00 $25.56 $0.0080 $27.74 $27.74 $0.00 $27.74 $0.0081 $28.99 $28.99 $0.00 $28.99 $0.0082 $30.26 $30.26 $0.00 $30.26 $0.0083 $31.66 $31.66 $0.00 $31.66 $0.0084 $33.12 $33.12 $0.00 $33.12 $0.0085 $34.63 $34.63 $0.00 $34.63 $0.0086 $36.21 $36.21 $0.00 $36.21 $0.00

Central Services Salary Schedule Analysis

$15 Per HourDPS Proposed Grades



Experience Verification – Classified Employees

Effective January 1, 2018 Page 1

Validation of experience credit is a fundamental part of the Durham Public Schools Classified Salary System. Proper placement on a salary grade is dependent upon consideration of prior relevant work experience combined with non-relevant service as a Public Schools or State employee. Relevant experience is a key component in determining how many years (or steps) an employee or prospective employee will be granted for placement on a pay scale. Non-relevant experience as a Durham Public Schools employee, although less valuable than relevant experience, will be receive partial credit.

Relevant experience is previous experience that is relevant for the job for which you currently performing or are applying. For example if you are applying for a job working as a bus driver a previous job working with students would be relevant while a previous job working as a carpenter would not be relevant.

The following guidelines will be used when determining experience credit for classified employees.

Relevant Experience Non-Relevant Experience Durham Public Schools Service

1 year credit for each 1 year worked

1 year credit for every 1.5 years worked

Public Schools Service 1 year credit for each 1 year worked

1 year credit for each 2 years worked

State Employee Service 1 year credit for each 1 year worked

1 year credit for each 2 years worked

Private Employer Service 1 year credit for each 1.5 years worked

No Credit granted

Experience Credit is not granted for partial service.

In order to receive credit for prior work experience, a Verification Of Employment For Salary Placement form must be completed (one for each previous employer). The form must be completed by each employer and should detail the positions held while employed.

Employees/Applicants that were self-employed must complete and sign the form. If previous employers cannot be located or are no longer in business, the employee/applicant may submit the form on behalf of the employer. In either of these cases, experience credit will be granted at the discretion of the Human Resources Department.


Central Services Classification Guidelines


The following guidelines will be used when determining the salary grade placement for positions within Durham Public Schools. Highly specialized or technical positions may be placed on a Salary Grade that is comparable to required expertise, but in all cases must be approved by the Human Resources Department.

Deputy Superintendent – Salary and Qualifications Determined by the Superintendent

Area/Assistant Superintendent – Salary Grade – (85 – 86)

- Educational Requirements: Masters or higher degree preferred. - Experience: School administrative experience preferred; 15+years’ experience in educational

leadership preferred. - Scope of Management: 3 or more major departmental areas. - Human Resources Authority: Makes hiring recommendations for Principal/Executive Director

level positions and is responsible for their evaluations - Decision Making Authority: Broad organizational responsibility specific for departmental areas. - Budget Responsibility: Broad scope of budget authority and control. - Communications Authority: Responsible for communications on a district wide level involving

multiple disciplines affecting both internal and external stakeholders. Serves as district spokesperson for areas of responsibility in collaboration with Public Affairs.

- Board of Education: Routinely presents information to the Board for multiple departments; prepares precis and materials for Board meetings.

Executive Director – Salary Grade – (82 – 84)

- Educational Requirements: Masters or higher degree preferred. - Experience: School administrative experience preferred; 10+years’ experience in educational

leadership preferred. - Scope of Management: 2 or more major departmental areas. - Human Resources Authority: Makes hiring recommendations for Coordinators/Director level

positions and is responsible for their evaluations - Decision Making Authority: Autonomy for broad organizational decision responsibility specific to

departmental areas. - Budget Authority: Significant scope of budget authority and control (Upper levels have

increasingly significant budget authority and control). - Communications Authority: Responsible for communications on a district wide level involving

specialized disciplines affecting both internal and external stakeholders. - Board of Education: Presents information at the Board level as requested.




Director – Salary Grade – (78 – 81)

- Educational Requirements: Masters or higher degree preferred. - Experience: School administrative experience preferred; 5+years’ successful experience in

educational leadership preferred. - Scope of Management: 1 or more major departmental areas. - Human Resources Authority: Makes hiring recommendations for Coordinators/Specialist level

positions and is responsible for their evaluations - Decision Making Authority: Limited autonomy for organizational decision responsibility specific

to departmental area(s). - Budget Authority: Scope of budget authority and control is specific to the departmental area(s). - Communications Authority: Responsible for communications on a departmental level affecting

both internal and external stakeholders. - Board of Education: Presents information at the Board level as requested.

