EASTPORT-SOUTH MANOR CENTRAL SCHOOL DISTRICT BOARD …€¦ · 2019-11-13 · Speakers are asked to keep their comments brief, and to speak for no longer than five minutes. AREAS

11.13.19 agenda Page 1 of 3

EASTPORT-SOUTH MANOR CENTRAL SCHOOL DISTRICT BOARD OF EDUCATION

Cheryl Hack, President ● Michael Byrnes, Vice President

Marion Diener ● Francesco G. Ferraro ● Donald Fox ● Jeffrey Goldhammer ● Danielle Warsaw Sharon P. Murray, District Clerk Stuart Berman, District Treasurer

Joseph A. Steimel, Superintendent of Schools

Adam Frankel, Assistant Superintendent for Curriculum & Instruction Timothy Laube, Assistant Superintendent for Business & Operations

Linda A. Weiss, Assistant Superintendent for Personnel & Student Support Services

MEETING AGENDA November 13, 2019 Board Meeting Room 7:00 P.M. CALL TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS

A. Student Ambassadors ACCEPTANCE OF MINUTES

A. October 30, 2019 Regular Meeting

REPORTS/ANNOUNCEMENTS – SUPERINTENDENT OF SCHOOLS PUBLIC PARTICIPATION – 1ST INVITATION Please Note: This is the opportunity for persons who wish to speak or who have written letters to the board regarding topics that are included on this agenda. Speakers are asked to keep their comments brief, and to speak for no longer than five minutes. AREAS OF OPERATION

A. Business Report

1. Approval of Treasurer’s Reports for September 2019

B. Personnel Report 1. Resignations – 7 2. Leave of Absence – 4 3. Appointments a. Teacher – 2 b. Teaching Assistant – 3 c. Permanent Substitute Teacher – 1 4. Interscholastic Appointment – 1


5. Supplemental Pay – 21 6. Tenure Appointments – 4 7. Student Teacher/Observer/Internship - 1 C. Curriculum & Instruction Report

OLD BUSINESS

A. JSHS North Parking Lot & Loop NEW BUSINESS

A. BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent and pursuant to Education Law §2801-a and Commissioner’s Regulation §155.17, the Board of Education approve the District-Wide Building Safety Plan for the 2019/2020 school year. B. BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education approve the Service Agreement with Creative Tutoring, Inc. for the 2019/2020 school year, for providing academic tutoring in accordance with State Education regulations, using only NYS certified teachers and authorizes the Board President or designee to sign on behalf of the District. C. BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education accept the donation of $5,821.32 from ESM PTO to cover the cost of stipend payments for Student Council Club, Yearbook Club and Garden Club at Eastport Elementary, and

FURTHER, BE IT RESOLVED, that the Board approve budget adjustments for the 2019/20 school year as follows:

Account Code A2850.150-EP –CLUB $5,005.00 Account Code A9020.800-00-0000 $ 443.44 Account Code A9030.800-00-0000 $ 372.88 D. Vaping Lawsuit – NYS Attorney General

STUDENT SERVICES

A. Acknowledge receipt and review of recommendations from the Committees on Special Education.

POLICY

A. First Reading – Policy No. 1500, Community Use of School Facilities B. First Reading – Policy No. 6700 & 6700-R, Purchasing


BOARD COMMITTEE REPORTS Budget Advisory Committee Facilities Committee Health, Safety & Security Committee Legislative Committee Policy Review Committee

COMMUNICATIONS ACKNOWLEDGEMENT

• Warrants including Revenue Budget Status & Appropriation Status Reports as of 11/8/19 • NYS Comptroller’s Acknowledgement Letter

GENERAL DISCUSSION ESM PRIDE PUBLIC PARTICIPATION – SECOND INVITATION DATES TO REMEMBER November 18th SMCA Meeting – 7:00 PM November 20th SM PTA BINGO @ DAS November 21st Parent/Teacher Conferences – Half Day for Grades 7-12 November 27th to Thanksgiving Recess – SCHOOLS & OFFICES CLOSED November 29th December 4th SM PTA Meeting – 7:00 PM @ DAS December 6th EES/TAS PTO Holiday Tree Lighting – 6:00 PM @ EES Junior High Theatre Production – 7:00 PM December 7th SM PTA Holiday Breakfast @ DAS Junior High Theatre Production – 1:00 PM & 7:00 PM December 9th ESMCA Meeting – 7:00 PM December 10th Winter Concert I & HS Art Show – 7:00 PM December 11th Elementary Half-Day - Parent/Teacher Conferences Board of Education Meeting – 7:00 PM

Executive Session anticipated to begin at 6:00 PM December 12th Elementary Half Day – Parent/Teacher Conferences Junior High Winter Concert - Instrumental & JH Art Show – 6:00 PM December 13th SM PTSO Parents Night Out/Drop & Shop – 6:00 PM @ JSHS December 16th Winter Concert II & HS Art Show – 7:00 PM December 17th Junior High Winter Concert – Choral & JH Art Show – 6:00 PM December 18th EES Winter Concert – 6:00 PM December 19th DAS Winter Concert – 6:00 PM December 23rd to SCHOOLS CLOSED – Winter Recess January 3rd ADJOURNMENT

103019 minutes Page 1 of 11

Regular Board of Education Meeting October 30, 2019

A regular meeting of the Board of Education of the Eastport-South Manor Central School District, Suffolk County, New York, was held in the Board Meeting Room, Eastport-South Manor Jr. Sr. High School, Manorville, New York on October 30, 2019. Board of Education Members present: Mr. Michael Byrnes, Mrs. Marion Diener, Mr. Francesco Ferraro, Mr. Donald Fox, Mr. Jeffrey Goldhammer, Mrs. Cheryl Hack, Mrs. Danielle Warsaw. Also Present: Joseph A. Steimel, Superintendent of Schools, Adam Frankel, Assistant Superintendent for Curriculum & Instruction; Timothy Laube, Assistant Superintendent for Business & Operations; Linda Weiss, Assistant Superintendent for Personnel & Accountability; Sharon P. Murray, District Clerk. EXECUTIVE SESSION MOTION made by Michael Byrnes, seconded by Francesco Ferraro for the Board to enter into executive session at 5:45 p.m. for the purpose of discussing a specific personnel matter.

Vote: Yes – 7, No – 0 MOTION made by Danielle Warsaw, seconded by Francesco Ferraro for the Board to reconvene to public session at 7:00 p.m.

Vote: Yes – 7, No – 0 The meeting was convened with the Pledge by Board President Cheryl Hack. PRESENTATIONS Student Ambassadors Dominick Gaita, Marissa Jacabacci, Hanna Engelhardt, and Alexis Sbaschnik

reported on the current events and accomplishments at the JSHS.

Jill Sanders of Cullen & Danowski presented the External Audit Report for the 2018/2019 school year. MINUTES The minutes for the October 16, 2019 regular meeting and the October 23, 2019 Workshop were accepted.

REPORTS/ANNOUNCEMENTS • Would like to thank Mr. Frankel, Dr. Christie and Mrs. Weiss for our Superintendent’s Conference Day

which was one of the best we have had in a long time. The elementary teachers received their classroom libraries and bins and really went to town setting them up in their classrooms. On the JSHS level, faculty members attended three workshops - a Social and Emotional Learning Workshop; ELL Workshop and a Perspective and Strategies on How to Engage Students Workshop. The teacher aides worked with Dr. Brady on PBIS; the guidance department work on the Guidance Plan; the social workers and nurses worked with our attorneys many social issues and how to make the buildings safer for our students.

