a g e n d a - durham public schools...2014/11/20 · elementary and eastway elementary schools with...

1. Call to Order 6:30 p.m. 2. Moment of Silence 3. Be Our Guest 4. Celebrations 5. Superintendent’s Update 6. Agenda Review and Approval 7. General Public Comment 8. Board of Education Meeting Minutes 9. Consent Agenda

a. Revised 2104-2015 Board Committee Meetings Schedule b. Githens Middle School – Drainage and Utility Easements c. New Elementary “C” – Design Agreement

10. Reports of the Board a. Resolution Supporting Local Control of School Calendars

11. Reports of the Superintendent

a. Whitted School Project Update 12. Reports of the Committees

I. Instructional Services Committee a. Proposal for Little River K-8 Conversion

II. Support Services Committee a. Truancy Center Proposal: Future Forward Center b. Revised Policy 4400 – Administration of Medicine to Students – Second Reading

III. Administrative Services Committee

a. 2015-2016 Bell Schedule Discussion b. Budget Resolution (2014-2015)

13. Closed Session • To consider confidential personnel matters under NCGS 143-318.11(a)(6) and 115C-319. • To consult with the board attorney to preserve the attorney-client privilege as provided in

NCGS 318.11(a)(3). 14. Adjournment

A G E N D A

Durham Public Schools Board of Education

Monthly Meeting November 20, 2014

Fuller Administration Building 511 Cleveland Street, Durham, NC

Mission Statement In collaboration with our community and parents, the mission of Durham Public Schools is to provide all students with an outstanding education that motivates them to

reach their full potential and enables them to discover their interests and talents, pursue their goals and dreams, and succeed in college, in the workforce and as engaged citizens.

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Date: November 20, 2014


PRECIS

Agenda Item: Be Our Guest

Staff Liaison Present: Chrissy Pearson Phone # 560-9112

Main Points: The board welcomes the parents/guardians from the following schools: Southern School of Energy and Sustainability The School for Creative Studies Club Boulevard Elementary Githens Middle Rogers-Herr Middle Middle College High C.C. Spaulding Elementary Fiscal Implications: N/A Strategic Plan Alignment:

II.2 DPS will strengthen internal and external communication practices as measured by public perception and employee satisfaction. Purpose

Information Discussion Action Consent

Reviewed by: Finance __________ Attorney __________

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PRECIS

Agenda Item: Celebrations

Staff Liaison Present: Chrissy Pearson Phone # 560-9112

Student & Staff Recognition Duke/DPS Student(s) of the Month Myles Harris of City of Medicine High School. Principal of the Year & Finalists Principal of the Year Tonya Williams, Githens Middle School Finalists Sheldon Reynolds, Lakewood Montessori Middle School

Aisha Howard, Oak Grove Elementary School David Hawks, Durham School for the Arts Kia Eason, Merrick –Moore Elementary School

Community Partners Glaxo Smith Kline Glaxo Smith Kline volunteered at Fayetteville Street

Elementary School. They entered classrooms and completed science experiments with 3rd, 4th and 5th grade students and discussed different science careers. GSK team members also discussed the colleges they attended and what Fayetteville Street Elementary students can do to be prepared for college and science careers.

Brickman Lanscaping Brickman Landscaping beautified Fayetteville Street

Elementary and Eastway Elementary Schools with landscaping, plants and mulch. They donated their services and materials to help create a wonderful environment for students and their families.

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PRECIS

Agenda Item: Board of Education Meeting Minutes

Staff Liaison Present: Julianne Gates Phone # 919-560-2502

Main Points: Presented for approval:

o October 23, 2014 – Regular Monthly Meeting – Open and Closed Minutes o November 4, 2014 – Special Called Meeting – Open and Closed Minutes

Fiscal Implications: N/A Strategic Plan Alignment:

Purpose



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MINUTES DURHAM PUBLIC SCHOOLS

BOARD OF EDUCATION OCTOBER 23, 2014

The Durham Public Schools Board of Education held its regular monthly meeting October 23, 2014, at 6:30 p.m. in the Fuller Administration Building, 511 Cleveland Street, Durham, North Carolina. Board Members present: Heidi Carter, Chair; Minnie Forte-Brown, Vice Chair; Natalie Beyer; Matt Sears; Mike Lee; Leigh Bordley; and Sendolo Diaminah were present. Administration present: Dr. Bert L’Homme, Superintendent; Dr. Stacey Wilson-Norman, Deputy Superintendent of Academic Services; Hugh Osteen, Deputy Superintendent of Operational Services; Dr. Debbie Pitman, Assistant Superintendent of Student, Family, and Community Services; Tom Crabtree, Assistant Superintendent of Human Resources; and Chrissy Pearson, Chief Communications Officer, were present. Attorney present: Ken Soo Call to Order Chair Carter called the meeting to order and presided over a moment of silence. Be Our Guest Matt Sears shared comments and thanked the Northern High School Culinary students for the meal during Be Our Guests. He invited the Board Members and Superintendent L’Homme to join him on the red carpet to pay tribute to the parents/guardians of students at Bethesda Elementary, Little River Elementary, Holt Elementary, Shepard middle, Hillside High, and Performance Learning Center. Celebrations Board Members recognized students, parents, and community partners including: Duke University’s DPS Student of the Month – This program spotlights students who distinguish themselves with character and integrity. Jasmine Cousar – October Student of the Month. Principal Woods-Weeks introduced Jasmine Cousar who has been named the Duke University Durham Public Schools Student of the Month for October. Jasmine Cousar has been named the Duke University Durham Public Schools Student of the Month for October. The Early College High School senior holds a 3.4 weighted GPA and spends the majority of her time outside of school serving as a member of her church choir, the mime team, the praise team and volunteering on various church committees. Jasmine says although her favorite subject is math, she’d prefer a career in elementary education and wants to teach kindergarten or become a speech pathologist. For fun, Jasmine likes to dance, sing and hang out with her friends and family. Jasmine credits her parents and her older brother for being her inspiration to work hard and says that, “they push

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me to go for my dreams and never stop.” After graduation, Jasmine plans to attend North Carolina A&T and double major in elementary education and speech pathology. Dr. L’Homme presented Jasmine with a certificate and invited her to walk the red carpet. Cisco Principal Woods-Weeks recognized CISCO Systems, Inc., a partner with Early College High School and Megan DePorter Zeishner, Community Relations Program Manager with CISCO Systems. Nearly 50 students from DPS's JD Clement Early College High School visited Cisco on October 8th to take part in job shadowing and one-on-one mentoring sessions from Cisco employees. The daylong visit was filled with tours of the Cisco campus and its operating facilities, informational sessions, budget training, lunch, and question and answer sessions between students and Cisco employees. Students were also given the opportunity to participate in a mock teleconference session. She thanked them for opening their doors and allowing our students to have a glimpse into CISCO Systems and the various career options. The day truly made a difference! Dr. L’Homme presented them with a certificate and invited them to walk the red carpet. National Healthy School Awards Dr. Debbie Pitman, Assistant Superintendent of Student, Family and Community Services, recognized Kate Turner, Wellness Coordinator, and James Keaton, Director of Child Nutrition, who introduced the National Healthy School Awards winners. The National Healthy Schools Award winners improved their nutrition and wellness services and physical activity programs to meet or exceed stringent standards set by the Alliance’s Healthy Schools Program. The Alliance was founded by the American Heart Association and the Clinton Foundation. Out of 25 North Carolina Schools to win, 12 were Durham Public Schools. The Silver Award winning schools are Brogden Middle and Sandy Ridge Elementary

School. The Bronze Award Winning Schools are Durham School of the Arts, Hillside/Hillside

New Tech High, The School for Creative Studies, Lakeview Secondary, Easley Elementary, Forest View Elementary, Glenn Elementary, Oak Grove Elementary, Parkwood Elementary, and Spring Valley Elementary.

Congratulations to all of our winning schools! Dr. L’Homme presented certificates to all the winning schools and invited the school representatives to walk the red carpet. Superintendent’s Updates Superintendent L’Homme shared the following updates:

• This morning, I attended the 4th Annual Neurological Disorder's Symposium at Southern School of Energy and Sustainability.

o This was a student PBL for neurological disorders presented by the students in Human Anatomy class. Some of the topics covered were; Multiple Sclerosis, Narcolepsy, Obsessive Compulsive Disorder, Schizophrenia, Spina Bifida and Autism. I was very impressed and very proud of all the students who participated.

• In addition, I visited Rogers-Herr to recognize DPS EC Teacher of Excellence for 2014-15, Cassandra Abels.

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o Ms. Abels will represent DPS at the Statewide Exceptional Children Conference in Greensboro next month.

• Congratulations to Alison Edwards, our 2014 Teacher of the Year; one of two finalists in the North Central region for the state Teacher of the Year program.

• Jordan High and City of Medicine Academy students are part of a multi-school team that wrote a winning proposal for the NASA Student Launch program.

o The Durham Area Rocketry Team will build a 9-ft. tall rocket and launch it, carrying an experiment a mile above the earth, from NASA’s Marshall Spaceflight Center, Alabama, in April.

• This evening, the Hillside High School All Fathers Club is hosting a town hall forum for students with questions and answers about law enforcement.

o Thanks to District Attorney, Roger Echols, Assistant Public Defender, Clayton Jones, and Captain Raheem Aleem, from the Sheriff’s Department, for participating.

• DPS Family Academy invites parents of kindergartners through fifth graders to come to a workshop and learn about the new elementary report cards and standards-based grading.

o Monday, Oct. 27, 6-7:30 p.m., at the DPS Staff Development Center, Hillandale Road

• Magnet and CTE Pathway Fair is coming: o At Southern School of Energy and Sustainability o Saturday, Nov. 8, 10 a.m. to 1 p.m. o All magnet programs and CTE pathways will be represented and parents can talk

to teachers and students. o It’s a drop-in event, so parents can avoid heavy traffic by coming a bit later in the

day. o Exciting chance to see everything DPS has to offer!

• There is a new flyer showing all the wonderful things in DPS. • The latest addition of We Are DPS was sent out electronically for all to share with

friends and family.

Agenda Review and Approval Vice Chair Forte-Brown made a motion to approve the agenda as written. Mike Lee seconded and the motion passed unanimously. General Public Comment: None Board of Education Meeting Minutes Presented for approval:

o September 25, 2014 – Regular Monthly Meeting – Open and Closed Minutes

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Leigh Bordley made a motion to approve the minutes as written. Natalie Beyer seconded and the motion passed unanimously. Consent Agenda Chair Carter noted that the Consent Agenda item was thoroughly discussed in committee.

a. Contract for Consulting Services between Public Consulting Group, Inc. (PCG) and Durham Public Schools

Vice Chair Forte-Brown made a motion to approve Consent Agenda. Sendolo Diaminah seconded and the motion passed unanimously. Reports of the Committees

I. Support Services Committee a. Elementary Report Card Update

Recommendation: Information Public Comment: None

Committee Chair, Leigh Bordley, introduced Dr. Teresa Daye, Executive Director of Curriculum, Instruction, and Assessment, who introduced Dr. Kelvin Bullock and Teresa Parker who began the presentation. They provided an overview of the standards-based grading implementation at the elementary grade level and the revised elementary report card template and process. Ms. Parker explained that the DPS Elementary Report Card defines clear and specific clusters of standards; it uses standards to evaluate student achievement levels; it focuses on communication; and reports academic and non-academic indicators separately. Dr. Bullock presented the Standards-Based Grading Principles as follows: SBG Principle #1: The purpose of grades is to communicate student achievement based

on state and district standards; academic performance only; and behaviors are reported separately.

SBG Principle #2: A Grading Program should be fair, consistent, support learning, and promote communication between teachers, students, and parents.

SBG Principle #3: Relate grading procedures to learning goals by identifying critical concepts/skills; assessing individual concepts/skills; mastery is the standard; summative versus formative activities; and multiple opportunities to demonstrate learning.

SGB Principle #4: What should not be included in a grade is effort, attendance, participation, citizenship, attitude, bonuses, behavior, group work, homework, or anything that doesn’t relate to a standard.

Ms. Parker stated that standards-based grading (SBG) communicates a student’s level of understanding for a particular standard: 4 – exceeds the standard; 3 – meets the standard; 2 – meets some of the standard; and 1 – does not meet the standard. Ms. Parker explained that standards-based grading is fair, consistent, supportive of learning, and communicates exactly

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where the student is academically and indicates the student’s needs. Dr. Bullock shared the levels of effective communication and that the final product would be electronic through the use of Gradebook® with a Spanish translation available for all documents. Dr. Daye thanked Dr. Bullock and Ms. Parker for their hard work. She shared that there will be a Parent Session on Monday evening, October 27 and on November 20 for parents of K – 5 students to learn about the new elementary report cards and standards-based grading. Dr. Daye shared that there were some minor “hiccups” but they had come up with acceptable solutions. She shared that everything would be up and running in time for second quarter. In addition, she stated that after the “hiccups” were cured, student performance would be available through the Parent Portal and that all parents should have received information from their schools to access the Parent Portal. Dr. Daye thoroughly answered all questions and concerns. Dr. Daye announced that this evening, there is an Advanced Academic Expo for parents at the Staff Development Center to see academic acceleration. She said there would be a part II in January and the Board would be invited to attend. Closed Session On a motion by Sendolo Diaminah, seconded by Natalie Beyer, the Board convened in closed session to consider confidential student information protected under NCGS 115C-402 and the Family Education Rights and Privacy Act (FERPA), 20 USC 1232g, confidential personnel matters under NCGS 143-318.11(a)(6) and 115C-319, and to consult with the board attorney to preserve the attorney-client privilege as provided in NCGS 318.11(a)(3). The Board convened in closed session at approximately 7:30 p.m. Open Session – Personnel Recommendations The Board reconvened in open session at approximately 9:09 p.m. Personnel Approval Superintendent L’Homme recommended approval of the Amended October 23, 2014, Personnel Reports. On a motion made by Natalie Beyer to approve the Amended Personnel Reports dated October 23, 2014; seconded by Sendolo Diaminah, the motion passed unanimously. Having no further business, the meeting adjourned at approximately 9:12 p.m. ____________________________________ Heidi Carter, Chair Durham Public Schools Board of Education ____________________________________ Dr. Bert L’Homme, Superintendent Durham Public Schools

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MINUTES DURHAM PUBLIC SCHOOLS

BOARD OF EDUCATION NOVEMBER 4, 2014

The Durham Public Schools Board of Education held a special meeting on November 4, 2014 at 4:30 p.m. in the Fuller Administration Building, 511 Cleveland Street, Durham, North Carolina. The purpose of this meeting is to go into closed session pursuant to G.S. 143-318.11(a)(3) to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body. Board Members present: Heidi Carter, Chair; Minnie Forte-Brown, Vice Chair; Natalie Beyer; Mike Lee; Sendolo Diaminah; and Leigh Bordley were present. Matt Sears was not in attendance. Administrators present: Dr. Bert L’Homme, Superintendent; Dr. Stacey Wilson-Norman, Deputy Superintendent of Academic Services; and Hugh Osteen, Deputy Superintendent of Operational Services Attorney present: Ken Soo Call to Order Chair Carter called the meeting to order. A moment of silence was observed. Agenda Review By unanimous Board consent, the agenda was approved as written. Closed Session Motion On a motion by Natalie Beyer, seconded by Leigh Bordley, the Board convened in closed session pursuant to G.S. 143-318.11(a)(3) to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, at approximately 4:35 p.m. Open Session The board reconvened in open session at approximately 5:06 p.m. Leigh Bordley made a motion to adjourn the meeting. Sendolo Diaminah seconded and the motion passed unanimously. Having no further business, the meeting adjourned at approximately 5:07 p.m. ____________________________________ Heidi Carter, Chair Durham Public Schools Board of Education

____________________________________ Dr. Bert L’Homme, Superintendent Durham Public Schools

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Durham Public Schools BOARD OF EDUCATION

PRECIS

Agenda Item: Revised 2014-15 Board Committee Meetings

Staff Liaison Present: Dr. Bert L’Homme Phone # (919) 560-3749

Main Points:

In order to reduce the number of committee meetings during the same week, the administration recommends the revised 2014-15 Board Committee Schedule to reflect no more than two committee meetings in the same week and in most months only one per week.