Assistant Director / Content Specialist / Highly Specialized Positions– Salary Grade (75 – 78)

- Educational Requirements: Bachelors or higher degree preferred. - Experience: Demonstrated successful experience in content/operational area required.

o Academic positions: Experience in leading curriculum development and professional development desired; experience interpreting, analyzing and using data to inform instruction; current North Carolina teaching license; experience with coaching/mentoring teachers.

o Operational positions: Significant experience in complex operational areas normally acquired through 10+ years of experience.

- Scope of Management: Responsible for one or more areas within a department . - Human Resources Authority: Participates in hiring process for content area; responsible for

subordinate employee evaluations as assigned by the Director. - Decision Making Authority: Specific to the assigned departmental or specialty area. - Budget Authority: Scope of budget authority and control is specific to the departmental area(s). - Communications Authority: Responsible for communications within a department/area

concentrated in an area of expertise. - Board of Education: Assists with preparation of materials as requested. - Impact on Curriculum/Instruction/Prevention/Intervention: Contributes to the development,

coordination, implementation and ongoing evaluation of literacy, mathematics, science and social studies/world languages initiative.

- Positions possessing highly technical skill sets may be placed in these ranges.




School Based Content Coach / Operations Coordinator / Other Specialists – Salary Grade (72 – 74)

- Qualifications: Master’s Degree preferred; 5+ years’ experience as a subject area or equivalent combination of education/experience.

- Scope of Specialization: Responsible for 1 or more areas within a single Department. - Decision Making Authority: Decision making authority is specific to the subject or department

area. - Impact on Curriculum/Instruction: Provides coaching support and evaluation of literacy,

mathematics, science and social studies/world languages initiatives or student support intervention and prevention initiatives and services

- Communications Authority: Communications typically limited to issues directly affecting areas of expertise within a department.

Office Support V – Salary Grade - 63

- Typically Reports to: The Board of Education, Superintendent or Deputy Superintendent - Scope of Management Support: Provides support for the highest level school system officials

that span all departmental and school areas - Independent Decision Making Authority: The work requires a high degree of resourcefulness.

Most actions are directed by general policies and precedents of the system or by own judgment. The employee is expected to plan and organize work methods to produce the assigned outcomes.

- Qualifications: High School Diploma or equivalent required; two year degree or advanced certificates preferred; 8 - 10 years’ relevant experience preferred

Position matches Office Support V – Class Specifications for Noncertified Public School EmployeesOffice

Office Support IV –Salary Grade - 61

- Typically Reports to: Assistant Superintendent - Scope of Management Support: Provides support for top level school system officials that span

multiple departmental and school areas - Independent Decision Making Authority: Many actions are taken by the employee based on

general methods, policies and purposes. A large volume of guides are available for other actions. Unusual situations arise with some frequency requiring discretionary judgment, analysis and independent action. The employee receives general direction.

- Qualifications: High School Diploma or equivalent required; two year degree or advanced certificates preferred; 5 - 8 years’ relevant experience preferred

Position matches Office Support IV – Class Specifications for Noncertified Public School Employees




Office Support III –Salary Grade - 59

- Typically Reports to: Executive Director/Director - Scope of Management Support: Provides support for one or more high level departmental or

school areas - Independent Decision Making Authority: A large variety of guidelines are used when making

decisions; employee is expected to analyze facts, determine the correct procedure to use and resolves problems independently under general supervision.

- Qualifications: High School Diploma or equivalent required; advanced certificates or education preferred; 3 - 6 years’ relevant experience

Position matches Office Support III – Class Specifications for Noncertified Public School Employees

Office Support II –Salary Grade - 57

- Typically Reports to: Manager/Supervisor/Assistant Director - Scope of Management Support: Provides support for a specialized function within a

departmental or school area - Independent Decision Making Authority: Follows general guidelines when making decisions;

decisions and tasks are typically of a specialized nature. Problems of medium difficulty are solved with little assistance under limited supervision.

- Qualifications: High School Diploma or equivalent required; 1 - 4 years’ relevant experience preferred

Position matches Office Support II – Class Specifications for Noncertified Public School Employees

Office Support I –Salary Grade - 55

- Typically Reports to: Manager/Supervisor/Assistant Director - Scope of Management Support: Provides basic levels of support for within a departmental or

school area - Independent Decision Making Authority: Follows pre-determined guidelines when making

decisions; most decisions and tasks are routine and repetitive in nature. Minor problems solved by employee under direct supervision.

- Qualifications: High School Diploma or equivalent required; 0 – 3 years’ relevant experience preferred

Position matches Office Support I – Class Specifications for Noncertified Public School Employees

December 14, 2017


PRECIS

Agenda Item: Mark III Contract Renewal

Staff Liaison Present: Freddie McNeil Phone # 560-2000 Kimberly Hager 560-2353

Main Points: • Administration is seeking approval from the Board of Education for renewal of the Mark

III Brokerage, Inc. Contract for Section 125 Services. The contract will become effectiveJanuary 1, 2018 to December 31, 2020.