• There are many great things happening at ESM and encourage you to follow us on Facebook and Twitter

as there are postings every day of the good things our faculty, staff and students are doing.


PUBLIC PARTICIPATION None. AREAS OF OPERATION

BUSINESS REPORT Consent Agenda MOTION made by Francesco Ferraro, seconded by Danielle Warsaw for the Board of Education to adopt the following resolution:

Vote: Yes – 7, No – 0 External Auditor’s Report BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education accept the External Auditor’s Report for the 2018/2019 school year as submitted by Cullen & Danowski, and BE IT FURTHER RESOLVED, that because the correct policies and procedures are in place in a satisfactory manner, the Auditors have deemed there is no need for a Corrective Action Plan. Internal Auditor’s Report BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education accept the Internal Auditor’s Report/Risk Assessment for the 2018/2019 school year as submitted by Questar III, and BE IT FURTHER RESOLVED, upon the recommendation of the Superintendent that the Board of Education approve the Corrective Action Plan in response to said Auditor’s Report/Risk Assessment for the 2018/2019 school year. Procurement of Professional Services Report from the Office of the NYS Comptroller BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education accept the Procurement of Professional Services Report from the Office of the New York State Comptroller, and BE IT FURTHER RESOLVED, upon the recommendation of the Superintendent that the Board of Education approve the Corrective Action Plan in response to said Procurement of Professional Services Report. Treasurer’s Report Approval of Treasurer’s Reports for August 2019 HUMAN RESOURCES MOTION made by Michael Byrnes, seconded by Donald Fox for the Board of Education to approve a consent agenda for the following personnel matters:

Vote: Yes – 7, No – 0 Resignation

NAME AREA REASON EFFECTIVE Griffiths, David JH Football Coach Personal 10/17/19


Harman, Kaitlyn Permanent Substitute (EES) Personal 10/16/19

Jennings, Dennis Permanent Substitute (JH/HS) Teacher Assistant(JH/HS)

Personal 10/19/19

Luppens, James Permanent Substitute (JH/HS) To accept another position in district 10/16/19 agenda

10/17/19

Vespoli, Jessica Permanent Substitute (JH/HS) Teacher Assistant(JH/HS)

Personal 10/29/19

Leave of Absence

NAME AREA REASON EFFECTIVE

Employee #224

Music Teacher (JH/HS) FMLA 10/16/19-6/26/20 *Intermittent

Hesselbirg, Erika Teacher Assistant (JH/HS) To accept another position in district

10/31/19-6/26/20 *See Section 3A & 3B

Employee #1147

Speech Teacher (JH/HS) FMLA 10/21/19-6/26/20 *Intermittent

Employee #593

Special Education Teacher (JH/HS) FMLA 9/26/19-10/25/19 *Extension of original leave Board approved 9/11/19

Employee #875

Office Assistant (JH/HS) FMLA 10/18/19-6/30/20 *Intermittent

Employee #324

Office Assistant (JH/HS) FMLA 10/7/19-6/30/20 *Intermittent

Pigott, Deborah Teacher Assistant (JH/HS) To accept another position in district

10/7/19-6/26/20 *See Section 3A & 3B

Employee #1966

Network & Systems Specialist (JH/HS) FMLA 10/31/19-10/31/20 *Intermittent

Employee #2280

Business Office Account Clerk (CO) FMLA 10/24/19-4/24/20 *Intermittent

Appointments The following appointments are conditional, subject to clearance approval by the State Education Department fingerprinting check:

TEACHER

NAME AREA CREDENTIALS SALARY EFFECTIVE Hesselbirg, Erika

English Teacher .2 (JH/HS)

Initial: ELA 7-12 BA/1: $50,958 *Prorated

10/31/19-6/26/20

Pigott, Deborah

Science Teacher .2 (JH/HS)

Initial: Earth Science 7-12

MA/1: $58,502 *Prorated

10/7/19-6/26/20


TEACHING ASSISTANT

NAME BUILDING CREDENTIALS SALARY EFFECTIVE Hesselbirg, Erika JH/HS - .8 Teacher/Bachelors $165.28/day

*Prorated 10/31/19-6/26/20

Mraz, Brooke JH/HS - .2 JH/HS - .4

Teacher/Bachelors $165.28/day *Prorated

10/7/19-10/30/19 10/31/19-6/26/20

Orlando, Kathleen JH/HS Teacher/Masters $168.04/day 10/31/19-10/30/23 Pigott, Deborah JH/HS - .8 Teacher/Masters $168.04/day

*Prorated 10/7/19-6/26/20

PERMANENT SUBSTITUTE TEACHERS

NAME BUILDING SALARY EFFECTIVE Hembury, Richard JH/HS $135/day 10/31/19-6/26/20

Martens, Brittany JH/HS $135/day 10/31/19-6/24/20

Mraz, Brooke JH/HS - .8

JH/HS - .6 $135/day *Prorated

10/7/19-10/30/19 10/31/19-6/26/20

Murray, Kelly JH/HS $135/day 11/12/19-6/26/20

Narr, Valerie JH/HS $135/day 10/31/19-6/26/20

Snider, Lauren JH/HS $135/day 10/31/19-6/26/20

PER DIEM SUBSTITUTE

NAME AREA SALARY EFFECTIVE Cancellieri, Joseph Custodian $15.00/hr 10/31/19-6/30/20

Raynor, Barbara Teacher $100/day 10/31/19-6/26/20

CIVIL SERVICE

NAME AREA SALARY EFFECTIVE

Berglin, Loni

Account Clerk (CO) $38,781 *Prorated 11/14/19

Cusick, Deborah Office Assistant

$56,987 8/21/19 *Reinstated to clerical unit *Remove from confidential status

Gonzalez, Bernice

Teacher Aide 3.0 - SSS $12.00/hr 10/31/19


Teacher Aide Requiring Change in Hours NAME AREA SALARY EFFECTIVE Gonzalez, Victoria

Teacher Aide 7.25 (DAS)

$13.49/hr 10/31/19

Malatak, Lynda

Teacher Aide 6.5 (TAS)

$12.00/hr 10/21/19 *Previously approved on 10/16/19 change in effective date

Extra Curricular Activities Coordinators

NAME AREA SALARY Vignona, Kenneth District Wide Elementary Music

Coordinator $3,618 Prorated *Start date 10/15/19

Clubs

NAME AREA SALARY Defeo, Douglas Model UN $1,838

Hughes, William Science Club 9-12 $2,479

Sico, Jamie Chamber Orchestra $2,439 *Prorated

*Start date 10/31/19 Interscholastic Appointments

Winter Coaches (2019-2020) NAME AREA SALARY Cuomo, Nicole Varsity Girls Soccer (Assistant) $5,762

Pfeffer, Joseph Varsity Boys Soccer (Assistant) $5,762

Supplemental Pay

NAME AREA SALARY Timis-Kuhnle, Mihaela Administration of NYSITELL

10/22/19 outside of school day $85.05/hr *Not to exceed 3 hours

Marchany, Penny Home Instruction 2019-2020 $42.00/hr DiCorcia, Loretta Home Instruction 2019-2020 $42.00/hr Pittala, Angelina JH Dance Chaperone 1:1