Pending Board approval, the revised 2014-15 Board Committee Meeting dates are scheduled to change effective January 2015.

Administration submits this revised schedule for approval. Fiscal Implications: None Purpose



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*REVISED*

November, 2014 2014‐15 Board of Education and Standing Committees Schedule

*Monthly Board meeting – 4th Thursday each month, except November and December, 2014. *Board Meetings begin at 6:30 p.m. *Board Committee Meetings begin at 4:30 p.m.

Holidays: July 4 December 22 ‐ January 2 September 1 January 19 November 11 March 30 ‐ April 3 November 26 ‐ 28 May 25

**January and April will still have 2 meetings in same week.

Instructional Services

Committee

Support Services Committee

Administrative Services

Committee

Board Meeting*

July 7 Organizational

Meeting (11:00 A.M.)

August 4 August 18 August 14

August 28

September 8 September 9

September 11

September 25

October 6 October 7

October 9

October 23

November 3 November 4

November 6

November 20

December 1 December 2

December 4

December 18

**January 5 January 6 →12

January 8

January 22

February 2 February 3 →9

February 12 →16

February 26

March 2 March 3 →9

March 12 →16

March 26

**April 6 April 7 →13

April 9

April 23

May 4 May 5 →11

May 7 →18

May 28

June 1 June 2 →8

June 4 →15

June 25

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PRECIS

Agenda Item: Githens Middle School - Drainage and Utility Easements Staff Liaison Present: Hugh Osteen Phone # 560-3831 Tim Carr 560-2216

Main Points: The North Carolina Department of Transportation (NCDOT) is requesting approval of an

offer to purchase real property for a permanent drainage easement (0.028 acres) and a permanent utility easement (0.124 acres) along Old Chapel Hill Road (SR 2220) in support of the installation of sidewalks and bike paths.

The attached map shows the proposed NCDOT project improvements along Old Chapel

Hill Road. The purpose of the drainage easement is to minimize any potential drainage issues. The utility easement is to provide for access for relocation of power poles if required.

These drainage and utilities easements should be declared surplus. Administration submits this declaration of surplus and proposed offer for approval. Fiscal Implications: Proceeds will be utilized for capital improvements.

Purpose



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FRM10-B Revised 7-15-2013

SUMMARY STATEMENT/OFFER TO PURCHASE REAL PROPERTY DUE TO THE ACQUISITION OF RIGHT OF WAY AND DAMAGES

TO: Durham Public Schools DATE: 09/25/14 513 Cleveland Street TO: Lessee, if Applicable Durham ,NC 27701 TIP/PARCEL NO.: EB-4707B 071 COUNTY Durham WBS ELEMENT: 38664.2.2 DESCRIPTION: SR 2220 (Old Chapel Hill Road From SR 1113 (Pope Rd. to SR 1116 Garrett Road) Dear Property Owner: The following offer of just compensation is based on the fair market value of the property and is not less than the approved appraised value for the appropriate legal compensable interest or interests. The approved value disregards any increase or decrease in the fair market value of the property acquired due to influence caused by public knowledge of this project. The offer of just compensation is based on an analysis of market data, comparable land sales, and, if applicable, building costs in the area of your property. Please retain this form as it contains pertinent income tax information.

Value of Right of Way to be Acquired $ Value of Permanent Easements to be Acquired $ 9,400.00

Value of Temporary Easement (Rental of Land) to be Acquired $ Value of Improvements to be Acquired $ 100.00 Damages, if any, to Remainder $ Benefits, if any, to Remainder minus $ TOTAL OFFER $ 9,500.00 The total offer includes all interests other than leases involving Federal Agencies and Tenant owned improvements. (A) Description of the land and effects of the acquisition Subject property described in Deed Book 1736, page 594, Durham County Registry, contains approximately 38.110 acres of which -0- acres is being acquired as right of way, leaving 38.110 acres remaining on the left /with access to Old Durham Chapel Hill Road. Being acquired is a permanent drainage/ easement containing approximately 0.028 acres. Also being acquired is a permanent utility easement containing approximately 0.124 acres. (B) The TOTAL OFFER includes payment for the improvements and appurtenances described below: Small Decorative Tree Provided there is sufficient time remaining in the project schedule, you may repurchase these improvements for a retention value, with the stipulation that you remove them from the acquisition area at no expense to the Department. (C) Should you desire to sell the Department the portion of your property considered to be an uneconomic remnant/buildable lot, as explained to you by the Right of Way Agent, the total offer would be: $ n/a . Any offer to purchase a remnant/buildable lot is conditioned upon the remnant/buildable lot being environmentally clean prior to the conveyance to the Department. You may be required to provide the Department with a release from the appropriate environmental agency stating that all contaminants have been remediated and/or removed to their standards. The original of this form was handed/mailed, if out of state owner, to Durham Public Schools on September 25, 20 14 . Owner was furnished a copy of the Right of Way Brochure/Owner’s Letter. I will be available at your convenience to discuss this matter further with you. My telephone number is 919-220-4712

(Signed) Thomas Perry- Right of Way Agent

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Githens38.277 Tax Map Acres

Permanent Utility Easement

Permanent Drainage Easement

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PRECIS

Agenda Item: New Elementary “C” – Design Agreement

Staff Liaison Present: Hugh Osteen Phone # 560-3831 Tim Carr 560-2216

Main Points:

Funds from the 2007 Bond provide for design and planning of New Elementary “C” Project.

The architect selected will provide complete construction documents, assist during the project bid/award phase and provide construction administration for the new building. This project will be designed to meet LEED Gold characteristics.

Qualified architectural firms were selected through a publicly advertised Request for Qualifications issued June 2014. Davis Kane Architects, PA has been selected for the New Elementary “C” project. A contract of $1,080,000.00 has been negotiated and is recommended.

Administration submits this contract for discussion and subsequent approval. Fiscal Implications:

This contract is within the project budget. Minority Business Enterprise participation is 23.7%. Purpose



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November, 2014

Elementary “C” ‐ AE Selection Process Summary On June 29, 2014, DPS issued a Request for Qualifications for Design and Construction Administration Services for New Elementary “C”. Seventeen proposals were received and a shortlist of six firms was announced July 28, 2014. The evaluation team developed a scorecard for the proposals to identify the shortlist. Immediately following the two days of interviews in mid‐August, the evaluation team completed a joint debrief followed by review of summary information from both the proposal and interview. This process established a post‐interview ranking based on immediate responses to the interviews, review of proposed consultant teams and project design schedules, response to the presentation criteria, and other considerations such as history with DPS, project references, awareness of site issues, and community involvement.

A statistical review of key evaluation points identified in the RFQ resulted in a total possible score of 340 points. Evaluation criterion was:

Experience K12 design in North Carolina (30%)

Professional qualifications of proposed design team (15%)

Past performance and relationship of proposed consultants (30%)

Firm capacity and proposed schedule (15%)

Partnerships with certified/qualified DBE/MBE/WBE providers, including those with local ties to the Durham County region (10%)

Notification letters to the six shortlist firms requested that their presentation address five focus areas:

1. Brief introduction of the key individual(s) who will interface with DPS.

2. Presentation of a Building Design Strategy for the site.

3. Outline the key features aligned with firm’s design philosophy.

4. Discuss factors that could both benefit and potentially sidetrack the project.

5. Present unique design capabilities of the proposed team appropriate for the project. Our intent was to hear more about the design team’s ideas for the proposed facility on the selected site. The five focus points allowed each team to be creative in support of DPS’ desire to seek a design response commensurate with a diverse community that has expectations both for functionality and creativity. The site itself presents challenges for placing the building, circulation on the site, and utilization of developed areas for play and other learning opportunities. A summary matrix was developed that the evaluation team reviewed collectively when confirming the ranking. This is the basis for our ranking of, notification to the shortlisted firms, and selection of Davis Kane Architects.

Presenter Proposal Scoring Presentation Ranking

Davis Kane Architects, PA 247 1

DTW Architects & Planners 243 2

SFL+A Architects 226 3

Perkins + Will North Carolina 242 4

Moseley Architects 231 5

Ratio Architects 227 6

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DPS Design Consultant Agreement (October 2010)

AGREEMENT FOR

DESIGN CONSULTANT SERVICES

BETWEEN

Durham County

hereinafter referred to as the Owner

AND

Davis Kane Architects, PA

hereinafter referred to as the Design Consultant

PROJECT: New Elementary “C”

OWNER'S PROJECT NO: 112-01 DATE: November 20, 2014

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DPS Design Consultant Agreement (October 2010) 2

AGREEMENT FOR DESIGN CONSULTANT SERVICES

TABLE OF CONTENTS Article 1 Definitions Page 03 Article 2 Relationship of the Parties Page 04 Article 3 Basic Services Page 05 Article 4 Compensation Page 20 Article 5 Period of Services Page 23 Article 6 Owner's Responsibilities Page 23 Article 7 Additional Services Page 24 Article 8 Notices Page 25 Article 9 Insurance Page 26 Article 10 Indemnification Page 27 Article 11 Termination of Agreement Page 27 Article 12 Successors/Assignment Page 29 Article 13 Ownership of Documents/ Page 29 Confidential Information Article 14 Additional Provisions Page 29 Exhibit A Preliminary Programming Page A1 Exhibit B Management Plan Page B1

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AGREEMENT FOR

DESIGN CONSULTANT SERVICES

AGREEMENT

made this 20th day of November in the year of Two Thousand Fourteen (2014)

Between the Owner: Durham County

and the Design Consultant: Davis Kane Architects, PA

For Professional Services in connection with the Project known as New Elementary C.

Project Description: Project includes all professional design services as outlined in Article 3 (Basic Services) of this agreement from the preconstruction phase through warranty for New Elementary C.

The Owner and the Design Consultant agree as set forth below:

ARTICLE 1

DEFINITIONS

The following words and phrases where appearing in initial capitalization, shall for the purposes of this Agreement have the following meanings:

1.1 Project. The Project shall be as described above.

1.2 Services. The Services to be performed by the Design Consultant under this Agreement shall consist of the Basic Services described in Article 3 and any Additional Services under Article 7.

1.3 Construction Contract Documents. The Construction Contract Documents shall consist of the plans and specifications prepared by the Design Consultant, and any addenda and change orders thereto, and the Owner-Contractor Agreement, all of which shall be compatible and consistent with this Agreement.

1.4 Contractor. The Contractor is the person or entity which enters into an agreement with the Owner to perform the construction of or any construction on the Project, including, without limitation, the providing of labor, materials, and equipment incorporated or to be incorporated into the Project. The term "Contractor" means the Contractor or its authorized representative, but excludes the Owner's Representative and the Design Consultant.

1.5 Basic Services Compensation. Basic Services Compensation shall be the lump sum fee designated in Article 4 to be paid by the Owner to the Design Consultant in connection with the performance of the Basic Services by the Design Consultant.

1.6 Preliminary Programming. The Preliminary Programming or "Program" is the preliminary written summary of the requirements of the facility which sets forth the Owner's design objectives, constraints and criteria, including space requirements and relationships, quality levels, flexibility and expandability, special equipment and systems and site requirements. The Design Consultant shall use the preliminary programming work of the Owner as a starting point for all final programming as part of the Design Consultant’s Basic Services. All final programming and space profiling is the expressed responsibility of the Design Consultant.

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1.7 Management Plan. The Management Plan is the description and definition of the phasing, sequencing and timing of the major project activities for design, construction procurement, construction and occupancy.

1.8 Design Phase Change Order. A Design Phase Change Order is the form of documentation from the Owner approving and authorizing a modification to the Program, Budget, Management Plan, or previously approved Design Phase documents.

ARTICLE 2

RELATIONSHIP OF THE PARTIES

2.1 Design Consultant Services. The Design Consultant shall provide professional architectural/engineering services for the Project in accordance with the terms and conditions of this Agreement. The Design Consultant's performance of services shall be as professional consultant to the Owner to carry out the activities of Project design and construction administration and to provide the technical documents and supervision to achieve the Owner's Project objectives.

2.2 Owner Representation. The Owner shall employ and assign a Project Manager from the Durham Public Schools Construction & Capital Planning Department to serve as the Owner's Representative. The Owner's Representative has no design responsibilities of any nature. None of the activities of the Owner's Representative supplant or conflict with the design, budget or any other services and responsibilities customarily furnished by the Design Consultant or sub-consultants in accordance with generally accepted architectural/engineering practices except as otherwise modified by this Agreement. Instructions by the Owner to the Design Consultant relating to services performed by the Design Consultant will be issued or made by or through and in accordance with procedural, organizational, and documentation standards established by the Owner's Representative. Communications and submittals of the Design Consultant to the Owner and Contractor shall be in writing and issued or made in accord with similar procedural and documentation standards established by the Owner's Representative. The Owner's Representative shall have the authority to establish procedures, consistent with this Agreement, to be followed by the Design Consultant and Contractor and to call periodic conferences to be attended by the Design Consultant, and his sub-consultants, throughout the term of this Agreement.

2.3 Other Consultants. The Owner may provide drawings, consultation, recommendations, suggestions, data and/or other information relating to the Project from other Consultants under separate contract with the Owner, including but not limited to: Surveyor, Utility Locating Service, Geo-technical Consultant, and/or Materials Testing Consultant. The Design Consultant is responsible for the coordination of survey, existing utility location, geo-technical services, and/or material testing, including all coordination with surveyor, soils engineers, utility locating contractor, city and / or county officials, required for Project.

2.4 Design Consultant Representation.

2.4.1 The Design Consultant shall provide a list of all consultants (and sub-consultants) which the Design Consultant intends to utilize relating to the Project prior to commencing work on the Project. The list shall include such information on the qualifications of the consultants as may be requested by the Owner. The Owner will review the consultants proposed. The Design Consultant shall not retain a consultant to which the Owner has a reasonable objection. The Design Consultant shall use individuals or firms that are licensed and regularly engaged in the fields of expertise required for this Project. In addition, the Design Consultant shall use an individual or firm with specific expertise in roofing for any projects containing any roofing work. The Design Consultant will also require regular inspections by roofing manufacturer and certification that roofing system was installed in accordance with installation guidelines.

2.4.2 The Design Consultant shall provide to the Owner a list of the proposed key project personnel of the Design Consultant and its consultants to be assigned to the Project. This list shall include such information on the professional background of each of the assigned personnel as

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may be requested by the Owner, through the Owner's Representative. Such key personnel and consultants shall be satisfactory to the Owner and shall not be changed except with the consent of the Owner unless said personnel cease to be in the Design Consultant's (or its consultants, if applicable) employ.

2.4.3 All agents and workers of the Design Consultant and its sub-consultants shall wear identification badges provided by the Design Consultant at all times they are on the Owner’s property. The identification badge shall at a minimum display the company name and telephone number and the employee name.