Fiscal Implications: • Mark III Brokerage will offer the Section 125 program at no cost to the employer or its

employees.

Purpose

Information Discussion Action Consent

Reviewed by: Finance ____________ Attorney __________

December 14, 2017


Executive Summary Mark III Brokerage, Inc. Contract Renewal

Mark III Brokerage, Inc. has provided Section 125 (Cafeteria Benefits Plan) to Durham Public Schools since 2009.

The Cafeteria Benefits Plan includes the following: • Dental (Self Insured)• Vision• Allstate Cancer• American United Life Disability (Short Term)• Aflac (Critical Illness and Accident)• Flexible Spending Account• Minnesota Term Life• Texas Whole Life

Mark III Brokerage will act as the broker for all of the Section 125 insurance programs for DPS and will continue to provide the following:

• An employee benefits web site• Electronic benefits enrollment• Employee communication via both group meetings and individual meetings• Section 125 booklets for all employees which includes all benefits information in one

concise and informative document

Mark III Brokerage offers the Section 125 insurance program at no cost to the employer or its employees.

Mark III Brokerage provides full time personnel to answer questions that DPS employees and staff might have.

Continuing with Mark III Brokerage allows for employees to have consistency with their cafeteria benefits plan. When changes are made to the plan, then employees have to make changes as well. Mark III has worked closely with both Finance and Human Resource Services to ensure that DPS employees receive quality services for their Section 125 insurance programs.

Administration is seeking approval from the Board of Education for renewal of the Mark III Brokerage, Inc. Contract for Section 125 Services. The contract will become effective January 1, 2018 to December 31, 2020.

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Contract for Section 125 Services

Between Durham Public Schools and Mark III Brokerage, Inc.

THIS AGREEMENT made the 1st of November, 2017 between Durham Public Schools whose business is at 511 Cleveland Street Durham, NC 27702 and Mark III Brokerage, Inc., a North Carolina Corporation whose business address is 211 Greenwich Road, Charlotte, North Carolina 28211.

Durham Public Schools has agreed to contract with Mark III Brokerage as the Section 125 (Cafeteria Benefits Plan) broker effective January 1, 2018 to December 31, 2020. Thereafter, the contract is renewable on an annual basis.

Responsibilities of Mark III Brokerage:

1. Mark III Brokerage will act as the broker for all of the insurance programsimplemented in the Section 125 program for Durham Public Schools.

2. Mark III’s responsibilities include:

a. Prepare, market, and evaluate the responses to requests for proposalscreated by Mark III Brokerage. The specifications will be developed withthe input from the customer.

b. The criteria for the requests for proposal will be based on, but not limitedto the following:

1. Outstanding service, including but not limited to, strong client servicesupport, home office underwriting, contracts and legal servicedepartments, claims processing, and related customer service.

2. Competitive plan designs.

3. Competitive rates or fee structure.

4. Future stability of rates.

5. Providing comprehensive experience reports to the client so that anevaluation can be made as to the plan performance.

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6. Carrier flexibility when plan design changes are necessary to meet theneeds of the employees and the employer.

7. Provides ongoing quality service and a service team that is dedicatedto solving problems that arise during the plan year.

c. Mark III Brokerage will provide an employee benefits web site. The website will include the following:

1. A link to the State Health Plan.

2. Description of the Section 125 benefits.

3. Forms available online for the employees to download.

4. Product information online.

d. Mark III Brokerage will provide an electronic enrollment for theappropriate benefits for included in the plan. The elections collected willbe:

Dental CoverageMedical and Dependent Care Spending Account ElectionsVarious Payroll Deduction Elections

e. Mark III Brokerage will return the enrollment results back to theemployer, which can be down loaded in to your payroll system.

f. The communication will be handled in two phases;

1. Group Meetings – As needed, Mark III will conduct grouppresentations. At the group meetings, the employees are giveninformation concerning all of the benefits. To review all of thebenefits, the meeting will last approximately 30 minutes. The amountof content communicated during the group presentation is up to theemployer.

2. Individual Meetings - The employees are given time to meet with anenroller on a one-on-one basis. These meetings will be held atspecific times and at the work locations. At this time, questions maybe asked and forms completed. A copy of the election form is givento the employee as a confirmation.

3

3. Allow employees to make their annual elections on the Web.Employees can perform the following functions on the Site:

• Employees can view and change certain personal information –based on allowable changes.

i. Change address.ii. Change home phone number.

• Employees can view current enrollment information in thefollowing:

i. Dental Coverage.ii. Flexible Spending Account Participation.iii. Group Life.iv. Disability.v. Other defined benefits as permitted.