10/25/19 $20.00/hr *Not to exceed 2 ½ hours

Borkowski, Toni High School Second Open House 9/16/19

$63.07/hr *Not to exceed 3 hours

Walsh, Jamie Second Open House 9/26/19 $49.36/hr *Not to exceed 2 hours

Gambino, Alison Title I Meeting 10/10/19

$69.24/hr *Not to exceed 1 hour

Norton, Tracy Title I Meeting 10/10/19

$81.67/hr *not to exceed 1 hour

Iervese, Brianna PAES Lab Open House 10/10/19 $51.20/hr


McKernon, Maureen CPI Coaching $61.32/hr *Not to exceed 18 hours

Cavallo, Scott Theatre Stage Technical Support 2019-2020

$40.00/hr *Not to exceed 75 hours

Sixth Period Pay

Teacher Department Notes Amount

Shinnick, Thomas Special Education Full Year

*Start date 9/24/19 $7,240 *Prorated

Sico, Jamie Music Full Year

*Start date 9/4/19 $7,240 Salary Advancement

NAME FROM (Step/Schedule) TO (Step/Schedule) SALARY Quinn, Lawrence MA75/20 ($122,151) MA90/20 $125,086

Student Teacher/Observer/Internship

NAME AREA SCHOOL Effective Skala, Madison Mathematics SUNY Cortland 12/1/19-1/31/20

HUMAN RESOURCES Mr. Frankel & Dr. Christie presented an overview of iReady. OLD BUSINESS Thank you to community members Patrick McDonald and Jennifer Murphy who are member of the District Audit Committee who work with and review the auditors reports. If anyone is interested in serving on the Committee, please contact Sharon Murray for more information or you can access information on the website under Board Committees. NEW BUSINESS Consent Agenda MOTION made by Jeffrey Goldhammer, seconded by Michael Byrnes for the Board of Education to approve a consent agenda and adopt the following resolutions:

Vote: Yes – 7, No – 0 Board Goals for 2019/2020 BE IT HEREBY RESOLVED that the Board of Education adopt the following goals for the 2019-2020 school year: Each year the Board of Education establishes goals that set a direction for the district. Administrators implement programs, projects, and procedures within their building or department to ensure that these goals are successfully met and consistent throughout the district. The Board of Education recognizes the need to involve our community in the culture of our schools. It will hold open meetings which will provide pertinent information to the community.


Learning Culture: The Board of Education will provide students with a challenging, fulfilling, and effective learning experience to build a solid foundation enabling all children to reach their individual potential. Multi-year plans to develop social, emotional, and academic improvement will be developed. Policy: The Board of Education will review and develop policies that improve the overall operating success and will serve as a roadmap for the Eastport-South Manor School District. Facilities/Safety: The Board of Education will ensure the facilities are well maintained and promote a safe and secure environment that reflects both our academic and financial priorities. Fiscal Sustainability: The Board of Education will provide an educationally sound and fiscally responsible budget that supports students in achieving the mission and goals of the district. The Board of Education will look to create a fiscal plan, following a three to five year projection, to increase efficiencies, evaluate, and strengthen quality programs reflective of our tax-paying community to ensure strong support for our schools. Memorandum of Agreement – ESM Civil Service Clerical & Technology Unit BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education approve the Memorandum of Agreement between the Eastport-South Manor Central School District and the Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO Clerical and Technology Unit regarding Senior Office Assistant training services for newly hired clerical staff and authorizes the Board President or designee to sign on behalf of the District. Memorandum of Agreement – ESMTA Teaching Assistants Unit BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education approve the Memorandum of Agreement between the Eastport-South Manor Central School District and the Eastport-South Manor Teachers Association, Teaching Assistants Unit, regarding a sick bank and authorizes the Board President or designee to sign on behalf of the District. Bypassing RFP Process WHEREAS, due to the special circumstances surrounding several special needs students and their respective IEP mandates and due to the time sensitive manner in which the District has to provide said services in order to remain in compliance with each students’ IEP, and WHEREAS, due to changes in the district’s purchasing policies and procedures, the previously approved contracts for the 2019/2020 school year need to be approved bypassing the RFP process, NOW THEREFORE, BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education approve bypassing its RFP process in its Purchasing Policy for the special education service providers listed below so they can provide specialized services to meet students’ needs.

1. Achieve Beyond 2. Achievement Therapies, LLC 3. All About Kids, SLP, OT, PT, LMSW, Psychology, PLLC 4. Blue Sea Educational Consulting, Inc. 5. Christian Nursing Registry, Inc. d/b/a/ CNR Agency 6. Complete Rehabilitation PT, OT, SLP of the Hamptons, PLLC 7. Developmental Disabilities Institute 8. Dr. Hilary Gomes Ph.D ABPdN 9. Dr. Jennifer A. McCormick, Licensed Behavior Analyst, P.C. 10. Harmony Heights 4402 (2)(b) 11. Health Source Group 070219 minutes


12. Long Island Tutorial Services 13. Marra and Glick Applied Behavior Analysts, PPLC 14. Metro Therapy, Inc. 15. Mindful Kid Child Psychiatry 16. MKSA, LLC 17. Out East Therapy of New York for OT, PT, SLP, RN & Psychology Services, PLLC 18. Reddy Consulting Services, Inc. 19. Veehop Nursing Agency

Instructional Contract BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education approve the Instructional Contract with Westhampton Beach UFSD for the 2019/2020 school year for students attending ESM’s Alternative High School Program and authorizes the Board President or designee to sign on behalf of the District. Special Education Services Agreement BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education approve the Special Education Services Agreement for the 2019/2020 school year for parentally placed district students with disabilities attending private and/or parochial school in their district and authorizes the Board President or designee to sign on behalf of the District:

1. Remsenburg-Speonk UFSD 2. Sayville UFSD 3. West Islip UFSD

Special Education Federal Part B Flow-Through Allocation Contracts BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education approve the Special Education Federal Part B Flow-through Allocation Contracts for the 2019/2020 school year with the following and authorizes the Board President or designee to sign on behalf of the District: 1. Cleary School for the Deaf 2. Just Kids Early Childhood Learning Center 3. Metro Therapy, Inc. 4. The New Interdisciplinary School Special Education Transportation Contract BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education approve the Special Education Transportation Contract with ES BOCES for the Summer of 2019 and authorizes the Board President or designee to sign on behalf of the District. Overnight Field Trip BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education approve the overnight field trip for three students to attend the NYSSMA All-State Festival in Rochester, NY from December 5, 2019 to December 8, 2019. Overnight Field Trip BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education approve the overnight field trip for 25 Senior Theatre students to attend the NYSTEA Student Conference in Callicoon, NY, from January 10, 2020 to January 12, 2020.