2.4.4 The Design Consultant shall receive, compile and report all W/MBE participation of all of its sub-consultants and vendors of this project in a format acceptable to Owner at the commencement of design, and on a monthly basis, should any change from the preliminary submission occur.

2.5 Division of Responsibilities/Services. The Design Consultant understands and agrees that should the Owner's Representative or other Consultant provide the Design Consultant with any estimating assistance, cost or time control recommendations or other consultation, recommendations or suggestions, any or all such activities on the part of the Owner's Representative, Consultant, or any other representative of the Owner shall in no way relieve the Design Consultant of the responsibility of fulfilling its obligations and responsibilities under this Agreement.

ARTICLE 3

BASIC SERVICES

3.1 Scope of Services. The Basic Services to be provided by the Design Consultant shall be performed in the phases described hereinafter and shall include architectural, landscape architectural, civil engineering, structural engineering, mechanical engineering, electrical engineering, information technology, and all other services customarily furnished by an architect/engineer and its consultants in accordance with generally accepted architectural and engineering practices consistent with the terms of this Agreement. The Basic Services to be performed by the Design Consultant consist of professional tasks which have as their objective design, production of technical documents and construction administration to provide the Owner with a complete and properly functioning facility. The Basic Services shall be performed in accordance with the standard of care set forth in this Agreement. The facility shall be suitable for the Owner’s purposes, be structurally sound, satisfy the Owner’s requirements, comply with all applicable codes and laws, and be completed on a timely basis and within the approved construction budget.

3.1.1 This Agreement describes the Design Consultant's Basic Services in seven phases. Each of these phases (Design Narrative, Schematic Design, Design Development, Construction Documents, Permitting and Bid/ Negotiation, Construction, and Final Completion of Design Services) may be divided to facilitate bidding of separate trade contracts or phased construction activities. The Owner shall have the right to determine early, late and other separate contract awards and may modify the Management Plan to change the number and times of issue of various contract document packages at no additional compensation to the Design Consultant so long as there are no more than four (4) bid packages (which packages are exclusive of individual material purchase orders, bid package alternates, typical single and multi-prime bids and rework by the Design Consultant of documents already completed.)

3.1.1.1 The services described below are under the Project Phases in which they customarily occur. This order is for convenience only and does not necessarily reflect the sequence in which a service will actually be performed, or necessarily limit the Project, or a designated portion of the Project, to one of each Phase. The Owner reserves the right to designate the phasing of segregated portions of the Work and to modify the Management Plan, within the terms and conditions of this Agreement.

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3.1.1.2 At existing facilities where additions and / or renovations are to take place, the Design Consultant is to verify, by on site analysis and inspection, the compatibility of all existing systems, including, but not limited to fire alarm, security, video surveillance, CATV, voice / data, telephone, intercom, mechanical and electrical. The Design Consultant shall report, in writing, to the Owner any compatibility issues and make appropriate written recommendations to the Owner.

3.1.1.3 The Design Consultant agrees to design a facility utilizing high performance guidelines such as can be found in the Triangle J Council of Governments High Performance Building Guidelines, and advise the Owner of opportunities to construct an environmentally sound and safe project, including, but not limited to indoor air quality, day lighting, humidity control, mold issues and other environmental issues similar to those endorsed by the US Green Building Council, Leadership in Energy and Environmental Design (LEED) principles. LEED registration of this project, if chosen by the Owner, shall be considered additional services pursuant to Article 4.3.

3.1.1.4 The Design Consultant shall use the preliminary programming work of the Owner as a starting point for all final programming as part of the Design Consultant’s Basic Services. All final programming and space profiling is the expressed responsibility of the Design Consultant. The Design Consultant will measure the existing facility to verify the accuracy of existing drawings, should they exist.

3.1.1.5 An individual or firm with specific expertise in acoustics shall be required for any middle or high school project involving an auditorium, theatre, gymnasium or music room as part of the Basic Service.

3.1.2. Design Narrative Phase.

3.1.2.1 The Design Consultant shall examine and analyze available information provided by the Owner and shall advise and recommend as to additional information necessary to begin specific design work on the Project. The Design Consultant shall provide written acknowledgment of receipt of Design Guidelines matching the revision referenced in subparagraph 3.3.4 and the Educational Specifications.

3.1.2.2 Upon analysis of all available information and prior to initiating any design tasks, the Design Consultant shall participate in a Pre-Design Project Analysis on the dates specified in the Management Plan contained in Exhibit B or as may subsequently be approved. The Design Consultant shall have in attendance the individuals who will represent the primary architectural and engineering disciplines on the project and others as may be requested by the Owner's Representative. The Design Consultant shall take and transcribe minutes of the sessions.

3.1.2.3 Upon conclusion of the Pre-Design Project Analysis and in accordance with the Management Plan, the Design Consultant shall prepare a report to the Owner (hereinafter referred to as the Design Narrative) which is the Design Consultant's interpretation of the Project requirements, design parameters and objectives, and results of the Pre-Design Project Analysis. To the maximum extent possible, the Design Narrative will contain diagrammatic studies and pertinent text relative to: design concept; Program of Requirements; analysis of alternatives; internal functions; human, vehicle and material flow patterns; general space allocations; detailed analysis of operating functions; studies of adjacency, vertical and horizontal affinities; and outline descriptions of major building components and systems. Allow the Owner seven (7) working days for review and approval.

3.1.2.4 Upon written authorization from the Owner to proceed, and based on the approved Design Narrative, the Construction Contract Award Price (CCAP), Preliminary Programming, and the Management Plan (Exhibits A and B), the Design Consultant shall prepare Schematic Design Studies consisting of drawings and other documents illustrating the design concept, scale and relationship of the Project components for approval by the Owner.

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3.1.3 Schematic Design Phase.

3.1.3.1 The Design Consultant shall provide the Owner's Representative periodically with copies of Schematic Design Studies for the Owner's Representative's review during the Schematic Design Phase. At the end of the Schematic Design Phase the Design Consultant shall provide the Owner's Representative with four (4) full size complete sets of prints of the drawings and other documents for approval by the Owner.

3.1.3.2 The Design Consultant shall participate as requested in meetings with Owner's staff to review the project, receive the Owner's input and provide responses to input.

3.1.3.3 The Design Consultant shall prepare the necessary documents and make presentations as scheduled to the Board of Education and/or its committees as determined by the Construction & Capital Planning Department, and other agencies as required by Owner. Documents required for presentation shall be mounted and of appropriate color for site plans, floor plans and elevations.

3.1.3.4 Documents prepared by the Design Consultant for final Schematic Design Phase submittal shall include drawings and a written report. The drawings shall include, but not be limited to, a proposed site utilization study of the property of the Project, schematic plans of all floor plan conditions, and simplified elevations indicating the fundamentals of the architectural concept. The report shall include the status of the work in accordance with the Management Plan, a summary of programmed versus actual square footage by room or area and net to gross comparisons in a format defined by the Owner; such discussion of design factors, if any, as are pertinent in the opinion of the Design Consultant; and descriptions of proposed engineered systems, construction methods, materials and work to be included in the construction contracts. Further, the report should include any minutes from meetings or telephone conferences with, or letters from review agencies with responses, and responses to all review comments from staff from previous reviews. The Design Consultant shall submit an estimate and breakdown of the Construction Contract(s) Award Price(s) (CCAP) prior to advancing to the next phase of design. The Design Consultant shall prepare such estimates in the form prescribed by the Owner to assure itself that the project cost is within the CCAP.

3.1.3.5 A statement from the Design Consultant with the final Schematic Design Phase submittal shall be included that verifies and acknowledges that all of the applicable Design Guidelines and Educational Specifications have been incorporated in the documents unless specifically noted in writing.

3.1.3.6 The Design Consultant shall submit a written statement indicating that local governing authorities are aware of the project, and the necessary requirements of such agency will be met.

3.1.3.7 To be considered acceptable for final Schematic Design Phase submittal, the documents shall contain all of the following unless otherwise agreed in writing:

3.1.3.7.1 Architectural

(i) Plans (at 1/8" scale) showing complete building layout, and identifying areas, room by room, showing square footage with comparisons to program standards, and core areas and their relationships.

(ii) Preliminary building section and elevations indicating location and size of fenestration.

(iii) Preliminary furniture layouts of critical spaces (i.e. dining area, media center).

(vi) Site plan with building located and overall grading plan with a minimum of 5'- 0" contour lines. All major site development such as orientation, access road paving, walls and outside support buildings, structured parking facilities, programmed play areas, and paved parking lots should be shown.

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(vii) Gross and net area calculations separated to show conformance with the Program of Requirements.

(viii) Preliminary Building Code Summary.

3.1.3.7.2 Structural

(i) Narrative of structural system (precast, structural steel with composite deck, structural steel with bar joists, etc.).

(ii) Identification of foundation requirements (fill requirements, piles, caissons, spread, footings, etc.).

3.1.3.7.3 Mechanical

(i) Block heating, ventilating and cooling loads calculations including skin versus internal loading.

(ii) Single-line drawings of all mechanical equipment spaces, duct chases and pipe chases.

(iii) Location of all major equipment in allocated spaces.

(iv) Location of all service entrances.

3.1.3.7.4 Electrical

(i) Lighting fixtures roughly scheduled showing types of fixtures to be used.

(ii) Major electrical equipment roughly scheduled indicating size and capacity.

(iii) Complete preliminary one-line electrical distribution diagrams with indications of final location of service entry, transformers and emergency generator, if required.

(iv) Description of specialized electrical systems (fire alarm, intercom, voice/data, MATV).

(v) Legend showing all symbols used on drawings.

(vi) Projected energy use.

3.1.3.8 Schedule and conduct a Schematic Design review meeting with the Owner, issue minutes, and deliver all required submittals. Allow ten working days for Owner’s review. Documents not complying with Subparagraph 3.1.3.7 shall be returned to the Design Consultant for correction at no additional charge to the Owner and with no change to the overall Project design schedule.

3.1.3.9 Upon written notice from the Owner indicating acceptance and approval of the Schematic Design, the structural bay sizes, floor elevations and exterior wall locations (building "footprint") may not be changed except by a Design Phase Change Order.

3.1.4 Design Development Phase.

3.1.4.1 The Design Consultant shall prepare from the approved Schematic Design Studies, for further approval by the Owner, the Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to structural, mechanical and electrical systems, materials and such other essentials as may be appropriate.

3.1.4.2 Design Development Documents prepared by the Design Consultant shall include drawings and a written report in more detail than the Schematic Design Documents and shall take into account the Owner's comments on the previous submittal. The report shall include the status of the work in accordance with the Management plan, a summary of programmed versus actual square footage by room or area in a format defined by the Owner, such discussion of design factors, if any, as are pertinent in the opinion of the Design Consultant; and outline descriptions of proposed engineered systems, construction methods, materials and work to be included in the construction contracts. Drawings shall include dimensioned site development plan, floors plans, elevations, and typical sections indicating proposed construction. Drawings shall also include information on major finishes as well as diagrammatic drawings illustrating fundamentals of major engineered systems, i.e., structural, mechanical and electrical. The

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Design Consultant shall submit an estimate and breakdown of the Construction Contract(s) Award Price(s) (CCAP) prior to advancing to the next phase of design. The Design Consultant shall prepare such estimates in the form prescribed by the Owner to assure itself that the project cost is within the CCAP.

3.1.4.3 A statement from the Design Consultant with the final Design Development Phase submittal shall be included that verifies and acknowledges that all of the applicable Design Guidelines and Educational Specifications have been incorporated in the documents unless specifically noted in writing. The Design Consultant shall not incorporate asbestos-containing materials in the Project.

3.1.4.4 The Design Consultant shall submit the final Design Development package, meeting minutes, etc. to show how review comments made in Schematic Design have been addressed. It should be clear from the notes where the specific item was incorporated into the Design Development submittal or an explanation if it was not incorporated.

3.1.4.5 The Design Consultant shall provide the Owner's Representative periodically with copies of in-progress Design Development Documents during the Design Development Phase. At the end of the Design Development Phase the Design Consultant shall provide the Owner's Representative with four (4) full size complete sets of prints of the drawings and other documents for approval by the Owner. Return Owner’s marked up set as Schematic Design Documents. The documents for this final Design Development Phase submittal shall contain all of the following unless otherwise agreed in writing:


(i) Project phasing plan.

(ii) Building Code Summary Sheet.

(iii) Life safety plans showing all fire walls and egress calculations.

(iv) Floor plans (at 1/8" scale) with final room locations including all openings.

(v) Wall sections showing final dimensional relationships, materials and component relationships.

(vi) Identification of all fixed and loose equipment, furniture, and furnishings.

(vii) Room inventory data sheets showing locations of furniture and equipment for each typical room. Owner will provide lists of furniture and equipment and format to Design Consultant. Hard copies and digital formats (if desired) will be provided to the Design Consultant.

(viii) Finish schedule identifying all finishes.

(ix) Preliminary door and window and hardware schedule showing final quantity plus type and quality levels.

(x) Virtually complete site plan including grading and drainage.

(xi) Preliminary development of details, including millwork details and large scale blow-ups.

(xii) Legend showing all symbols used on drawings.

(xiii) Outline of materials to be specified in the CD phase.

(xiv) Reflective ceiling development including ceiling grid and all devices that penetrate the ceiling (i.e., light fixtures, sprinkler heads, ceiling register or diffusers, etc.).


(i) Plan drawings with all structural members located and sized.

(ii) Final building elevations.

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(iii) Outline of materials to be specified in the CD phase.

(iv) Foundation drawings.

3.1.4.5.3 Plumbing

(i) Piping, fixtures and equipment substantially located and sized.


(i) Heating and cooling load calculations for each space and major duct or pipe runs sized to interface structural.

(ii) Major mechanical equipment scheduled indicating size and capacity.

(iii) Ductwork and piping substantially located and sized.

(iv) Above ceiling and/or mechanical room layouts to verify all, structural, mechanical, plumbing, electrical and fire protection systems fit in available spaces.

(v) Devices in ceiling located.

(vi) Legend showing all symbols used on drawings.

(vii) Outline of materials to be specified in the CD phase.

(viii) Completed life cycle cost analysis.


(i) All power consuming equipment and load characteristics.

(ii) Total electric load.

(iii) Major electrical equipment (switchgear, distribution panels, emergency generator, transfer switches, UPS system, etc.) dimensioned and drawn to scale into the space allocated.

(iv) Preliminary site lighting design coordinated with Duke Power or applicable power company..

(v) Outline of materials to be specified in the CD phase.

(vi) Lighting, power, telecommunications devices and receptacles shown in plan.

(vii) Preliminary light fixture schedule.

(viii) One line diagram of specialized electrical systems (fire alarm, intercom, voice/data, MATV) showing location of control equipment/panels and devices.

(ix) Interior electrical loads estimate for systems furniture, receptacles, lighting, food service equipment, and any other special use areas, etc.

3.1.4.5.6 Fire Protection

(i) Provide narrative of proposed fire protection system.

3.1.4.6 Schedule and conduct a Design Development review meeting with the Owner, issue minutes, and deliver all required submittals. Allow 10 working days for Owner’s review. Documents not complying with Subparagraph 3.1.4.2 shall be returned to the Design Consultant for correction at no additional charge to the Owner and with no change to the overall Project design schedule.

3.1.5 Construction Documents Phase.

3.1.5.1 Upon written authorization from the Owner to proceed, the Design Consultant shall prepare from the approved Design Development Documents, Working Drawings and Specifications setting forth in detail the requirements for the construction of the entire Project. The Owner will provide the Conditions of the Contract (General and any Supplementary), Advertisement for Bids, Instructions to Bidders, time control specification provisions, and Construction Proposal

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Forms and Agreement(s) which the Design Consultant shall incorporate into the Construction Documents.