• Enroll in the Dental Program.

a. Designate covered dependents in the Dental Plan.

b. Enroll in Medical and Dependent Care Flexible Spending Accounts.

c. Enroll in Supplemental Group Life – Depending on EnrollmentRules and Carrier cooperation.

d. Enroll in Disability – Depending on Enrollment Rules and Carriercooperation.

e. Enroll in other benefits as allowed and contingent upon Carriercooperation.

f. Descriptions of covered benefits are provided.

g. The enrollment results will be returned back to Durham PublicSchools and designated vendors.

h. The expectation is that the annual enrollment will be conducted inthe three months prior to the plan year beginning each year.

i. While it is the expectation of Mark III Brokerage to accommodateevery request for web-enrollment processes by Durham PublicSchools, the web, like every enrollment process does have its

4

limitations. Any request for enrollment processes of functionality must be approved by Mark III Brokerage. This is to ensure that the promises made can be delivered on.

j. The Site will only use carrier-approved forms for enrollment,statement of health, and beneficiary designation. Approval isrequired for use of any carrier form or document. No changes willbe made to the content or format of the carrier forms ordocuments, without their approval, and, if required, regulatoryapproval.

Use of carrier forms and documents is subject to any otherconditions established by the carrier, e.g., use of carrier controlnumbers, time limits or periodic re-approval of use.

k. Prior to an employee conducting transactions on the Site, the Sitewill require employees give their consent to the use electronicsignatures, records and transactions.

l. To comply with certain legal requirements related to transactions,the site shall deliver information and documents as specified bythe carriers.

g. Mark III Brokerage will offer the Section 125 program at no cost to theemployer or its employees. This includes premium conversion andflexible spending accounts. To enable us to deliver a quality Section 125program to you at no cost, Mark III will be the broker for all programsmarketed as part of the Section 125 program.

h. Non-commissioned Enrollment Team - All of the enrollers used by MarkIII are non-commissioned.

i. Mark III will produce Section 125 booklets for all of your employees. Theinformation is in a concise and informative format. The brochure willgive your employees all of their benefits information in one document.

j. Mark III will provide full time service personnel to answer questions thatyour employees and staff might have. Our service staff’s coreresponsibility is only to address the needs of our customer. They are notresponsible for marketing. We are advocates for the employer and itsemployees, not the insurance company.

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3. Responsibilities of the third-party administrator:

a. The Third Party Administrator with whom Mark III coordinates shalldesign the Plan Document and keep updated as necessary.

b. The Third Party Administrator with whom Mark III coordinates willadjudicate the claims incurred by the employees and dependents of thecustomer.

Responsibilities of Durham Public Schools (known as the employer):

1. Durham Public Schools agrees to support Mark III Brokerage’s efforts tocommunicate the Section 125 program by making the employees availableduring working hours.

2. Durham Public Schools agrees to take and remit the payroll deductions for thevarious firms involved in the Section 125 program.

3. Durham Public Schools will discourage vendors who solicit insurance productsthat compete with the Section 125 program from contacting employees duringnormal school hours on school property.

4. Durham Public Schools will actively support the efforts of ImpactInteractive/Mark III Brokerage to build and communicate the Site. Support isdefined as:

a. Providing accurate electronic enrollment and personnel data on atimely basis.

b. Communicate and promote the Site to the employee population andthe procedures for enrollment in the Site.

c. Provide locations at work for employees to enroll on the web.

6


Signed: ___________________________

By: ______________________________

Date: _____________________

Mark III Brokerage, Inc.

Signed: ___________________________

By: ______________________________

Date: _____________________

7

Operational Services & Policy Work Session

Monthly Timeline - Work Session Topics

Activity Aug. Sept. Oct. Nov. Dec. Jan. Feb. March April May June

District Goals and Priority SettingDistrict Goals and Priorities

Policy Review

Redistricting InformationFY 2017-18 Capacity/Enrollment-ElementarySpace Utilization/Class-size impactBoundary /Attendance Line ReviewCapacity/K-3 Class Size PrioritiesMagnet Program Review

Human ResourcesCompensation Study

Principal Salary Schedule Changes Central Office/Classified Salaries

360 Evaluation UpdateSubstitute ProcessTeacher ContractsMark III Contract

Finance Budget Resolution Allotment Formula Review

Budget Retreat Superintendent's Proposed Budget

Board of Education's Budget

Monthly Timeline - Work Session Topics

Activity Aug. Sept. Oct. Nov. Dec. Jan. Feb. March April May JuneComprehensive Annual Financial Review (CAFR)

Capital Planning/MaintenanceBond Project Update

Capital /Deferred Maintenance Needs Custodial Program Review/RFP

TransportationBell Time SurveyTransportation Data Review

Topic TimelineActivity TimelineActivity CompleteNew Activity Added