Donation & Budget Adjustment BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education accept the donation of $2,850.00 from ESM Community for the Arts, Inc. to cover the cost of transportation for the NYSTEA Student Conference overnight field trip in Callicoon, NY, and FURTHER, BE IT RESOLVED, that the Board approve a budget adjustment for the 2019/20 school year as follows: Account Code A5540.400-HS-0000 $2,850.00 Obsolete Equipment BE IT HEREBY RESOLVED, upon the recommendation of the Superintendent that the Board of Education declare the following equipment as obsolete as they are outdated or broken beyond repair:

Equipment Location Model Number Inventory Number Epson C62 Printer JSHS B/62A 20080514 Lexmark E323 JSHS E323 20080513 Scantek JSHS TL 729/110A 20072756 Scantek JSHS TL 729/110A 002288 Scantek JSHS TL 341 N/A Scantek JSHS TL 320/A N/A Scantek JSHS TL 017/D 002321 Scantek JSHS Robotics Unreadable Scantek JSHS TL994 Unreadable Scantek JSHS LT/749A Unreadable Scantek JSHS Digital Photography Blue Rifton Chair Special Ed. 20141098 Mini Refrigerator (2) Special Ed. 20101000 & 20101690

Settlement Agreement BE IT RESOLVED, that the Board of Education of Eastport-South Manor Central School District hereby accepts the Settlement Agreement between Employee (Employee ID Number 392) and the Eastport-South Manor Central School District, executed by the Employee (Employee ID Number 392) on October 16, 2019 and authorizes the Board President and Superintendent of Schools to sign the Agreement. STUDENT SERVICES Acknowledge receipt and review of recommendations from the Committees on Special Education. POLICY Adoption - Policy No. 0112, Anti-Harassment MOTION made by Jeffrey Goldhammer, seconded by Marion Diener for the Board of Education to adopt Policy No. 0112, Anti-Harassment.

Vote: Yes – 7, No – 0 Adoption - Policy No. 1741, Home-Schooled Students MOTION made by Donald Fox, seconded by Michael Byrnes for the Board of Education to adopt Policy No. 1741, Home-Schooled Students.

Vote: Yes – 7, No – 0


Adoption – Policy No. 8220, Buildings and Grounds Maintenance and Inspection MOTION made by Francesco Ferraro, seconded by Donald Fox for the Board of Education to adopt Policy No. 8220, Buildings and Grounds Maintenance and Inspection.

Vote: Yes – 7, No – 0 BOARD COMMITTEE REPORTS Budget Advisory Committee - Had the first meeting on October 28th and went over an introduction to the

budget history and the different revenues. Future meeting dates will be posted on the website. Facilities Committee – The air conditioning is off and the heat is on at the junior-senior high school. Legislative Committee - Mr. Byrnes made an outstanding presentation to local politicians and

stakeholders regarding the NYS Sunrise Highway Exit 59A. We feel optimistic that they listened to our concerns and proposals.

Policy Committee – The dates of future board meetings are posted on the website. COMMUNICATIONS ACKNOWLEDGEMENT • Warrants including Revenue Budget Status & Appropriation Status Reports as of 10/25/19; Claims Audit

Report for September from Cerini & Associates.

GENERAL DISCUSSION

• Mr. Goldhammer reviewed the contract with RENU Restoration and found it to be acceptable.

ESM PRIDE • The Board toured all buildings and they were all beautiful and clean. Thank you to the custodians as they

are doing a great job. You can also see that curriculum is going on in the buildings. Thank you to the building principals for meeting us.

• The Fall Sports Season is the best its been in school history: Girls Field Hockey - County Champs Boys Volleyball - Division Champs and ranked 3rd on Long Island Girls Volleyball - League Champs Girls Soccer - County Playoff Semi-Finals Boys Cross Country - Undefeated League Champs Girls Cross Country - 7th consecutive League Champs and Suffolk County Champs, the first in school

history

• The Halloween Ball and the Ninth Grade Formal were both very well attended and the students had a great time.

PUBLIC PARTICIPATION None.


ADJOURNMENT MOTION made by Francesco Ferraro, seconded by Marion Diener for the Board to adjourn the meeting at 8:40 p.m.

Vote: Yes – 7, No – 0 Respectfully submitted,

Sharon P. Murray District Clerk

ESMCSD Policy Book

1500

COMMUNITY USE OF SCHOOL FACILITIES School buildings and grounds and all property belonging to the District are under the control and supervision of the District. The school buildings, grounds and property are maintained for the education and recreational purposes of the school children of the District. As a service to the community and in accordance with the law, the Board of Education may authorize the use of school facilities by properly organized groups. No such use shall be made of the buildings, grounds or property that interfere or disrupt their most effective use for the benefit or our school children. The Board of Education has no authority to grant use of school district facilities or property for any purposes other than those set forth by law.

Eligibility

1. An organization requesting use of school facilities must draw a majority of its

membership from residents of the Eastport South Manor Central School District.

2. Organization may be required to submit its Constitution and By-Laws, names of its officers, as well as names and addresses of its membership.

3. The use of facilities must be for purposes permitted by this policy and the laws of the

State of New York.

4. The use of District facilities and property for private commercial purposes is expressly prohibited by Article 8, Section 1 of the New York State Constitution. The District will not permit the use of school facilities, equipment and personnel for the conduct of private commercial businesses.

Facility Use Regulations

The Superintendent shall develop administrative regulations to implement this policy. These regulations shall be in accordance with state law and must:

1. Provide for the health and safety of all participants involved in the activity;

2. Assure the protection of district property;

3. Establish guidelines for when facility use fees shall be charged;

4. Establish a facility use fee schedule to be approved by the Board of Education at the

annual reorganization meeting;

5. Require payment for any damage, loss or misuse of district facilities and property, whether or not a facility use fee has been assessed;

ESMCSD Policy Book

1500

6. Establish a facility use application that shall include the following information: a. Applicant’s organizational status b. Applicant’s district residency disclosures c. Nature of the applicant’s activities d. Fees assessed to participants

All information disclosed on the facility use application is subject to the verification and audit of the District.

1. Establish guidelines for issuing facility use permits;

2. Establish guidelines for implementing priority use of facilities

The District reserves the right to deny or revoke any permit for any reason. The District also reserves the right to waive facility use fees when it is in the best interests of the District.

Supervisor of Operations

The Superintendent shall designate a Supervisor of Operations who shall:

1. Receive and review applications for the use of District facilities

2. Schedule the use of facilities to ensure that efficient use is made of the time and

space available

3. Issue permits

4. Verify minimum insurance requirements:

Minimum insurance requirements require the group to submit a “certificate of insurance.” The certificate of insurance must name “Eastport South Manor Central School District, 149 Dayton Avenue, Manorville, NY 11949” as the certificate holder. The certificate of liability must include the following statement in the description of operations/locations/vehicles box:

“The certificate holders named as additional insured on a primary non- contributory basis when required under written Contract or Agreement: Eastport South Manor Central School District, it’s Board, employees and volunteers. Form CG2020 is attached.”

*The form CG2020 is obtainable through your insurance agent and must be included.

ESMCSD Policy Book

1500

Minimum insurance limits under the policy must be as follows: • Each occurrence $2,000,000 • Damage to rented premises (each occurrence) $100,000 • Medical expenses (any one person) $5,000 • Personal and ADV injury $2,000,000 • General aggregate $3,000,000 • Combined single limit (each accident) $5,000,000

5. Verify residency, organization status and other information on the facility use

application as needed The Supervisor of Operations shall maintain an “Approved Users of District Facilities” list. Upon receipt of a first request for use of District facilities, the Supervisor of Operations shall determine if the request meets the District’s requirements for use of District facilities. If so, he/she shall recommend to the Superintendent, or designee, that the applicant be approved and added to the “Approved Users of District Facilities” list. Once on this list, the Supervisor of Operations may approve these applicants and issue permits without further approval so long as all subsequent facility use applications are consistent with this policy.