3.1.5.2 Construction Documents shall be packaged as prescribed in the Management Plan and be completed in accordance with its schedule.

3.1.5.3 Detailed drawings shall cover all work included in the Project or designated portion thereof. It is the responsibility of the Design Consultant to confirm that the Project Construction Documents require that no asbestos-containing materials are to be incorporated in the Project.

3.1.5.4 Single or multiple contracts shall be as stated in the Management Plan, and the detailed drawings for each contract shall be prepared by the Design Consultant with appropriate designation noted thereon.

3.1.5.5 Specifications shall be prepared using the Construction Specifications Institute Masterformat 2004 Edition format. Specifications for products, materials and equipment shall be written in full compliance with N. C. Gen. Stat. § 133-3 and all other relevant laws and building codes. Brand names may be used to specify a particular product to be bid as an alternate only in accordance with State law.

3.1.5.6 The Design Consultant shall update room data sheets to show furniture and equipment layouts as needed and requested by the Owner for each typical room. Owner will provide lists of furniture and equipment and format to the Design Consultant. When completed, final hard copies and digital information (if possible) will be provided by the Design Consultant to the Owner.

3.1.5.7 The Design Consultant shall provide a color board with exterior and interior color selection for review, approval and use by the Owner. The approved color board shall be submitted for use by the Owner with the 100% Construction Documents.

3.1.5.8 The Design Consultant shall provide the Owner's Representative periodically with copies of in-progress Construction Documents during this phase. Additionally, and in accordance with the Management Plan, the Design Consultant shall submit for approval by the Owner four (4) full size sets of preliminary Construction Documents at the stage of 60% completeness along with a written report. Return Owner’s marked up set of Design Development Documents. The report shall incorporate the status of the work in accordance with the Management Plan and a summary of programmed versus actual square footage in a format defined by the Owner by room or area. The Design Consultant shall submit an estimate and breakdown of the Construction Contract(s) Award Price(s) (CCAP) in advance of the scheduled 60% CD review meeting. The Design Consultant shall prepare such estimates in the form prescribed by the Owner to assure itself that the project cost is within the CCAP. The documents for this 60% Construction Document submittal shall, at a minimum, satisfy all of the requirements of the Design Development Phase, plus all of the following unless otherwise agreed in writing:

3.1.5.8.1 General

(i) Complete index of drawings

(ii) Vicinity plan

(iii) Building Code Summary

(iv) Life safety plans

(v) Energy data

(vi) Accessibility summary

(vii) U.L. details

3.1.5.8.2 Civil / Landscaping

(i) Copy of the Site Survey

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(ii) Site plan satisfactory for site plan approval

(iii) Site demolition plan

(iv) Staking plan

(v) Erosion control plan

(vi) Grading plan

(vii) Site utility plan

(viii) Storm drainage plan, details and schedule

(ix) Paving plans and details

(x) Landscaping plans and details, plant schedule


(i) Demolition plans

(ii) Key plans with final room numbers as approved by DPS

(iii) Critical sections and details identified and drawn

(iv) Roof plan with all penetrations

(v) Kitchen layout and equipment schedule

(vi) Exterior elevations with control joints located

(vii) Enlarged toilet room layout with all fixtures and dimensions

(viii) Toilet room elevations

(ix) Reflected ceiling plan with all fixtures located and ceiling height identified

(x) Bulkhead and lintel details

(xi) Finish plan and schedule

(xii) Door and hardware schedule, elevations, and head and jamb details

(xiii) Masonry details

(xiv) Roof details

(xv) Stair details

(xvi) Elevator sections and details if applicable

(xvii) Furniture layout

(xviii) Casework elevations


(i) Demolition plans

(ii) Footing plans and details

(iii) Reinforcing steel plans

(iv) Structural steel plans

3.1.5.8.5 Plumbing

(i) Demolition plan

(ii) Fixture schedule

(iii) Plumbing plans

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(iv) Enlarged toilet room plans

(v) Riser diagrams for waste and vent, water, storm drainage, and gas

(vi) Plumbing site plan

(vii) Plumbing details


(i) Demolition plan

(ii) Ductwork and piping completely located and sized

(iii) Complete equipment schedules

(iv) Mechanical room enlarged plans and sections

(v) Schematic control diagrams

(vi) Mechanical details


(i) Demolition plan

(ii) Fixture schedule

(iii) Electrical site plan

(iv) Power plan with panels located and identified

(v) Lighting plan

(vi) Complete plans for auxiliary systems including but not limited to, fire alarm, voice/data, intercom, MATV, and security

(vii) Riser diagrams for all systems

(viii) Panel schedule

3.1.5.8.8 Fire Protection

(i) Demolition plan

(ii) Fire protection

3.1.5.9 Schedule and conduct a 60% Construction Documents review meeting with the Owner, issue minutes, and deliver all required submittals. Allow 10 working days for Owner’s review. Documents not complying with Subparagraph 3.1.5.8 shall be returned to the Design Consultant for correction at no additional charge to the Owner and with no change to the overall Project design schedule.

3.1.5.10 After review and approval of the 60% Construction Documents and written notice of approval to proceed to Final Construction Documents phase by the Owner, the Design Consultant shall continue with preparation of final Construction Documents and Bid Documents, including final Specifications for all authorized work on the Project and shall incorporate in those final documents the comments and any modifications and changes desired by the Owner and any modifications required for compliance with all applicable codes, regulations, standards, the approved program, and prior written approvals and instructions of the Owner. The resulting final Construction Document submittal is to be a complete, fully coordinated, integrated package, suitable for bidding distribution, without any significant addenda or further clarification required.

3.1.5.11 The Design Consultant shall participate in such reviews and meetings as are necessary to ensure that the project design conforms to all applicable codes and all requirements of responsible agencies and will make any changes to the Construction Documents which are required for issuance of all permits and legal authorizations needed to construct the Project.

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3.1.5.12 The Design Consultant shall submit all relevant applications for all required building permits within a reasonable time to obtain receipt of final comments in time to issue any required addenda to the Bidding Documents.

3.1.5.13 At the completion of the Construction Documents Phase, the Design Consultant shall submit to the Owner six (6) sets of 100% complete documents (four (4) sets to be full size and two (2) sets to be half size, and 4 sets of specifications) prepared by the Design Consultant for final Construction Documents Phase submittal which shall include the final working drawings and specifications. Return Owner’s marked up set of 60% Construction Documents.

3.1.5.14 A statement from the Design Consultant with the final Construction Document Phase submittal shall be included that verifies and acknowledges that all of the applicable Design Guidelines and Educational Specifications have been incorporated in the documents unless specifically noted in writing.

3.1.5.15 The Design Consultant shall submit with the final Construction Document package, meeting minutes, etc. to show how review comments made in Design Development have been addressed. It should be clear from the notes if the specific item was incorporated into the Construction Document submittal or not (with an explanation).

3.1.5.16 Schedule and conduct a Final Construction Documents review meeting with the Owner, issue minutes, and deliver all required submittals. Allow 10 working days for Owner’s review. The Design Consultant shall prepare or update the Owner’s Property Accounting Drawings for the Project in a computerized format acceptable to the Owner. Digital files in .DWG or .DXF file format are acceptable.

3.1.6 Permitting and Bidding/Negotiation Phase.

3.1.6.1 Prepare and issue Agreement(s) between Owner and Contractor(s). After receiving written authorization from the Owner, the Design Consultant shall proceed with the Permitting and Bidding/Negotiation Phase. There may be more than one Permitting and Bidding/Negotiation Phase, depending upon the Management Plan.

3.1.6.2 The Design Consultant shall receive, compile, and report all W/MBE participation of all contractors, sub-contractors and vendors of this project in a format acceptable to Owner.

3.1.6.3 The Design Consultant shall coordinate and document the reproduction, distribution and retrieval of the bidding documents. Further, the Design Consultant shall coordinate and document the collection and return of deposits or payments. In addition to the bidders, documents shall be issued to all required code authorities, contractors, plan room, services, and others, as the Owner designates.

3.1.6.4 The Design Consultant shall request, expedite and submit all information necessary to obtain all necessary permits, licenses and approvals, required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities, unless otherwise agreed in writing.

3.1.6.5 The Design Consultant shall prepare such clarifications and addenda to the bidding documents as may be required. The Design Consultant will provide these to the Owner for review prior to issuance to all holders of bid documents.

3.1.6.6 The Design Consultant will schedule and conduct Pre-Bid Conferences with prospective bidders to review the Project. The Design Consultant shall provide knowledgeable representatives, including representatives of its consultants, to participate in these conferences to explain and clarify Bidding Documents. Within two (2) days after the Prebid Conference the Design Consultant shall deliver to the Owner, if needed, a final Addendum.

3.1.6.7 The Design Consultant shall assist the Owner's Representative and the Owner in obtaining bids.

3.1.6.8 The Design Consultant shall prepare a certified bid tabulation and recommendation to the Owner concerning the Contract Award.

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3.1.6.9 Should first bidding or negotiation produce prices in excess of the approved CCAP, the Design Consultant shall participate with the Owner's Representative in such re-bidding, re-negotiation, and re-design, at no additional expense to the Owner, as may be necessary to obtain price(s) within the approved CCAP or price(s) acceptable to the Owner. The Owner will assist in re-design decisions. All re-design must be approved by the Owner.

3.1.6.10 Should the Design Consultant re-design or conduct re-bidding under its responsibilities set out in the preceding paragraph, its Construction Phase and Post Construction Phase services shall be extended to take re-design/re-bid delays into account at no additional expense to the Owner.

3.1.6.11 The Design Consultant shall assist the Owner's Representative in the preparation of the Agreement(s) between Owner and Contractor(s) for the Owner's execution. The Owner's Representative will coordinate award(s) and Notice(s) to Proceed for the Owner.

3.1.7 Construction Phase.

3.1.7.1 The Construction Phase for each portion of the Project will commence with the award of the Construction Contract and will terminate when the Owner makes the Final Completion payment to Contractor

3.1.7.2 The Design Consultant shall consult with the Owner and participate in all decisions as to the acceptability of subcontractors and other persons and organizations proposed by the Contractor for various portions of the work.

3.1.7.3 The Design Consultant shall receive, compile, track and report all W/MBE participation of all contractors, sub-contractors and vendors of this project in a format acceptable to Owner. Reports will be made to the Owner on a monthly basis, utilizing a pay application cover sheet to be supplied and certified by the contractor (format to be provided by Owner).

3.1.7.4 The Design Consultant shall review and approve, or take other appropriate action on shop drawings, samples, and other submissions of Contractor(s) as well as the Work performed by the Contractor(s) for conformance with the design concept of the Project and for compliance with the Construction Contract Documents. The Design Consultant shall prepare one final color board for the use of the Owner and one to be kept on the jobsite containing the Owner approved submittal samples. The review and return of submittals shall be accomplished by the Design Consultant within fourteen (14) calendar days from date of receipt except when otherwise authorized by the Owner's Representative.

3.1.7.5 The Design Consultant shall provide necessary Project drawings, in electronic format, to the electrical or data contractor for creation of data “as built” submittal and approval drawings, and to the general contractor for site layout/staking.

3.1.7.6 The Design Consultant shall conduct Pre-installation meetings of all trades as required by the Design Guidelines to review the installation procedures of the contractors prior to the placement of the work. These Pre-installation meetings will be coordinated around construction progress meetings as possible, to accommodate the schedule of the Design Consultant and Owner.

3.1.7.7 The Owner's Representative will establish with the Design Consultant procedures to be followed for review and processing of all shop drawings, catalogue submissions, project reports, test reports, maintenance manuals, and other necessary documentation, as well as requests for changes and applications for extensions of time.

3.1.7.8 The Design Consultant shall, when requested by the Owner's Representative, prepare Change Order documentation.

3.1.7.9 The Design Consultant shall render to the Owner's Representative, within five (5) working days unless otherwise authorized by the Owner's Representative, interpretations of requirements of the Contract Documents. The Design Consultant shall make all interpretations consistent with the intent of and reasonably inferable from the Contract Documents. The Design Consultant's

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decision in matters relating to artistic effect shall be final if consistent with the intent of the Contract Documents.

3.1.7.10 Should errors, omissions or conflicts in the drawings, specifications or other Contract Documents by the Design Consultant be discovered, the Design Consultant will prepare and submit to the Owner's Representative, within five (5) working days unless otherwise authorized by the Owner's Representative, such amendments or supplementary documents and provide consultation as may be required, for which the Design Consultant shall make no additional charges to the Owner.

3.1.7.11 The Owner's Representative shall be the point of contact for the Owner, except when the Owner shall direct otherwise. All instructions to the Contractor(s) shall be issued by the Design Consultant except when is directed otherwise by the Owner's Representative.

3.1.7.12 The Design Consultant will have access to the Work at all times. All site visits, observations and other activities by the Design Consultant shall be coordinated with the Owner's Representative and written report of such visits made promptly to the Owner's Representative.

3.1.7.13 The Design Consultant and its consultants (including, but not limited to, the civil, structural, roofing, mechanical and electrical disciplines) shall make such periodic visits to the Project site as may be necessary to familiarize themselves generally with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. On the basis of such on-site observations, the Design Consultant and its consultants shall take the appropriate steps to guard the Owner against defects and deficiencies in the Work of the Contractor. If the Design Consultant observes any work that does not conform to the Contract Documents, the Design Consultant shall immediately make an oral and written report of all such observations to the Owner's Representative. The Design Consultant and its consultants shall not be required to make exhaustive or full-time on-site observations to check the quality or quantity of the Work, but shall make as many observations as may be reasonably required to fulfil their obligations to the Owner. The Design Consultant shall not be responsible for construction means, methods, techniques, sequences or procedures, or safety precautions and programs in connection with the Work.

3.1.7.14 Periodic visits of the Design Consultant shall be not less than once weekly. Each engineering discipline shall make periodic visits not less than once every two weeks, during the course of work applicable to its discipline. During critical work phases, each engineering discipline may be required to make periodic visits weekly, or as needed, at no additional cost to Owner. The engineering disciplines shall prepare and submit a report on each visit, submitted via the Design Consultant to the Owner's Representative within three (3) working days of the visit.

3.1.7.15 The Design Consultant shall immediately notify the contractor and Owner in writing if the Project falls more than 14 days behind schedule on any critical path activity. The Design Consultant shall immediately request a recovery plan from the contractor and make appropriate written recommendation to the Owner.

3.1.7.16 The Design Consultant shall render written field reports relating to the periodic visits and observations of the Project required by Subparagraph 3.1.7.14 within three (3) working days to the Owner's Representative in the form required by the Owner's Representative.

3.1.7.17 The Design Consultant shall hold construction progress meetings attended by the Owner's Representative and representatives of each Prime Contractor every two (2) weeks or more often as required by the project in critical phases. The Design Consultant shall render written minutes of this meeting within three (3) working days to all participants in a format acceptable to the Owner's Representative.

3.1.7.18 Based upon observations at the site and upon the Contractor's applications for payment, the Design Consultant shall determine the amount owing to the Contractor(s), pursuant to the terms of the Owner/Contractor Agreement, and shall issue Certificates for Payment to the Owner in such amounts. The Design Consultant's signing of a Certificate of Payment shall constitute a representation by the Design Consultant to the Owner, based upon the Design Consultant's

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observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated, that to the best of the Design Consultant's knowledge, information and belief, the quality of the Work appears to be in accordance with the Contract Documents (subject to: an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion; the results of any subsequent tests required by the Contract Documents; minor deviations from the Contract Documents correctable prior to completion; and to any specific qualifications stated in the Certificate for Payment), and that the Contractor is entitled to payment in the amount certified. By signing a Certificate for Payment to the Owner, the Design Consultant shall not be deemed to represent that it has made any examination to ascertain how and for what purpose the Contractor has used the monies paid on account of the Construction Contract Sum.

3.1.7.19 If, in accordance with its duty, the Design Consultant advises the Owner's Representative of non-conforming work as stated in subparagraph 3.1.7.13, the Design Consultant shall confirm the non-conformance in writing to the Owner's Representative within two (2) days of observation.

3.1.7.20 The Design Consultant and the Owner's Representative jointly shall have authority to reject Work on behalf of the Owner when in the Owner's Representative's or the Design Consultant's opinion the Work does not conform to the Contract Documents. Whenever in the Owner's Representative's or the Design Consultant's reasonable opinion it is considered necessary or advisable to insure the proper implementation of the intent of the Contract Documents, the Owner's Representative shall have the authority to require special inspection or testing of any Work in accordance with the provisions of the Contract Documents whether or not such Work is fabricated, installed or completed.

3.1.7.21 The Design Consultant shall obtain governing agency occupancy approval if any exceptions arise related to the design or specified materials.

3.1.8 Final Completion of Design Services Phase.

3.1.8.1 When the Contractor notifies the Design Consultant that the Work is substantially complete, the Design Consultant and its consultants shall inspect the Work and prepare and submit to the Owner's Representative punch lists of the Work of the Contractor(s) which is not in conformance with the Contract Documents. The Design Consultant shall transmit such punch lists to the Contractor(s). The Owner may request that the Design Consultant inspect and prepare a punch list on any portion of the Work.

3.1.8.2 The Design Consultant shall receive, compile, and report all W/MBE participation of all contractors, sub-contractors and vendors of this project, utilizing a pay application cover sheet to be supplied and certified by the contractor (format to be provided by Owner).

3.1.8.3 The Design Consultant shall provide assistance in the original operation of any equipment or system such as initial start-up, testing, adjusting and balancing.

3.1.8.4 The Design Consultant and/or its consultants shall observe and review test data for the original operation of any equipment or system such as initial start-up testing, adjusting and balancing to make sure that all equipment and systems are properly installed and functioning in accordance with the design and specifications.

3.1.8.5 The Design Consultant shall review and approve the Contractor-furnished maintenance and operating instructions, schedules, guarantees, bonds, and certificates of inspection as required by the Construction Documents and forward all approved copies to the Owner's Representative for use by the Owner. In addition, the Design Consultant shall conduct such observations as necessary to ensure all material and equipment warranties are in compliance with applicable specifications.

3.1.8.6 The Design Consultant and its consultants shall conduct up to two (2) comprehensive Final Completion inspections per construction contract at the request of the Owner. If more than two

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(2) Final Completion inspections are required, through no fault of the Design Consultant, the additional inspections shall be deemed additional services.

3.1.8.7 The Design Consultant shall obtain from the Contractor(s) drawings, prints, and other data necessary for the accurate preparation of the record drawings.

3.1.8.8 The Design Consultant shall make a recommendation in writing to the Owner regarding liquidated damages for each of the prime contractors, as may be applicable.

3.1.8.9 Upon correction of the deficiency reports (punch lists), and acceptance of all other close-out submittals and certificates of the Contractor, the Owner's Representative and the Design Consultant shall review and approve the Application for Final Payment and forward it to the Owner for execution. In addition, the Design Consultant shall certify in writing that to the best of his knowledge the work conforms to the Construction Contract Documents. The Design Consultant shall issue AIA Substantial Completion Certificates for each Contractor.

3.1.8.10 The Design Consultant shall prepare a set of original record drawings and digital files, in .DWG or .DXF format on CD ROM, showing significant changes in the Work made during the construction process, based on marked-up contract drawings, prints, and other data furnished by the Contractor(s) and the applicable Addenda, Clarifications, and Change Orders which occurred during the Project.

3.1.8.11 The Design Consultant will report the use of sub-consultants, their function, contract amount and MBE classification to the Owner at the conclusion of the Project. The Design Consultant shall receive, compile and report all W/MBE participation of all of its sub-consultants and vendors of this project in a format acceptable to Owner.

3.1.8.12 Submit a new property accounting drawing for new schools or a corrected drawing for renovation/addition projects.

3.1.8.13 Conduct and document the 12 month warranty inspection, approximately 50 weeks after the substantial completion date.

3.2 Design Consultant's Professional Responsibility and Standard of Care.

3.2.1 By execution of this Agreement, the Design Consultant represents, that (a) it is an experienced and duly licensed firm or individual having the ability and skill necessary to perform all the Services required of it under this Agreement in connection with the design and construction of a project having the scope and complexity of the Project contemplated herein; (b) it has the capabilities and resources necessary to perform its obligations hereunder; and (c) it is familiar with current laws, rules and regulations which are applicable to the design and construction of the Project (such laws, rules and regulations including, but not limited to, all local ordinances, requirements of building codes of city, county, state and federal authorities which are applicable to the Project, local sanitary laws and rules and regulations, and orders and interpretations by governing public authorities of such ordinances, requirements, codes, laws, rules and regulations in effect at the time of commencement of services on the Project), and that drawings, specifications and other documents prepared by the Design Consultant shall be prepared in accordance with and shall accurately meet, reflect and incorporate applicable laws, rules and regulations.

3.2.2 The Design Consultant hereby represents and agrees that the drawings, specifications and other documents prepared by it pursuant to this Agreement shall be complete and functional as measured by the applicable standard of care, except as to any deficiencies which are due to causes beyond the control of the Design Consultant, and that the Project, if constructed in accordance with the drawings, specifications and other documents, shall be structurally sound and a complete and properly functioning facility in accordance with the terms of this Agreement. Any suggestions, recommendations or review comments by the Owner shall not reduce or diminish the Design Consultant’s responsibilities pursuant to this Agreement.

3.2.3 The Design Consultant shall be responsible for any errors, inconsistencies or omissions in the drawings, specifications, and other documents. The Design Consultant will correct the

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drawings and specifications at no additional design cost to the Owner for any and all errors and omissions in the drawings, specifications prepared by the Design Consultant. The Design Consultant further agrees, at no additional cost, to render assistance to the Owner in resolving problems relating to the design or specified materials.

3.2.4 It is the responsibility of the Design Consultant to make certain that, at the time the project is bid, all drawings, specifications and other documents are in accordance with applicable laws, statutes, building codes and regulations and that appropriate reviews and approvals are requested and obtained from federal, state and local governments.

3.2.5 It shall be the responsibility of the Design Consultant throughout the period of performance under this Agreement to exercise the abilities, skills and the standard of care customarily used by Design Consultants of the training and background needed to perform the services required under this Agreement who practice in the Durham County/Durham City/Wake County/Research Triangle Park area or similar communities.

3.3 Project Requirements.

3.3.1 A component of the Project Construction Budget is the Construction Contract Award Price, herein referred to as CCAP. The CCAP for this Project is: $16,000,000.00. The CCAP for this Project, or designated portion thereof, may be modified in writing only in the form of a Design Phase Change Order, executed by the Owner and Design Consultant. The Design Consultant shall prepare drawings, specifications and other documents necessary so that the construction contract bid from a responsive, responsible bidding contractor, acceptable to the Owner, will be within the CCAP.

3.3.1.1 During all phases of the Project the Design Consultant shall prepare such estimates as it deems necessary, at no additional cost to the Owner, to assure itself that the estimated Project cost is within the CCAP and shall supply such data, information or estimates as the Owner may require to substantiate the Design Consultant's contention that the Project cost is within the CCAP.

3.3.1.2 With each Design Phase submittal and each interim, or subsequent design submittal of the Design Consultant to the Owner, the Design Consultant shall make the following statement in writing:

"The drawings, specifications, and other documents submitted herewith, in my/our professional opinion, fulfill the Program of Requirements and the work indicated by them may be purchased by the Owner in a construction contract or contracts, the total price of which (CCAP) will not exceed Sixteen Million Dollars ($16,000,000.00). Further, in my/our professional opinion, the above mentioned documents submitted herewith have been prepared in accordance with the Design Consultant Services Agreement.”

With each Design Phase submittal and each interim, revisionary or subsequent design submittal of the Design Consultant to the Owner and with his certification of the Final Payment to the contractor, the Design Consultant shall make the following statement in writing:

"No asbestos-containing building materials have been specified and to the best of my/our knowledge and belief none have been incorporated into this Project."

3.3.2 Incorporated herein and made a part of this Agreement by reference as Exhibit A is the Preliminary Programming which defines the physical and environmental parameters for the Project and establishes the design objectives and criteria. No deviations from the Preliminary Programming shall be allowed without written approval for change, in the form of a Design Phase Change Order executed by the Owner and Design Consultant.

3.3.3 Incorporated herein and made a part of this Agreement by reference as Exhibit B is the Management Plan for the Project which defines the sequence and timing of the design and construction activities. The Management Plan is the schedule to be adhered to by the Design Consultant. No deviation from the Management Plan shall be allowed without written approval for a change in the Management Plan, in the form of a Design Phase Change Order executed

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by the Owner and Design Consultant. Should the Owner determine that the Design Consultant is behind schedule due to no fault of the Owner; the Design Consultant shall expedite and accelerate its efforts, including additional manpower and/or overtime, to maintain the approved design schedule at no additional cost to the Owner.

3.3.4 Incorporated herein and made a part of this Agreement by reference is the Durham Public School System Design Guidelines (Design Guidelines), or the relevant portions thereof, which establish the technical objectives and parameters for the Project. The Design Consultant shall comply with the requirements of the Design Guidelines in performing its services pursuant to this Agreement.

3.3.5 Incorporated herein and made a part of this Agreement by reference are the Durham Public Schools Education Specifications, or the relevant portions thereof, which establish the space, furniture and equipment requirements for the Project. The Design Consultant shall comply with the requirements of the Educational Specifications in performing its services pursuant to this Agreement. The Design Consultant shall use the preliminary programming work of the Owner as a starting point for all final programming as part of the Design Consultant’s Basic Services. All final programming and space profiling is the expressed responsibility of the Design Consultant.

3.4 Project Conferences.

3.4.1 Throughout all phases of the Project, the Design Consultant and its consultants shall meet periodically with the Owner when reasonably requested. Participants shall be as determined by the Owner. As a minimum, regularly scheduled meetings which the Design Consultant will attend include:

3.4.1.1 Design Consultant Orientation.

3.4.1.2 Pre-design conferences every other week, or more often, as required by Owner.

3.4.1.3 Pre-design Project Analysis Sessions, three days maximum, attendees as designated the Durham Public Schools Office of Construction & Capital Planning Department.

3.4.1.4 Design conferences on an every other week basis.

3.4.1.5 Pre-bid conference for each bid package.

3.4.1.6 Pre-construction conference for each bid package.

3.4.1.7 Pre-installation meetings of all trades as required by Article 3.1.7.6.

3.4.1.8 Construction progress meetings on an every other week basis for each bid package.

3.4.1.9 Substantial Completion, Final Completion and completion of warranty period inspections for each construction contract.

3.4.2 The Design Consultant shall be responsible for scheduling and attending any meetings necessary to properly coordinate the design effort including, without limitation, meetings with governing agencies, code officials and applicable utilities.

3.4.3 The Design Consultant shall be responsible for preparing accurate and complete minutes of all Project conferences and distributing same to all participants.

3.5 Serving As Witness.

3.5.1 The Design Consultant shall provide testimony in public hearings, arbitration proceedings, and legal proceedings, and such testimony shall be provided without additional fee or charge to the Owner unless said testimony is requested by the Owner and consists of expert testimony no related to this Project or Work.

3.6 Construction Warranty.

3.6.1 The Design Consultant and its consultants shall assist the Owner in resolution of warranty issues as may be required to determine responsibility for deficiencies.

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3.6.2 The Design Consultant and its consultants shall conduct a warranty review of the project one (1) month prior to warranty expiration and provide to the Owner a written report specifying any warranty deficiencies which may exist.

ARTICLE 4

COMPENSATION

4.1 Basic Services Compensation.

The Owner shall compensate the Design Consultant in accordance with the terms and conditions of this Agreement, including the following:

4.1.1 For the Basic Services of the Design Consultant, Basic Services Compensation shall be in the amount of One Million Eighty Thousand Dollars ($1,080,000.00).

4.1.1.1 For the purposes of Subparagraph 4.1.1, no amount is to be included within the scope of the CCAP for the cost of land, rights-of-way or other non-construction costs which are the responsibility of the Owner.

4.1.1.2 For the purposes of Subparagraph 4.1.1, no labor and materials furnished by the Owner for the Project shall be included with the scope of the CCAP.

4.1.1.3 For the purposes of Subparagraph 4.1.1, should the Owner request additions to the Project which would cause a change or changes in the scope of the Program of Requirements or previously approved designs or design criteria, the Design Consultant's fee shall be adjusted accordingly as mutually agreed through a Design Phase Change Order

4.1.1.4 In the event the Owner requests changes to the Project or elects not to complete the work or any portion thereof, which would decrease the most recently approved CCAP, basic compensation due the Design Consultant, as to such deletion or decrease, shall be adjusted downwards for remaining services to be performed but not for services already performed to the date of receipt by the Design Consultant of the written requested change or notice of the intent not to complete part or all of the work, in accordance with the basic payment schedule set forth in Paragraph 4.2 hereof.

4.1.2 The Basic Services Compensation stated in Paragraph 4.1.1 includes all compensation and other payments due the Design Consultant (manpower, overhead, profit, direct costs, travel, copies, postage, telephone and facsimile service, etc.) in the performance of the Basic Services.

4.2 Payments to the Design Consultant. Payments on account of the Design Consultant shall be made as follows:

4.2.1 Payments for Basic Services, including any design phase change orders, shall be made in proportion to services performed so that the compensation at the completion of each Phase shall equal the following percentages of the Basic Services Compensation. Payment shall be made upon presentation of the Design Consultant’s statement of services, fully supported by invoices, time cards, and certifications that all sub-consultants have been paid, and other documentation as requested by the Owner.

Renovation/New School

Narrative/Schematic Design Phase 15%

Design Development Phase 35%

Construction Documents Phase 70%

Permitting and Bidding/Negotiation Phase 75%

Construction Phase 95%

Final Completion of Design Services Phase 100%

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4.2.2 No deductions shall be made from the Design Consultant's Basic Services Compensation on account of penalty, liquidated damages, retainage or other sums withheld from payments to Contractor.

4.2.3 Deductions may be made from the Design Consultant's Basic Services Compensation on account of negligent errors and omissions in the drawings, specifications and other documents prepared by the Design Consultant or in the Design Consultant’s negligent performance of its obligations under this Agreement.

4.2.4 Payments due the Design Consultant under the Agreement shall bear interest at the legal rate commencing thirty (30) days after the date the billing is received by the Owner.

4.2.5 Reimbursable Expenses incurred while performing Basic or Additional Services shall be computed at a multiple of 1.00 times actual cost. Reimbursable Expenses shall include such reasonable, actual expenditures made by the Design Consultant, his employees, or his professional consultants in the interest of the Project, limited to the following: the reasonable expense of transportation and living when traveling from the Design Consultant’s office to a location outside of the Triangle Area of North Carolina in connection with the Project; and expense of reproductions, postage and handling of Drawings and Specifications, beyond those for the Design Consultant’s and sub-consultants’ use and those required as the phase submittals. Before incurring any Reimbursable Expenses, the Design Consultant must request and receive written authorization from the Owner.