Scheduling Use of Facilities

The scheduling of the use of District facilities shall be in accordance with the following guidelines:

1. Priority access to District facilities shall be given in the following order:

a. school and school related organizational activities b. youth groups c. adult groups d. A more detailed priority list within the three groups listed above is as follows:

• school purposes • school sponsored or related activities, including recreational • PTA groups • College extension programs and similar groups which serve district residents • Recreational programs other than those sponsored by the District • Community youth groups such as boy and girl scouts

To further assist in the determination of priority status, the District will consider the following:

• Resident groups will have priority over non-resident groups • Large groups will have priority over small groups • District-wide participation will have priority of smaller and more limited

participation

ESMCSD Policy Book

1500

• Governmental organization will have priority over non-governmental organizations

• Volunteer groups will have priority over non-volunteer groups.

1. No field or gymnasium may be utilized in a way that creates an unreasonable restriction of use by other groups

2. Changes in facility use assignments may be made at the sole discretion of the District

3. Use of school facilities shall be made in a manner that does not conflict with District

activities and maintenance schedules

4. The District reserves the right to set aside or restrict use of a field if conditions warrant

5. When assigning fields to community groups, the District reserves the right to assign a field that is appropriate for the sport and the season of the field

6. The District reserves the right to deny the use of any facility or property to any group

that has previously misused, abused or misplaced District property

7. The District reserves the right to deny the use of any facility or property to any group that has previously failed to pay fees for previous facility use or the abuse, misuse or misplacement of District property

8. For reasons of safety, health and sanitation, no dogs or any other pet animals are permitted on school grounds or in school facilities, with the exception of service animals, service animal trainees, and animals featured in programs or events organized by the Eastport-South Manor Central School District.

Responsibilities of Approved Facility Use Applicants

1. An organization using school facilities shall be responsible for providing adult

supervision to ensure the safety of all persons in attendance

2. An organization using school facilities shall be responsible for enforcing all District rules governing the conduct of persons on District property

3. An organization using school facilities shall be responsible for any damage incurred

during such use, as reported by the building Principal, Supervisor of Operations or other staff member and may be held financially responsible for required repairs and/or replacements

4. An organization using school facilities shall be responsible for restricting its participants

or persons attending the function to using only those facilities designated on the application at the time and date specified

5. An organization using school facilities for activities where admission or other fees are

charged may be required to submit to the District a detailed financial statement showing

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the total receipts and expenses associated with the facility use

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6. An organization using school facilities may not sell or serve refreshments without the prior consent of the Supervisor of Operations

Rules for Use

The determination as to whether to issue a permit, revoke a permit, assign specific rooms or fields, etc., shall be at the sole discretion of the District. Organizational use may be cancelled with or without notice on a single or multi-use basis if it will interfere with a designated school group or for any other reason determined to be in the best interests of the District. In addition:

1. The District reserves the right to transfer with or without notice, any activity from one

space to another, from one building to another, or cancel the activity completely, for any reason.

2. Outdoor sports, including soccer, lacrosse, softball and baseball cannot practice indoors

unless the Director of Athletic deems the activity and equipment being used, safe for District property.

3. Whether or not admission fees are charged, no contribution may be solicited on District

grounds unless permission is granted on the permit.

4. The permit is only valid for the time and dates specified on the permit and the purposes specified on the facility use application.

5. Permits are not transferrable.

6. There shall be no gambling, possession, sale or distribution of alcohol or controlled

substances at any time in the school buildings or District property.

7. There shall be no smoking on school grounds.

8. There shall be no firearms or weapons on school grounds.

9. No exhibits, posters or other materials shall be displayed on District property without the prior approval of the Supervisor of Operations or building principal.

10. Any facility use fees assessed by the District are due to the District within 30 days of the

invoice date.

11. Modifications may not be made to District property or equipment

12. Screws, nails, bolts and other highly adhesive products may not be used on school property1500

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Schedules and Emergency Closings Facilities will generally not be available for use during scheduled school holidays and vacations as indicated on the school calendar. In addition, if the schools are closed due to inclement weather or other emergencies, after-school and community activities will automatically be cancelled unless special express approval is obtained from the District.

Appeals

Denials for use of school facilities may be appealed to the Superintendent within five (5) school days of the receipt of the denial. The Superintendent shall have five (5) school days to respond to the appeal. Applicants who have appealed to the Superintendent and are not satisfied with the action taken may appeal to the Board of Education within ten (10) school days of receiving a response from the Superintendent.

Ref: Education Law § 414

Adoption date: January 23, 2019

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PURCHASING The Board of Education views purchasing as serving the educational program by providing necessary supplies, equipment and related services. Purchasing will be centralized in the business office. The Purchasing Agent is designated by the Board annually.

It is the goal of the Board to purchase competitively, without prejudice or favoritism, and to seek the maximum educational value for every dollar expended. Competitive bids or quotations shall be solicited in connection with purchases pursuant to law. The General Municipal Law requires that purchase contracts for materials, equipment and supplies involving an estimated annual expenditure exceeding $20,000 and public work contracts involving an expenditure of more than $35,000 will be awarded only after responsible bids have been received in response to a public advertisement soliciting formal bids. Purchases of the same commodity cannot be artificially divided for the purpose of avoiding the threshold. Similar procurements to be made in a fiscal year will be grouped together for the purpose of determining whether a particular item must be bid.

The district's purchasing activity will strive to meet the following objectives:

1. To effectively supply all administrative units in the school system with needed materials,

supplies, and contracted services; 2. To obtain materials, supplies and contracted services at the lowest prices possible

consistent with the quality and standards needed as determined by the Purchasing Agent in conformance with state law and regulation and in cooperation with the requisitioning authority. The educational and physical welfare of the students is the foremost consideration in making any purchase;

3. To ensure that all purchases fall within the framework of budgetary limitations and that

they are consistent with the educational goals and programs of the district; 4. To maintain an appropriate and comprehensive accounting and reporting system to record

and document all purchasing transactions; and 5. To ensure, through the use of proper internal controls, that loss and/or diversion of district

property is prevented.

Opportunities shall be provided to all responsible suppliers to do business with the school district. Suppliers whose place of business is situated within the district may be given preferential consideration only when bids or quotations on an item or service are identical as to price, quality and other factors. Purchases will be made through available cooperative BOCES bids, state contracts of the Office of General Services, county contracts, or agreements entered into by school districts for joint purchasing whenever such purchases are in the best interests of the district. In addition, the district will make purchases from correctional institutions and severely disabled persons through charitable or non-profit-making agencies, as provided by law.

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In accordance with law, the district shall give a preference in the purchase of instructional materials to vendors who agree to provide materials in alternative formats. The term “alternative format” shall mean any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as an accommodation for a disabled student enrolled in the district (or program of a BOCES), including but not limited to Braille, large print, open and closed captioned, audio, or an electronic file in a format compatible with alternative format conversion software that is appropriate to meet the needs of the individual student.