4.2.6 If the Project is suspended for more than six months or abandoned in whole or in part by the Owner, the Design Consultant shall be paid compensation for services performed prior to receipt of written notice from the Owner of such suspension or abandonment. If the Project is resumed after being suspended for more than twelve months, the Design Consultant's Basic Services Compensation shall be equitably adjusted.

4.2.7 Deductions shall be made from the Design Consultant's Basic Services Compensation for Liquidated Damages identified in Paragraph 4.5.

4.3 Additional Services Compensation.

4.3.1 With respect to any Additional Services, as described in Article 7 herein, performed by the Design Consultant hereunder, the Design Consultant and Owner shall negotiate an equitable adjustment to the Basic Services Compensation. However, if negotiations are not successful prior to the time the additional services are needed, the Owner may direct the Design Consultant to proceed with the Additional Services on a time spent basis with Additional Services Compensation to be computed as follows:

4.3.1.1 Principals' time at the fixed rate of One Hundred Fifty Dollars ($150.00) per hour. For the purposes of this Agreement the Principal is Robert Stevenson, AIA.

4.3.1.2 Employees' time computed at a multiple of 2.5 times the employees' Direct Payroll Expense. Direct Payroll Expense includes cost of salaries and of mandatory and customary benefits such as statutory employee benefits, insurance, sick leave, holidays and vacations, but shall not exceed 1.26 times the base hourly wage of each employee.

4.3.1.3 Re-inspection and re-submittal review time that is billable to the Contractor shall be reimbursed to the Design Consultant at the rate of One Hundred Twenty-Five Dollars ($125.00) per hour.

4.3.2 Payments for Additional Services of the Design Consultant shall be made upon presentation of the Design Consultant's statement of services, fully supported by invoices, time cards, and other documentation as requested by the Owner.

4.4 Accounting Records.

4.4.1 Records of the Design Consultant with respect to Additional Services and payroll, and consultant and other expenses (including Reimbursable Expenses) pertaining to the Project,

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shall be kept according to generally accepted accounting principles and shall be available to the Owner or its authorized representative for inspection and copying at mutually convenient times.

4.4.2 At the request of the Owner or its authorized representative, the Design Consultant will supply in a timely manner and certify as accurate, unaltered copies of all time sheets, invoices, and other documents to substantiate and document any and all Additional Services and Reimbursable Expenses.

4.5 Liquidated Damages.

4.5.1 Should the Design Consultant fail to provide to the Owner those documents required for review by the Owner (Schematic Design, Design Development, 60% Construction Documents and 100% Construction Documents) on or before the dates identified in Exhibit B to this Agreement, (or such later date as may result from extension of time granted by Owner), and delay is caused by no fault of the Owner, Design Consultant shall pay the Owner, as liquidated damages the daily amount of Fifty dollars ($50.00) for each consecutive calendar day that the submittal to the Owner remains incomplete, which sum is agreed upon as a reasonable and proper measure of damages which the Owner will sustain per day by failure of the Design Consultant to complete work within time as stipulated; it being recognized by the Owner and the Design Consultant that the injury to the Owner which could result from a failure of the Design Consultant to complete on schedule is uncertain and cannot be computed exactly..In no way shall costs for liquidated damages be construed as a penalty on the Design Consultant. The Design Consultant will not be held responsible for delays in obtaining approvals that are caused by approval agencies, or the Owner, provided that timely submission to the approval agency, or Owner, if applicable, has been made by the Design Consultant.

4.5.2 Should the Design Consultant fail to provide the Construction Documents for bid on or before the date identified in Exhibit B to this Agreement, (or such later date as may result from extension of time granted by Owner), and delay is caused by no fault of the Owner, Design Consultant shall pay the Owner, as liquidated damages the daily amount of five hundred dollars ($500.00) for each consecutive calendar day that all of the required documents are not published, which sum represents the approximate cost to expedite the construction work by one day and is agreed upon as a reasonable and proper measure of damages which the Owner will sustain per day by failure of the Design Consultant to complete and publish the design work within time as stipulated. The Design Consultant will not be held responsible for delays in obtaining approvals that are caused by approval agencies, or the Owner, provided that timely submission to the approval agency, or Owner, if applicable has been made by the Design Consultant.

4.5.3 The amount of liquidated damages set fourth in Article 4.5.1 and 4.5.2 may be assessed concurrently. The items of cost included in the assessment of liquidated damages are added review expense and additional expense to reduce the time allowed for construction of the Project. This provision for liquidated damages does not bar Owner's right to enforce other rights and remedies against the Design Consultant, including but not limited to, specific performance or injunctive relief.

ARTICLE 5

PERIOD OF SERVICE

5.1 Specific dates relating to the period of services are set forth in Exhibit B, Management Plan.

5.2 Unless earlier terminated as provided in Article 11 hereof, this Agreement shall remain in force for a period which may reasonably be required for the Basic Services and Additional Services hereunder. However, the provisions of the Agreement relating to Professional Responsibility (Paragraph 3.2); Professional Liability coverage (Article 9); Indemnification (Article 10); and Ownership of Documents/Confidential Information (Article 13) shall remain in effect after termination of the other provisions of the Agreement.

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5.3 If the Project is delayed through no fault of the Design Consultant, all specific dates noted in the Management Plan that are affected by the delay will be adjusted by the number of calendar days of the delay.

5.4 If the Owner materially revises the Project, a reasonable time extension and/or credit shall be negotiated between the Design Consultant and the Owner.

5.5 Time is of the essence in this Agreement.

ARTICLE 6

OWNER'S RESPONSIBILITIES

6.1 The Owner shall provide full information regarding the requirements for the Project.

6.2 The Owner shall examine documents submitted by the Design Consultant and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Design Consultant's Services.

6.3 If required for this Project, the Owner shall furnish a certified land survey of the site, giving as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and data pertaining to existing buildings, other improvements and trees; and full information concerning available service and utility lines, both public and private, above and below grade, including inverts and depths. All associated work will be coordinated by Design Consultant as part of the Basic Services.

6.4 The Owner shall pay for the services of a soils engineer or other consultant, when such services are deemed necessary by the Design Consultant or Owner's Representative, to provide reports, test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistively tests and other necessary operations for determining subsoil, air and water conditions, with appropriate professional interpretations thereof. All associated work will be coordinated by Design Consultant as part of the Basic Services.

6.5 The Owner shall pay for structural, mechanical, chemical and other laboratory tests, inspections and reports as required by law that are not otherwise called for in this Agreement. All associated work will be coordinated by Design Consultant as part of the Basic Services.

6.6 The Owner shall furnish such legal, accounting, and insurance counseling services as the Owner may deem necessary for the project and such auditing services as it may require to ascertain how, or for what purposes, the Contractor has used the moneys paid to it under the Construction Contract.

6.7 All services, information, surveys and reports required of the Owner shall be furnished at the Owner's expense and the Design Consultant shall be entitled to rely upon their accuracy and completeness.

6.8 The Owner shall furnish information and approvals required of it expeditiously, for orderly progress of the Work.

6.9 The Owner shall pay for and the Design Consultant shall request, expedite, and obtain all necessary permits, licenses, approvals, easements, assessments, and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities.

ARTICLE 7

ADDITIONAL SERVICES

7.1 If any of the following Additional Services are authorized in advance by the Owner in writing, the Design Consultant shall furnish or obtain from others the authorized services. If authorized

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in advance, in writing, by the Owner, the Design Consultant shall be paid for these additional services by the Owner pursuant to Article 4.3 to the extent they exceed the obligations of the Design Consultant under this Agreement.

7.1.1 Providing fully detailed presentation models or presentation renderings, not included in Basic Services.

7.1.2 Providing financial feasibility or other special studies, not included in Basic Services.

7.1.3 Providing planning surveys or alternative site evaluations.

7.1.4 Providing design services relative to future facilities, systems and equipment which are not intended to be constructed as part of the Project other than general planning and Master Planning for future work as indicated by the Preliminary Programming.

7.1.5 The services of this acoustician not covered in the Basic Services shall be considered additional services.

7.1.6 Making major revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given by the Owner.

7.1.7 Preparing supporting data and other services in connection with an Owner-initiated change order if the Basic Compensation is not commensurate with the services required of the Design Consultant.

7.1.8 Providing operating and maintenance manuals, training personnel for operation and maintenance, and consultation during operations other than initial start-up, and coordinating with the Contractor(s) to provide in electronic format, as designated by the Owner’s Representative, detailed product and warranty information for input to the Owner’s Facility Management computer system.

7.1.9 Providing soils sampling, classification and analysis; however, analysis of existing soils information and soils analysis during the Design Phase and recommendations needed during the Construction Phase of the Project are not considered additional services.

7.1.10 Providing services of interior furnishings not included in the Basic Services.

7.1.11 Providing professional services made necessary by the default of a Contractor or by major defects in the Work of the Contractor in the performance of the Construction Contract which the Design Consultant could not reasonably have prevented through inspection, observation or intervention.

7.1.12 Providing surveying services such as platting; mapping; subdivision agreements or recording subdivision plats, not included in the Basic Services.

7.1.13 Providing additional services prior to actual Substantial Completion of the Project made necessary by delays or defects in the work of the Contractor which the Design Consultant could not reasonably have prevented through inspection, observation or intervention, which prolongs the Construction Contract time by more than 90 days.

7.1.14 Providing additional services and costs necessitated by out-of-town travel required by the Design Consultant and approved by the Owner other than visits to the Project and other than for travel required to accomplish the Basic Services.

7.1.15 Providing consultation concerning replacement of any Work damaged by fire or other cause during construction, and furnishing professional services of the type set forth in Basic Design Services as may be required in connection with the replacement of such Work.

7.1.16 Providing services after payment by the Owner of the Final Payment to the Design Consultant other than services called for in the Basic Services.

7.1.17 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practices consistent with the terms of this Agreement.

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ARTICLE 8

NOTICES

8.1 Any notice required by this Agreement or other communications to either party by the other shall be in writing and deemed given when delivered personally or when deposited in the United States Post Office, first class, postage prepaid, addressed as follows, or to such other address as shall be duly given by notice meeting the requirement of this Article.

To Owner: Durham County c/o Durham Public Schools Construction & Capital Planning 2011 Hamlin Rd. Durham, NC 27704 To Design Consultant: Davis Kane Architects, PA 503 Oberlin Road, Suite 300 Raleigh, NC 27605

ARTICLE 9

INSURANCE

9.1 The Design Consultant shall purchase and maintain insurance for protection from claims under workers' or workmen's compensation acts; claims resulting from negligent acts or omissions for damages because of bodily injury, including personal injury, sickness, disease or death of any of the Design Consultant's employees or any other person; claims for damages because of injury to or destruction of personal and/or real property including loss of use resulting therefore; and claims arising out of the performance of this Agreement and caused by negligent acts or omissions for which the Design Consultant is legally liable. Minimum limits of coverage shall be:

Insurance Description Minimum Required Coverage

a. Workers' Compensation Statutory

b. Public Liability Combined Single Limit

Bodily Injury and Property Damage $1,000,000.00 Each Occurrence

c. Automobile Liability Combined Single Limit

Bodily Injury and Property Damage $1,000,000.00 Each Accident

d. Professional Liability:

Projects under $15,000,000 $1,000,000.00 Each Claim / $2,000,000 aggregate

Projects over $15,000,000 $2,000,000.00 Each Claim / $2,000,000 aggregate

9.2 Evidence of such insurance shall be furnished to the Owner, and the Owner shall receive thirty (30) days prior written notice of any cancellation, non-renewal or reduction of coverage of any of the policies. Upon notice of such cancellation, non-renewal or reduction, the Design Consultant shall procure substitute insurance so as to assure the Owner that the minimum limits of coverage are maintained continuously throughout the period of this Agreement.

9.2.1 The Design Consultant shall deliver to the Owner a Certificate of Insurance for its Professional Liability coverage annually, so long as it is required to maintain such coverage under Paragraph 9.4.

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9.3 The Owner shall be named as additional named insured on all policies except the Professional Liability policy and the Workers’ or Workmen’s Compensation policy. All insurance policies, except the Professional Liability policy and the Workers’ or Workmen’s Compensation policy, shall contain a waiver of subrogation against the Owner.

9.4 The Design Consultant shall maintain in force during the performance of this contract and for six (6) years after Substantial Completion of the Project, the Professional Liability insurance coverage referenced above.

9.5 The Design Consultant shall require its consultants to maintain all types of insurance as mentioned in this Article Nine and shall provide to the Owner Certificates of Insurance as described in Paragraph 9.2 for all consultants. The minimum limits of coverage for all civil, structural, roofing, plumbing, mechanical and electrical consultants shall be the same as described in Paragraph 9.1. The professional liability minimum limit of coverage for consultants such as acoustic, kitchen, landscape (not to include any civil engineering, ie., grading, storm runoff calculation and design), etc., shall be $250,000.00 aggregate.

9.6 The Owner shall be under no obligation to review any Certificates of Insurance provided by the Design Consultant or to check or verify the Design Consultant's compliance with any or all requirements regarding insurance imposed by the Contract Documents. The Design Consultant is responsible for the amounts and types of insurance required herein and is not excused should any policy or Certificate of Insurance provided by the Design Consultant not comply with any or all requirements regarding insurance imposed by the Contract Documents.

9.7 Should the Design Consultant fail to provide and maintain in force any insurance or insurance coverage required by this Agreement, the Owner shall be entitled to recover from the Design Consultant all amounts payable, as a matter of law, to Owner, had the required insurance or insurance coverage been in force. Said recovery shall include, but is not limited to interest for the loss of use of such amounts of money, plus all attorney's fees, costs and expenses incurred in securing such determination and any other consequential damages arising out of the failure of the Design Consultant or insurance company to comply with the provisions of the Agreement, or any policy required hereby, or any other requirements regarding insurance imposed by law. Nothing herein shall limit any damages for which Design Consultant is responsible as matter of law.

ARTICLE 10

INDEMNIFICATION

10.1 Notwithstanding anything to the contrary contained herein, the Design Consultant shall indemnify and hold harmless the Owner and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, resulting from (1) the Design Consultant's negligent performance or negligent failure to perform its obligations under this Agreement and (2) any claim, damage, loss or expense attributable to bodily injury, sickness, disease or death, or to injury to or destruction of personal and/or real property including the loss of use resulting wherefrom and to the extent caused by any negligent act or omission of the Design Consultant, anyone directly or indirectly employed by the Design Consultant or anyone for whose acts the Design Consultant may be liable in performance of this Agreement. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Article.

10.2 Except as otherwise set forth in this Agreement, the Design Consultant and the Owner shall not be liable to each other for any delays in the performance of their respective obligations and responsibilities under this Agreement which arise from causes beyond their control and without their fault or negligence, including but not limited to, any of the following events or occurrences: fire, flood, earthquake, epidemic, atmospheric condition of unusual severity, war, and strikes. Owner shall not be liable to the Design Consultant for acts or failures to act by the Contractor.