The Board is also aware of the need to reduce exposure of students and staff to potentially harmful chemicals and substances used in cleaning and maintenance. In accordance with law, regulation and guidelines set forth by the Office of General Services (OGS), the district will purchase and utilize environmentally-sensitive cleaning and maintenance products in its facilities whenever feasible. Cleansers purchased must, first and foremost, be effective so that the district may continue to purchase non-green products as necessary. Environmentally sensitive cleaning and maintenance products will be procured in accordance with standard purchasing procedures as outlined in this policy and regulation.

In order to ensure that the district avails itself of advantageous purchasing opportunities, the Board authorizes the Purchasing Agent to represent the district in applying for federal programs designed to discount prices for goods and services. Specifically, the Purchasing Agent will abide by the rules and regulations associated with applying for telecommunications service discounts through the Universal Service Fund (E-Rate), in addition to complying with the local purchasing policies set forth by the Board. As with all purchasing activity, appropriate documentation of the application and purchase through any federal program will be maintained by the business office.

Competitive Bidding

Purchase contracts and public works contracts subject to competitive bidding will be awarded to the lowest responsible bidder; however, the Board authorizes that purchase contracts may be awarded to a responsive and responsible offeror on the basis of best value (“competitive offering”), as defined in State Finance Law §163.

The district shall comply with the requirements of General Municipal Law §103-g, which prohibits, with few exceptions, competitive bidding contracts with entities that invest significantly in the Iranian energy sector, as outlined in the accompanying regulation.

Competitive bidding, even if the dollar value of the purchase meets the threshold established above, is not required in the following circumstances:

1. Emergencies where time is a crucial factor; 2. Procurements for which there is no possibility of competition (sole source items); or 3. Professional services that require special skill or training.

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Purchasing when Competitive Bidding Not Required

Goods and services which are not required by law to be procured by the district through competitive bidding will be procured in a manner so as to ensure the prudent and economical use of public monies, in the best interests of the taxpayers, to facilitate the acquisition of goods and services of maximum quality at the lowest possible cost under the circumstances, and to guard against favoritism, improvidence, extravagance, fraud and corruption.

Alternative proposals or quotations will be secured by requests for proposals, written or verbal quotations or any other appropriate method of procurement, except as permitted by state law for procurements:

1. Under a county contract; 2. Under a state contract; 3. Under a federal contract; 4. Under a contract of another political subdivision; 5. Of articles manufactured in state correctional institutions; or 6. From agencies for the blind and severely disabled. 7. Exceptions should include when a student’s immediate or specialized needs do not permit the

District to execute the RFP process as listed in Section VI.A.3. This may be due to time limitations in obtaining the required services for the student or issues with finding adequate placement for the student. The District will maintain documentation of written justification for such exceptions. Exceptions can also include when one or more vendors are required to provide specific and timely care for a student. The District is permitted to execute these exceptions because the RFP process is not specific enough to provide the required services for the student in a timely manner. The District will maintain documentation of written justification for such exceptions. The Board of Education also can pass a resolution to approve other exceptions not listed here.

The district will provide justification and documentation of any contract awarded to an offeror other than the lowest responsible dollar offeror, setting forth the reasons why such award is in the best interests of the district and otherwise furthers the purposes of section 104-b of the General Municipal Law.

General Purchasing Provisions

The Board authorizes the Superintendent of Schools, with the assistance of the Purchasing Agent and the Treasurer, to establish and maintain an internal control structure to ensure, to the best of their ability, that the district’s assets will be safeguarded against loss from unauthorized use or disposition, that transactions will be executed in accordance with the law and district policies and regulations, and recorded properly in the financial records of the district.

The Purchasing Agent, shall be responsible for the establishment and implementation of the procedures and standard forms for use in all purchasing and related activities in the district. Such procedures shall comply with all applicable laws and regulations of the state and the Commissioner of Education.

No Board member, officer or employee of the school district shall have an interest in any contract entered into by the Board or the district, as provided in Article 18 of the General Municipal Law.

The Board of Education shall review the district’s procurement procedures annually, including this

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purchasing policy and regulation.

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The unintentional failure to fully comply with the provisions of section 104-b of the General Municipal Law or the district’s policies regarding procurement will not be grounds to void action taken nor give rise to a cause of action against the district or any officer or employee of the district.

Cross-ref: 6710, Purchasing Authority

6740, Purchasing Procedures Ref: Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (Public Law

111-195) Education Law §§ 305(14); 409-i; 1604(29-a); 1709(4-a)(9)(14)(22); 2503(7-a); 2554(7- a) General Municipal Law §§ 102; 103; 103-g; 104; 104-b; 109-a; 800 et seq State Finance Law §§ 97-g(3), (4), (5); 163; 163-b; 165-a County Law §408-a(2)

Adoption date: January 7, 2009 Re-adoption date: March 3, 2010 Re-adoption date: July 28, 2010 Re-adoption date: August 20, 2014

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PURCHASING REGULATION The following sets forth the procedures for the procurement of goods and services by the district:

I. Definitions

Best value: optimizing quality, cost and efficiency among responsive and responsible offerors. The basis for best value shall reflect, whenever possible, objective and quantifiable analysis, and may also take into consideration small businesses or certified minority- or women-owned businesses as defined in State Finance Law § 163.

Purchase Contract: a contract involving the acquisition of commodities, materials, supplies or equipment. For purposes of best value awards, the term “purchase contract” includes contracts for service work but excludes contracts necessary for the completion of a public works contract covered by the prevailing wage provisions of Article 8 of the N.Y.S. Labor Law.

Public Work Contract: a contract involving services, labor or construction

Responsive offeror: for purposes of best value awards, a responsive offeror is an offeror meeting the minimum specifications established by the District in its competitive offering.

II. General Municipal Law

The General Municipal Law requires that purchase contracts for materials, equipment and supplies involving an estimated annual expenditure exceeding $20,000 and public work contracts involving an expenditure of more than $35,000 be awarded only after responsible bids have been received in response to a public advertisement soliciting formal bids, or, in the case of purchase contracts only, awarded on the basis of best value among responsible and responsive offerors pursuant to a competitive offering. Similar procurements to be made in a fiscal year will be grouped together for the purpose of determining whether a particular item must be bid.

III. Competitive Bidding Required

A. Method of Determining Whether Procurement is Subject to Competitive Bidding

1. The district will first determine if the proposed procurement is a purchase contract or a contract for public work.

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2. If the procurement is either a purchase contract or a contract for public work, the district will then determine whether the amount of the procurement is above the applicable monetary threshold as set forth above.

3. The district will also determine whether any exceptions to the competitive

bidding requirements (as set forth below) exist.

4. All advertised bids shall include the following statement required by General Municipal Law 103-g: “By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the state finance law.”

B. Contract Combining Professional Services and Purchase

In the event that a contract combines the provision of professional services and a purchase, the district, in determining the appropriate monetary threshold criteria to apply to the contract, will determine whether the professional service or the purchase is the predominant part of the transaction.

C. Opening and Recording Bids; Awarding Contracts

The Purchasing Agent will be authorized to open and record bids. Contracts will be awarded to the lowest responsible bidder or a purchase contract bid of best value, (as recommended by the Purchasing Agent), who has furnished the required security after responding to an advertisement for sealed bids.

Where the basis for award is best value, the Purchasing Agent shall document in the procurement record and in advance of the initial receipt of offers, the determination of the evaluation criteria, which, whenever possible, shall be objective and quantifiable (such as a cost-benefit analysis), as well as the process to be used in the determination of best value and the manner in which the evaluation process and selection shall be conducted. The basis for awarding the contract may identify a quantitative factor for offerors that are small businesses or certified minority- or women-owned business enterprises as defined in subdivisions one, seven, fifteen, and twenty of Executive Law §310 to be used in evaluation of offers for awarding of contracts for services. Best value specifications

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should describe the general manner in which the evaluation and award of offers will be conducted and, as appropriate, identify the relative importance or weighting of non-price factors. In evaluating and determining to accept a higher priced offer, a cost-benefit analysis should generally be used and documented to show quantifiable value or savings from non-price factors that offset the price differential of the lower price offers.

In order to be considered a responsible bidder, entities must certify that they are not on the list created and maintained by the State Office of General Services cataloging significant investment in the Iranian energy sector. Such statement may be submitted electronically pursuant to General Municipal Law §103(1). Where an entity cannot make such a certification, the entity must furnish with its bid a signed statement which sets forth in detail the reasons why it cannot make the necessary certification.

Entities that cannot make this certification may, on a case-by-case basis, be awarded the bid only if:

1. The entity’s investment activities in Iran were made before April 12, 2012;

the investment activities in Iran have not been expanded or renewed after that date; and the entity has adopted, publicized, and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

2. The district makes a determination, in writing, that the goods or services are necessary for the district to perform its functions and that, absent such an exemption, the district would be unable to obtain the goods or services for which the contract is offered.

D. Documentation of Competitive Bids

The district will maintain proper written documentation which will set forth the method in which it determined whether the procurement is a purchase or a public work contract.

Proper written documentation will also be required when a contract is not awarded to the vendor submitting the lowest quote, setting forth the reasons therefore. That vendor may be given an opportunity to defend his product and/or reputation before the Board of Education.

A quote which exceeds the bid limit will be awarded only when such award is in the best interests of the district and otherwise furthers the purposes of section 104- b of the General Municipal Law. The district will provide justification and documentation of any such contract awarded.

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The vendor will keep accurate and complete accounting records. Upon no less than ten days written notice and no more than one per fiscal year, Eastport-South Manor Schools may audit or use a reputable accounting firm to audit, the vendor’s records relating to its performance under this Agreement.

Costs of any audits conducted under the authority of this right to audit and not addressed elsewhere will be borne by Eastport-South Manor Schools unless certain exemption criteria are met. If the audit discovers substantive findings related to inappropriate accounting, non-performance, misrepresentation or fraud, Eastport-South Manor Schools may recoup the costs of the audit work from the vendor. Any adjustments and/or payments that must be made as a result of any such audit or inspection of the vendor’s records shall be made within a reasonable amount of time (not to exceed 60 days) from the presentation of the Eastport- South Manor Schools’ findings to the vendor.

E. Purchase of Instructional Materials

In accordance with Education Law the district shall give a preference in the purchase of instructional materials to vendors who agree to provide materials in alternative formats (i.e., any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as a accommodation for a disabled student enrolled in the district, including but not limited to Braille, large print, open and closed captioned, audio or an electronic file in an approved format.)

The district will establish and follow a plan to ensure that every student with a disability who needs his or her instructional materials in an alternative format will receive those materials at the same time that they are available to non-disabled students.

F. Leases of Personal Property

In addition to the above-mentioned competitive bidding requirements, section 1725 of the Education Law provides that the district will be subject to competitive bidding requirements for purchase contracts when it enters into a lease of personal property.

Documentation: The district will maintain written documentation such as quotes, cost-benefit analysis of leasing versus purchasing, etc.

G. Environmentally-Sensitive Cleaning and Maintenance Products

The district will purchase and utilize environmentally sensitive cleaning and maintenance products whenever feasible. The purchasing agent will consult with the Green Guidelines provided by the Office of General Services.

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Any legal issues regarding the applicability of competitive bidding requirements will be presented to the school attorney for review.

IV. Exceptions to Competitive Bidding Requirements

The district will not be subject to competitive bidding requirements when the Board of Education, in its discretion, determines that one of the following situations exists:

1. Emergency situations where:

a. The situation arises out of an accident or unforeseen occurrence or

condition;

b. A district building, property, or the life, health, or safety of an individual on district property is affected; or

c. The situation requires immediate action which cannot await competitive

bidding.

However, when the Board passes a resolution that an emergency situation exists, the district will make purchases at the lowest possible costs, seeking competition by informal solicitation of quotes or otherwise, to the extent practicable under the circumstances.

Documentation: The district will maintain records of verbal (or written) quotes, as appropriate;

2. When the district purchases surplus or second-hand supplies, materials or

equipment from the federal or state governments or from any other political subdivision or public benefit corporation within the state.

Documentation: The district will maintain market price comparisons (verbal or written quotes) and the name of the government entity;

3. When the Board separately purchases eggs, livestock, fish and dairy products (other

than milk), juice, grains and species of fresh fruits and vegetables directly from producers or growers. The amount expended in any fiscal year by the district may not exceed an amount equal to twenty cents multiplied by the number of days in the school year multiplied by the total enrollment of the district.

Documentation: The district will maintain documentation consistent with sections 114.3 of the Regulations of the Commissioner of Education;

4. When the Board separately purchases milk directly from licensed milk processors

employing less than forty (40) people. The amount expended in any fiscal year by the district may not exceed an amount equal to twenty-five cents multiplied by

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the number of days in the school year multiplied by the total enrollment of the district or exceed the current market price.

Documentation: The district will maintain documentation consistent with section 114.4 of the Regulations of the Commissioner of Education;

5. When there is only one possible source from which to procure goods or services

required in the public interest.

Documentation: The district will maintain written documentation of the unique benefits of the item or service purchased as compared to other items or services available in the marketplace; that no other item or service provides substantially equivalent or similar benefits; and that, considering the benefits received, the cost of the item or service is reasonable, when compared to conventional methods. In addition, the documentation will provide that there is no possibility of competition for the procurement of the goods.

6. When the district purchases professional services that require special skill or

training, such as but not limited to, audit, medical, legal or insurance services, or property appraisals.

Exceptions should include when a student’s immediate or specialized needs do not permit the District to execute the RFP process as listed in Section VI.A.3. This may be due to time limitations in obtaining the required services for the student or issues with finding adequate placement for the student. The District will maintain documentation of written justification for such exceptions. Exceptions can also include when one or more vendors are required to provide specific and timely care for a student. The District is permitted to execute these exceptions because the RFP process is not specific enough to provide the required services for the student in a timely manner. The District will maintain documentation of written justification for such exceptions. The Board of Education also can pass a resolution to approve other exceptions not listed here.

Documentation: The district will keep adequate documentation which may include requests for proposals (RFPs) issued, written correspondence, memoranda, and copies of contracts.

V. Standardization

Upon the adoption of a resolution by a vote of 3/5ths of the Board stating that, for reasons of efficiency or economy, there is a need for standardization, purchase contracts for a particular type or kind of equipment, material or supplies of more than $20,000 may be awarded to the lowest responsible bidder furnishing the required security after advertisement for sealed bids. The resolution must contain a full explanation of the reasons for its adoption.