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ARTICLE 11

TERMINATION OF AGREEMENT

11.1 If: (a) the Owner abandons the Project or the Project is stopped for more than six (6) months due to actions taken by the Owner, or under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable through no act or fault of the Design Consultant or its agents or employees, or (b) the Owner has failed to substantially perform in accordance with the provisions of this Agreement due to no fault of the Design Consultant and such non-performance continues without cure for a period of thirty (30) days after the Owner receives from the Design Consultant a written notice of such non-performance (including a detailed explanation of the actions of the Owner required for cure), the Design Consultant may, upon fifteen (15) days' additional written notice to the Owner, terminate this Agreement, without prejudice to any right or remedy otherwise available to the Owner, and recover from the Owner payment for all services performed to the date of the notice terminating this Agreement.

11.2 Upon the appointment of a receiver for the Design Consultant, or if the Design Consultant makes a general assignment for the benefit of creditors, the Owner may terminate this Agreement, without prejudice to any right or remedy otherwise available to the Owner, upon giving three (3) days written notice to the Design Consultant. If an order for relief is entered under the bankruptcy code with respect to the Design Consultant, the Owner may terminate this Agreement by giving three (3) days written notice to the Design Consultant unless the Design Consultant or the trustee: (a) promptly cures all breaches; (b) provides adequate assurances of future performance; (c) compensates the Owner for actual pecuniary loss resulting from such breaches; and (d) assumes the obligations of the Design Consultant within the statutory time limits.

11.3 If the Design Consultant persistently or repeatedly refuses or fails, except in cases for which an extension of time is provided, to supply sufficient properly skilled staff or proper materials, or persistently disregards laws, ordinances, rules, regulations or orders of any public authority jurisdiction, or otherwise substantially violates or breaches any term or provision of this Agreement, then the Owner may, without prejudice to any right or remedy otherwise available to the Owner, and after giving the Design Consultant seven (7) days written notice, terminate this Agreement.

11.4 Upon termination of this Agreement by the Owner under Paragraph 11.2 and 11.3 the Owner shall be entitled to furnish or have furnished the Services to be performed hereunder by the Design Consultant by whatever method the Owner may deem expedient. Also, in such cases, the Design Consultant shall not be entitled to receive any further payment until completion of the Work; and the total compensation to the Design Consultant under this Agreement shall be the amount which is equitable under the circumstances. If the Owner and the Design Consultant are unable to agree on the amount to be paid under the foregoing sentence, the Owner shall fix an amount, if any, which it deems appropriate in consideration of all of the circumstances surrounding such termination, and shall make payment accordingly.

11.5 The Owner may, upon thirty (30) days written notice to the Design Consultant, terminate this Agreement, in whole or in part, at any time for the convenience of the Owner, without prejudice to any right or remedy otherwise available to the Owner. Upon receipt of such notice, the Design Consultant shall immediately discontinue all services affected unless such notice directs otherwise. In the event of a termination for convenience of the Owner, the Design Consultant's sole and exclusive right and remedy is to be paid for all work performed and to receive equitable adjustment for all work performed through the date of termination. The Design Consultant shall not be entitled to be paid any amount as profit for unperformed services or consideration for the termination of convenience by the Owner.

11.6 Should the Owner terminate this agreement as provided for under this Article 11.2 or 11.3, the Owner will acquire such drawings, including the ownership and use of all drawings, specifications, documents and materials relating to the Project prepared by or in the

454545


possession of the Design Consultant. The Design Consultant will turn over to the Owner in a timely manner and in good unaltered condition all original drawings, specifications, documents, materials, and computer files.

ARTICLE 12

SUCCESSORS/ASSIGNMENT

12.1 This Agreement shall inure to the benefit of and be binding on the heirs, successors, assigns, trustees and personal representatives of the Owner, as well as the permitted assigns and trustees of the Design Consultant.

12.2 Neither Owner nor Design Consultant shall assign, sublet or transfer its interest in this Agreement without the written consent of the Owner, except that the Design Consultant may assign accounts receivable to a commercial bank or financial institution for securing loans, without prior approval of the Owner.

ARTICLE 13

OWNERSHIP OF DOCUMENTS/CONFIDENTIAL INFORMATION

13.1 Drawings and Specifications as instruments of service are and shall remain the joint property of the Design Consultant and the Owner whether the Project for which they are made is built or not. The Owner shall retain reproducible copies of Drawings and Specifications for information and reference and use in connection with the Owner's use and occupancy of the Project and for the Owner's future requirements of the Project's facilities including without limitation any alteration or expansion in any manner the Owner deems appropriate without additional compensation to the Design Consultant. The use of the Drawings and Specifications, by any person or entity, for the purpose other than the Project as set forth herein, shall be at the full risk of such person or entity and the Design Consultant shall be relieved of any liability whatsoever, including claims for personal injury, property damage, or death as a result of such other use.

13.2 In order for the Design Consultant to fulfill this Agreement effectively, it may be necessary or desirable for the Owner to disclose to the Design Consultant confidential and proprietary information and trade secrets pertaining to the Owner's past, present and future activities. The Design Consultant hereby agrees to treat any and all information gained by it as a result of the Services performed hereunder as strictly confidential. The Design Consultant further agrees that it will not disclose during the period of this Agreement or thereafter to anyone outside of the authorized Project team (1) Owner's trade secrets or (2) Owner's confidential and proprietary information.

464646


ARTICLE 14

ADDITIONAL PROVISIONS

14.1 The Owner and Design Consultant agree to endeavor to provide written notification and to negotiate in good faith prior to litigation concerning claims, disputes, and other matters in question arising out of or relating to this Agreement or the breach thereof.

14.2 Nothing herein contained shall be construed to require the parties to provide written notifications or engage in negotiations prior to the institution of litigation nor to submit for alternative dispute resolution by a third party or parties any such claim, dispute or other matter in question between the parties, but the parties may by mutual agreement submit any claim, dispute or other matter at issue to arbitration in accordance with the North Carolina Uniform Arbitration Act, G.S. 1-567.1, et seq. or such other alternative dispute resolution procedure as may be mutually agreed upon between the parties.

14.3 Whenever renderings, photographs of renderings, photographs of models, photographs, drawings, announcements, or other illustration or information of the Project are released for public information, advertisement or publicity, appropriate and proper credit for architectural and other services shall be given to the Design Consultant and Owner respectively.

14.4 The payment of any sums by the Owner shall not constitute a waiver of any claims for damages by the Owner for any breach of the Agreement by the Design Consultant.

14.5 This Agreement and its Exhibits and Attachments represent the entire and integrated agreement between the Owner and the Design Consultant and supersede all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Design Consultant.

14.6 This Agreement shall be governed by the laws of the State of North Carolina, U.S.A.

14.7 If any one or more of the provisions contained in this Agreement, for any reason, are held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

14.8 Except where specifically stated otherwise, all periods of time stated in terms of days shall be considered periods calculated in calendar days.

14.9 The headings or captions within this Agreement shall be deemed set forth in the manner presented for the purposes of reference only and shall not control or otherwise affect the information set forth therein or interpretation thereof.

14.10 For the purpose of this Agreement unless the context clearly indicates otherwise, the singular includes the plural, and the plural includes the singular.

14.11 This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and the counterparts shall constitute one and the same instrument, which shall be sufficient evidence by any one thereof.

474747


IN WITNESS WHEREOF, Durham County (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 Davis Kane Architects, PA,(hereinbefore called "Design Consultant") has caused these presents to be signed by its Principal and its Corporate seal to be hereunto affixed, as hereinafter attested, all as of the day and year first above written. OWNER: Durham County by and through its authorized agent the Durham Public Schools Board of Education ______________________________________________________________ Heidi Carter, Chairwoman, Durham Public Schools Board of Education This instrument has been pre-audited in the manner required by the School Budget and Fiscal Control Act. ______________________________________________________________ Aaron J. Beaulieu, Chief Financial Officer

DESIGN CONSULTANT: Davis Kane Architects, PA By: ___________________________________ ______________________________________, Principal (Print Name)

North Carolina ______________ County I, _______________, a Notary Public for ____________ County, North Carolina, do hereby certify that ______________, a member of Davis Kane Architects, PA, personally appeared before me this day and acknowledged that he as a member, being authorized to do so, executed the foregoing instrument on behalf of the company. Date: __________________ ___________________________________ Notary Public My commission expires: ___________________ (Official Seal)

Endorsement: ______________________ Program Director Durham Public Schools Construction & Capital Planning

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PRECIS

Agenda Item: Resolution Supporting Local Control of School Calendars

Staff Liaison Present: Heidi Carter, Chair Phone # 919-560-2502

Main Points: The Board of Education submits the Resolution Supporting Local Control of School Calendars for approval.

Fiscal Implications: Strategic Plan Alignment:

Purpose



4949

DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION RESOLUTION

SUPPORTING LOCAL CONTROL OF SCHOOL CALENDARS

WHEREAS, the North Carolina General Statutes give local Boards of Education powers of supervision and control of local school systems; and

WHEREAS, local control over establishing school calendars is an integral component of school system supervision and administration powers with which local Boards of Education have been vested; and

WHEREAS, State law has usurped local control by imposing a one-size-fits-all mandate on how school calendars are to be set; and

WHEREAS, by usurping local control, the current calendar law has led to the calendar for high schools, community colleges and universities being out of alignment by approximately two weeks, causing scheduling problems. College courses now begin before high school students complete January final exams; and

WHEREAS, by usurping local control, the current calendar law has created a situation where fall semester cannot be completed before the winter break, forcing exams to be administered after the break. This means that students get no break without assessments/assignments pending; and WHEREAS, by usurping local control, the current calendar law has led to a decrease in the amount of instructional time students have prior to taking Advanced Placement and International Baccalaureate tests; and

WHEREAS, the State-mandated calendar law strictly limits the number of days that can be scheduled as inclement weather days, increasing the likelihood of unpopular days like the Wednesday before Thanksgiving, spring break, and Saturdays being used as make-up days. In other cases, districts facing scheduling challenges due to inclement weather may shorten the number of days in the school year and increase the length of school days. But longer school days may negatively impact learning, as children reach a point where they stop effectively absorbing the information they are being given; and

WHEREAS, it is well-documented through multiple studies that children experience learning loss during the summer months when they are away from the classroom and not engaging in educational activities, a phenomenon known as summer learning loss and which has a disproportionate impact on low-income children; and

WHEREAS, long summer breaks can also negatively impact child nutrition, as low-income children who have access to regular meals at school through the free and reduced priced meal program may not have access to regular meals at home; and

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WHEREAS, by mandating that every school calendar go into June, the current calendar law has forced retiring teachers who want to finish the school year to wait until July to retire, placing large burdens on the retirement system every July; and WHEREAS, the schedule for fall athletics has not changed to coincide with the State-mandated school calendar. This means most schools have played two football games before school even begins; and WHEREAS, restoring local control of school calendars will allow local Boards of Education to best meet the unique educational needs and school calendar preferences of the children and families within their communities, while allowing for innovative experimental approaches to dealing with summer learning loss. NOW, THREFORE, BE IT RESOLVED, that the Durham Public Schools Board of Education requests that local control over school calendars be returned to local Boards of Education. This the 20th day of November, 2014.

____________________________________ ___________________________________ Heidi Carter, Chair Minnie Forte-Brown, Vice Chair

__________________________________ ____________________________________ Natalie Beyer Matt Sears

__________________________________ ____________________________________ Sendolo Diaminah Leigh Bordley

_________________________________ ____________________________________ Mike Lee Dr. Bert L’Homme, Superintendent

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PRECIS

Agenda Item: Whitted School Project Update

Staff Liaison Present: Dr. Bert L’Homme, Ph.D. Phone # 919-560-3749

Main Points: Superintendent L’Homme submits the Whitted School Project Update for information.

Fiscal Implications: Strategic Plan Alignment:

Purpose



5252

Update on the James A. Whitted School Redevelopment Process

Durham Public Schools November 20, 2014

Hugh Osteen, Deputy Superintendent Dr. Stacey Wilson-Norman, Deputy Superintendent

53

Background • James A. Whitted School was originally constructed in the

early 1920’s with an addition in the 1950’s. • The 98,380 square feet facility is located on a 4.062 acre site at

200 East Umstead Street. • The building has previously housed Hillside High School,

Whitted Junior High and Operation Breakthrough. • The facility has been unoccupied for 8 years. • The Durham County Board of County Commissioners have

clearly indicated a desire to repurpose James A. Whitted School so that it continues to be an important anchor in the Southside Community.

54

RFP Process

• A Request for Proposals to solicit concepts from developers for the repurposing of the James A. Whitted School site was issued on May 1, 2012.

• The proposal selected was Integral/Forty AM/Durham Public School/Belk Architecture.

55

Progress to Date • The Board of County Commissioners authorized negotiations

to begin on November 5, 2012. • The Board of County Commissioners authorized a purchase

option on January 7, 2013. • Integral held a community meeting at Mount Vernon Baptist

Church on February 7, 2013. • The property has been rezoned by the City of Durham to allow

for the project to move forward. • Developer successfully applied for the building to be placed on

the National Register of Historic Places.

56

Progress to Date • Initial deal points have been developed between the

County/DPS and the Developer. • The Developer applied for Low Income Housing Tax Credits.

Credits were awarded for the project in the second year of the application process.

• The County has retained outside legal counsel with experience in tax credit projects. County staff are prepared to begin the complex process of developing the mechanics to bring the project to a point where development can begin.

57

Original Financing Structure - $20,005,333

Source Amount

Mortgage (Developer) $2,409,890

County $1,500,000

DPS/County Bond DPS/County Article 46 Sales Tax

$3,000,000 $2,000,000

City (Loan) $500,000

Federal Low Income Tax Credits $5,545,423

State Low Income Tax Credits $1,241,936

Federal Historic Tax Credits $2,372,284

State Historic Tax Credits $1,200,000

Deferred Developer Fee

$235,800

58

Issues

• Low Income Tax Credits were not awarded in the first year, so Inflationary costs increased project costs by $1,200,000.

• The North Carolina General Assembly has not taken action to reauthorize the State Historic Tax Credit Program, resulting in a loss of $1,200,000 in revenues for the project.

• Water and sewer improvements required by City of Durham resulted in an additional $265,000 in cost.

59

Finance Structure Changes 1. Recommendation to increase County commitment by $840,000. 2. DPS is being asked to increase their commitment by $800,000. 3. The City has indicated a willingness to increase their commitment from a

$500,000 loan to a $600,000 cash commitment. Additionally, they have indicated their willingness to pay for the utility improvements totaling $265,000.

4. The Developer has increased their deferred development fee to infuse more cash into the project at the beginning.

5. The Developer has been able to secure a new $350,000 loan (net) from the Federal Home Loan Bank.

6. The City has agreed to grants equal to property taxes paid and the Board of County Commissioners is requested to do the same, which would generate an additional $210,000.

60

Source Amount

Mortgage (Developer) $2,409,890

County $1,500,000 $2,340,000 (1)

DPS/County Article 46 Sales Tax $2,000,000

DPS/County Bond $3,000,000

DPS $800,000 (2)

City (Loan) $500,000 $600,000 (3)

City Utility Assistance $265,000 (3)

Federal Low Income Tax Credits $5,545,423

State Low Income Tax Credits $1,241,936

Federal Historic Tax Credits $2,372,284

State Historic Tax Credits $1,200,000

Deferred Developer Fee

$235,800 $335,800 (4)

Developer Loan from Federal Home Loan Bank $350,000 (5) (Net funds to project)

City and County Property Tax Rebates $210,000 (6)

Proposed New Financing Structure- $21,470,333

61

Site Plan

62

Ground Floor Plan

63

Second Floor Plan

64

Operating Whitted PreK

• Originally, PreK classes at Whitted were intended to be an expansion of service to the community.