VI. Quotes When Competitive Bidding Not Required

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Goods and services which are not required by law to be procured by the district through competitive bidding will be procured in a manner so as to ensure the prudent and economical use of public monies in the best interests of the taxpayers. Alternative proposals or quotations will be secured by requests for proposals, written or verbal quotations or any other appropriate method of procurement, as set forth below.

A. Methods of Documentation

1. Verbal Quotations: the telephone log or other record will set forth, at a minimum, the date, item or service desired, price quoted, name of vendor, name of vendor’s representative;

2. Written Quotations: vendors will provide, at a minimum, the date,

description of the item or details of service to be provided, price quoted, name of contact. The district will maintain documentation consistent with Exhibit E.1 that will include advertisements, specifications and the awarding resolution. Alternatively, written or verbal quotation forms will serve as documentation if formal bidding is not required.

3. Requests for Proposals: the district should contact a number of professionals and request that they submit written proposals. The RFPs may include negotiations on a fair and equal basis. The RFPs and evaluation of such proposals should consider price plus other factors such as:

a. The special knowledge or expertise of the professional or consultant

service; b. The quality of the service to be provide; c. The staffing of the service; and d. The suitability for the district’s needs.

The district should first locate prospective qualified firms by:

a. Advertising in trade journals; b. Checking listings of professionals; or c. Making inquiries of other districts or other appropriate sources.

The district should then prepare a well-planned RFP which will contain critical details of the engagement, including the methods which it should use in selecting the service.

The District should seek RFPs for all professional services at least once every five years. Vendors selected via the RFP process should enter into a Board approved contract. This contract should include fees for services and a description of the service provided. Exceptions should include when a student’s immediate or specialized needs do not permit the District to execute the RFP process as listed in Section

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VI.A.3. This may be due to time limitations in obtaining the required services for the student or issues with finding adequate placement for the student. The District will maintain documentation of written justification for such exceptions. Exceptions can also include when one or more vendors are required to provide specific and timely care for a student. The District is permitted to execute these exceptions because the RFP process is not specific enough to provide the required services for the student in a timely manner. The District will maintain documentation of written justification for such exceptions. The Board of Education also can pass a resolution to approve other exceptions not listed here.

B. Purchases/Public Work: Methods of Competition to be Used for Non-Bid Procurements; Documentation to be Maintained

The district will require the following methods of competition be used and sources of documentation maintained when soliciting non-bid procurements in the most cost-effective manner possible:

1. Purchase Contracts up to $20,000

a. Contracts from $10,001 to $15,000: Verbal quotes Documentation will include notations of verbal quotes.

b. Contracts from $15,001 to $20,000: Written quotes

2. Public Work Contracts up to $35,000

a. Contracts from $10,001 to $15,000: Verbal quotes Documentation will include notations of verbal quotes.

b. Contracts from $15,001 to $35,000: Written quotes

3. Emergencies: Informal solicitations of quotes or otherwise, to the extent practicable under the circumstances.

4. Insurance: Written quotes or RFP.

Documentation will include advertisements, specifications and the awarding resolution. Alternatively, written or verbal quotation forms will serve as documentation, if formal bidding is not required. Requests for Proposals (RFPs), documented in the same manner as described herein, may also be used.

5. Professional Services: Quote/contract or RFP

Documentation will include advertisements, specifications, and the awarding resolution. Alternatively, written or verbal quotation forms will serve as documentation. Requests for Proposals (RFPs), documented in the same manner as described herein, may also be used.

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Exceptions should include when a student’s immediate or specialized needs do not permit the District to execute the RFP process as listed in Section VI.A.3. This may be due to time limitations in obtaining the required services for the student or issues with finding adequate placement for the student. The District will maintain documentation of written justification for such exceptions. Exceptions can also include when one or more vendors are required to provide specific and timely care for a student. The District is permitted to execute these exceptions because the RFP process is not specific enough to provide the required services for the student in a timely manner. The District will maintain documentation of written justification for such exceptions. he Board of Education also can pass a resolution to approve other exceptions not listed here.

6. Second Hand Equipment from Other Governments: Verbal or Written Quotes. Documentation will include market price comparisons (Verbal or written quotes) and the name of the government.

7. Certain Food and Milk Purchases: Written quotes

Documentation will be consistent with sections 114.3 and 114.4 of the Regulations of the Commissioner of Education.

8. Sole Source: Written or verbal quotes

Documentation will include, among other things, the unique benefits of the patented item as compared to other items available in the marketplace; that no other item provides substantially equivalent or similar benefits; and that considering the benefits received, the cost of the item is reasonable, when compared to conventional methods. Notations of verbal quotes will be maintained by the district. In addition, the district will document that there is no possibility of competition of the procurement of the goods.

VII. Quotes Not Required When Competitive Bidding Not Required

The district will not be required to secure alternative proposals or quotations for those procurements as permitted by state law:

1. Under a county contract; 2. Under a state contract; 3. Under a federal contract; 4. Under a contract of another political subdivision; 5. Of articles manufactured in state correctional institutions; or 6. From agencies for the blind and severely disabled.

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Consistent with General Municipal Law § 103(16), the district may contract for purchase of apparatus, materials, equipment, and supplies, and contract for services related to the installation, maintenance, or repair of those items, through the use of contracts let by the United States or any agency thereof, any state or any other political subdivision therein, provided the contract was made available for use by other governmental entities, and:

a. The contract was let to the lowest responsible bidder in a manner consistent with General Municipal Law § 103; or

b. The contract was let on the basis of best value in a manner consistent with General Municipal Law § 103.

In addition, the district will not be required to secure such alternative proposals or quotations for

Emergencies where time is a crucial factor;

1. Procurements for which there is no possibility of competition (sole

source items); 2. Procurements of professional services, which, because of the

confidential nature of the services, do not lend themselves to procurement through solicitation; or

3. Very small procurements when solicitations of competition would not be cost- effective.

VIII. Procurements from Other than the “Lowest Responsible Dollar Offeror”

The district will provide justification and documentation of any contract awarded to an offeror other than the lowest responsible dollar offeror, setting forth the reasons why such award is in the best interests of the district and otherwise furthers the purposes of section 104-b of the General Municipal Law.

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IX. Internal Control

The Board authorizes the Superintendent of Schools, with the assistance of the Assistant Superintendent for Business, to establish and maintain an internal control structure to ensure, to the best of their ability, that the district’s assets will be safeguarded against loss from unauthorized use or disposition, that transactions will be executed in accordance with the law and district policies and regulations, and recorded properly in the financial records of the district.

Comments will be solicited from those administrators involved in the procurement process before enactment of the district’s regulations regarding purchasing and from time to time thereafter. The regulations must then be adopted by Board resolution. All district regulations regarding the procurement processes will be reviewed by the Board at least annually.

The unintentional failure to fully comply with the provisions of section 104-b of the General Municipal Law or the district’s regulations regarding procurement will not be grounds to void action taken or give rise to a cause of action against the district or any officer or employee of the district.

Adoption date: January 7, 2009 Re-adoption date: March 3, 2010 Re-adoption date: July 28, 2010 Re-adoption date: August 20, 2014 Re-adoption date: February 13, 2019 Re-adoption date: August 21, 2019

Documents

EASTPORT-SOUTH MANOR CENTRAL SCHOOL DISTRICT BOARD …€¦ · 2019-11-13 · Speakers are asked to keep their comments brief, and to speak for no longer than five minutes. AREAS