• Whitted would provide 8 classrooms : – 8 classes x 18 students = 144 students

• Estimates in 2012 to cover operating costs totaled $1.72M. • Operating costs include staffing, supplies, utilities, custodial,

transportation, maintenance and security.

65


• Funding sources could include –

– Title 1 funds, – At-Risk funds, – N. C. PreK funds, – Local funds, – Fee-Based revenue.

66


Options to reduce new operating costs could include : • Moving existing PreK programs from other schools to

Whitted. • Increased use of fee-based programs. New operating costs that cannot be avoided include : • Maintenance, Security, Utilities, Custodial and other facility

related costs.

67


• A benefit of moving PreK classes from other schools includes reducing the overcrowding at those schools.

• Programs which moving would relieve overcrowding include : – Southwest (2) 110% overcrowded – Merrick-Moore (1) 109% overcrowded – Lakewood (1) 108% overcrowded

• Also, Little River’s K-8 option would benefit from more space.

• Expansion in the future remains a possibility. 68

Reality Check for Whitted PreK

• Two caveats remain for ensuring a successful project:

• Verify where the additional $800,000 in capital funding will come from.

• Funding from the county for increased operating costs must be provided without negatively affecting DPS’ operating funds elsewhere.

69



PRECIS Agenda Item: Proposal for Little River K-8 Conversion Staff Liaison Present: Stacey Wilson-Norman, Ed.D. Phone #: (919) 560-2309 Hugh Osteen (919) 560-3831

Main Points:

• The Administration conducted a feasibility study to address the under enrollment of Little River Elementary School.

• Administration is recommending that Little River Elementary School be reconfigured to create a

K-8 school in the existing facility.

• Administration is presenting for discussion and subsequent Board Approval. Fiscal Implications:

State, Local and Capital Improvement funds will be used to support this project.

Purpose


Reviewed by: Finance __________ Attorney:

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Little River School Site 2014-15

Play Field

Play Field

To Lucas Middle

Car Loop

Bus Loop 545471

Music

Art MP

PE

Media

Cafeteria PK

K K K

PK 2nd

1st 1st 1st

5th

2nd

2nd

3rd

3rd

4th

3rd

4th

EC

4th

5th

5th

6th

6th

7th

AIG 8th

8th

8th

6th

7th

7th

Comp

SCI

RES RES

Comp

Grades 6-8

Grades 3-5 Grades PK-2

Entry

Proposed Little River K-8 Floor Plan Draft October 1, 2014

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PRECIS

Agenda Item: Truancy Center Proposal: Future Forward Center

Staff Liaison Present: Debbie Pitman, PhD Phone #: 560-2554 Elizabeth Shearer, MEd 287-4193

Main Points:

• As the district works towards Graduate Durham, attendance in school and participation in

class are essential components to ensure increased academic achievement, reduced dropout rates, reduced suspensions and increased graduation rates.

• To address students struggling with chronic truancy, Durham Public Schools – in collaboration with community partners – is opening a truancy center in January 2015 called the “Future Forward Center” with two key components: Truancy Reduction Program (TRP), and (2) Future Forward Intervention (FFI) Program. The Future Forward Center will be housed on the campus of WG Pearson Middle School which closed in June 2014.

• Administration is presenting this to the Board for information.

Fiscal Implications:

• These efforts will be supported through local funds and community partnerships.

Purpose


Reviewed by: Finance _____ Attorney

5673

Truancy Proposal: Future Forward Center

Support Services Committee

November 20, 2014

Debbie Pitman, PhD Assistant Superintendent , Student, Family, Community Services

Elizabeth Shearer Executive Director, Student Support Services

575774

Community Imperative “The problem of truancy has proven to be so pervasive that it requires the coordination of several state and local agencies collaborating with personnel, resources and procedures to

address it effectively.”

National Dropout Prevention Center Network, 2005

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Social, Emotional and Moral Imperative

Research has shown how poor attendance correlates with juvenile crime and violence,

school failure and risky behaviors such as alcohol and drug use.

National Center for School Engagement: Promoting Attendance

and Achievement, www.truancyprevention.org

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Educational Imperative Attendance in school and participation in class are an integral part of academic achievement, the teaching

learning process and success in life.

606077

Attendance • Preliminary attendance data for 2013-14 reveals 44.4% of 54 schools

have attendance rates below 95% • In 2013-14, schools’ attendance rate* ranked below 95%:

– 11 Elementary schools had attendance rates below 95% – 6 Middle schools had attendance rates below 95% – 7 High schools had attendance rates below 95%

• In 2012-13 and 2013-14, 872 secondary students appeared in School-

Based Truancy Courts: – Middle School students improved attendance: average 55.5% – High School students improved attendance: average 48% – 75% of the students who attended School-Based Truancy Court in

2013-14 needed further referrals/assistance

*Preliminary

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Intended Outcomes Attendance* Reduce excused and unexcused absences

• Improve the DPS attendance ranking (75th) in NC • Improve attendance by 5%

Attachment* Encourage connections between students, parents, and the school • Provide services to students who have the

highest risk factors leading to truancy

Achievement* Encourage development of skills and resources need to graduate • Increase high school graduation rate by 2%

*National Center for School Engagement (NACE) 626279

The Process • Principals • Performance Learning Center • Student Focus Group & Testimonials • Community Forum –

– Alliance Behavioral Health, Stephanie Williams – Chief District Court Judge, Marcia H. Morey – Chief Court Counselor, Tasha Jones – Conflict Resolution Center, Grace K. Marsh, Lisa Gordon-Stella – Durham House Authority, Ashley Johnson – NCCU, Juvenile Justice Institute, Arnold Dennis – Project BUILD, Michelle Young – School Based Truancy Court Judge, Jeremy Rigsbee – Student Support Services staff

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Future Forward Center

• The W. G. Pearson Future Forward Center (FFC) is a direct response to addressing students disconnecting from school as evidenced by chronic absences.

• Durham Public Schools’ leadership is positioned to make

tangible investments to reduce the barriers to academic success such as truancy reduction.

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INTENSIVE Future Forward Center TARGETED

UNIVERSAL

FFC

School-Based Truancy Court

3-day phone call;

6-day & 10-day letters

656582

FFC Program Overview – 2 Components • Truancy Reduction Program (TRP) – to develop

re-engagement plan based on initial in-take screening for implementation at base school

• Future Forward Intervention (FFI) – to engage students with necessary resources to set a course for high school graduation and post-secondary readiness

666683

Phase I Student Profile (January 2015)

Student Profile (Risk Factors)

Seniors • 3-6 Credits • 10+ days unexcused • Attendance interventions ineffective

Prepared Youth • Secondary students under 16 years old • Missed 6 or 10 consecutive days unexcused • Missed 2 Truancy Court referrals • Ineffective school interventions (social worker

home visits, parent conferences, etc.)

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Phase I Truancy Reduction Program: Seniors

Seniors: Referral to FFI to complete course work

Re-engagement Plan Developed

Future Forward Intervention • On-site school (On-line Apex with instructor support and trained volunteer

support; Career Education – frequent workshops, job skill development, exploration, apprenticeship)

• Therapeutic services/Community resources • Duration: Until Re-Engagement Plan fulfilled

Initial Assessment

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Phase I Truancy Reduction Program: Prepared Youth

Return to assigned school for re-engagement plan fulfillment

Re-engagement/Transitional Plan developed with family, youth and assigned school personnel

Duration: 1-3 days

Initial In-Take Screening; Comprehensive assessment as applicable

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Budget: Community In-Kind

Community In-Kind Contribution Organization PHASE ONE: JANUARY 2015

School Based Mental Health provider Mental Health (Family Preservation Services)

2 hours a day Out-Reach Worker Project BUILD

Bus Passes* City of Durham

Current district Truancy Officer Durham County Sheriff’s Office

*pending 707087

Budget - DPS

Phase One Salary/Benefits Jan-June 2015

Personnel • Secondary school teacher • One licensed Clinical Social Worker(LCSW) • Child Nutrition Services • Incidental nutritional needs Materials and Resources • Online Apex learning licenses • Supplies & materials job exploration • Operating budget-administrative costs • Transportation-Contracted Services

$80,000 $15,000

717188

Continued Work • Increase services and staffing for additional

secondary truant youth including “Targeted” and “Disconnected”

• Review services to truant students with significant mental health challenges

• Develop vocational rehab partnerships • Collaborate with multiple district and community

programs to provide appropriate services • Pursue city/county daytime ordinance

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Discussion

737390



PRECIS Agenda Item: Revised Policy 4400 – Administration of Medication to Students – Second Reading Staff Liaison Present: Debbie Pitman, Ph.D. Phone #: 560-2554 Richard Lemke, Ph.D. 684-5684

Main Points:

• Revised Policy 4400 includes the emergency administration of epinephrine in cases of suspected anaphylaxis. Effective November 2014, G.S.115C-375.2A requires schools to have at least two emergency epinephrine auto-injector devices to deliver emergency medical aid to any person suffering from an anaphylactic reaction during the school day or at a school-sponsored event on school property.

• At least two school personnel will receive initial training and annual retraining regarding the storage and emergency use of an epinephrine auto-injector.

• Auto injectors are intended for use on students not previously diagnosed with severe allergies.

• Administration is presenting this to the Board for discussion and subsequent Board

approval.


• The initial supply is prescribed through the local health department and provided at no cost to the district.

Purpose


Reviewed by: Finance _____ Attorney BJ

7491

Revised Policy 4400 Administration of Medication to Students

Support Services Committee November 20, 2014

Debbie Pitman, PhD

Assistant Superintendent

Richard Lemke, PhD Hospital School/Homebound Program

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Emergency Administration of Epinephrine At least two emergency epinephrine auto-injector devices are to be located at each school. What: Epi-Pens are prescribed via the Durham County Department of Public Health for non patient specific emergency use on any person suffering from an anaphylactic reaction. Where: The devices are to be stored in a secure but unlocked and easily accessible location. Who: Principals designate two school personnel to receive training and annual retraining.

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Implementation • Principals with school personnel create an emergency

action plan for using the epinephrine auto-injectors

• School designees receive training from Durham County Department of Public Health

• School nurses are available to provide overview to faculty and staff at faculty meeting

• School nurses are responsible for ensuring the epinephrine auto-injectors are properly and securely stored, kept up-to-date, and replaced when necessary

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Discussion

787895

4400 ADMINISTRATION OF MEDICATION TO STUDENTS

The Durham County Public School Board of Education discourages administration of medication to students during the school day when medicine could be taken outside of school hours.

Pursuant to G.S. 115C-307(c) and 115C-375.1, school employees may administer medication, including over-the-counter medication, when prescribed by a doctor, upon written request of a student’s parent or guardian, or, pursuant to G.S. 115C-375.2A, in cases of suspected anaphylaxis as described in Section 4400.3 of this policy. Administration of medication during school hours by school personnel is discouraged.

Only school personnel, parents, or guardians will be allowed to administer medicine to a student during the school day. Self-medication by students is allowed only in accordance with Section C 4400.2.B of this policy. Students are prohibited from sharing medication with other students.

It is the parent or guardian’s responsibility to alert school personnel to any possible adverse reaction to medication. The first dose of any medication must be given at home to help prevent an adverse reaction occurring at school.

4400.1 Pre-Kindergarten Students

A. School personnel may only administer prescription or over-the-counter medication to a student enrolled in a pre-kindergarten program when accompanied by a written authorization that includes the student’s name, date or dates for which the authorization is applicable, dosage instructions, and signature of the student’s parent or legal guardian and doctor.

B. In the event of a medical emergency, and the parent or legal guardian of a pre-kindergarten student is unavailable, school employees may administer medication to the student if they receive authorization to do so by a medical care provider authorized to prescribe the medication.

4400.2 Kindergarten - 12th Grade Students

A. Medication prescribed by a doctor, including over-the-counter medication prescribed by a doctor, that is administered by school personnel during school hours must be accompanied by a doctor’s signature certifying that the medication must be dispensed during school hours. Medication prescribed by a doctor should be delivered by the parent or guardian to the school in its original container with the completed “Administration of Medication” form signed by a doctor.

1. Medication shall be dispensed from a central location designated by the principal of each school. It is the responsibility of the principal or designee to see that the medications are kept locked in a central secure location (except for medications requiring refrigeration), designate two or more persons for the administration and security of medications, and designate staff to maintain proper documentation of the time and dosage of medications given on a form developed by the Durham County Public Schools. The completed

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medication form should be maintained through the end of the school year. 2. No teacher, assistant teacher, or volunteer shall administer any prescription medication

within the classroom setting except in the case of self-contained exceptional children’s classrooms where it would be inappropriate to send students to the office or in individual cases in regular classrooms where the principal and the teacher agree that a specific student would be better served by classroom administration of medication. In cases where classroom administration is approved, there shall be a locked storage facility within the classroom and appropriate record keeping shall be maintained.

3. Principals may present for approval to the board a plan for classroom-based administration of medication which provides the board assurances of medication security and privacy of students.

B. At all grades, students may self-medicate on school property during the school day, at school-sponsored activities, or while in transit to or from school or school-sponsored activities, only under the following conditions:

1. For non-prescription medicine, the student's parent or guardian must complete the “Authorization for Self-Medication by DPS Students” form for the student to possess and self-administer medication. The student’s parent or guardian must agree that the student will bring to school no more than the recommended dosage of non-prescription medication needed for each day on which the student is authorized to self-medicate. The student's parent or guardian must acknowledge in writing that the Durham Public Schools Board of Education and its employees and agents are not liable for an injury arising from the student's possession and self-administration of medication.

2. For prescription medicine, the student’s parent or guardian must complete the “Authorization for Self-Medication by DPS Students” form for the student to possess and self-administer medication. The student's parent or guardian must acknowledge in writing that the Durham Public Schools Board of Education and its employees and agents are not liable for an injury arising from the student's possession and self-administration of medication.

In addition, the school must have a written statement from the student's health care practitioner on the “Authorization for Self-Medication By DPS Students” form that the health care practitioner prescribed medication for use on school property during the school day, at school-sponsored activities, or while in transit to or from school or school-sponsored events. The statement shall include:

1. Confirmation that the student understands, and has been instructed in self-administration of the medication, and has demonstrated the skill level necessary to use the medication and any device necessary to administer the medication;

2. A written treatment plan and written emergency protocol;

If the diagnosis is asthma or allergy, verification that the student has asthma, or an allergy that could result in an anaphylactic reaction, or both. The permission granted by the school for a student to self-possess and administer prescription medication shall be effective only for that same school and for 365 calendar days, and must be

808097

renewed annually.

If a student uses the medication in a manner other than as intended or prescribed, or shares the medication with other students, the school may impose on the student disciplinary action according to the discipline policy, but may not limit or restrict the student's immediate access to prescription medication.

The storage of self-administered medications is determined by the principal based on the nature of the medication, age of the student, and the student’s ability to maintain safe use, including the student’s keeping the medication on their person.

In cases where students self-administer medication during the school day, the Durham County Public Schools Board of Education will assume no liability.

C. At the end of the school year, or if medication is discontinued, any medication not picked up by the parent or guardian within 2 weeks will be destroyed.

D. A confidential prescription medication log shall be maintained for each child receiving medication.

E. School personnel may not administer any medication except that provided by the parent, not to exceed manufacturer’s recommended dosage.

F. Principals shall provide staff development on the importance of administering medications in a manner to insure the privacy of the student to the extent possible.

G. Principals shall develop procedures to insure that parents and students are informed of this policy at the beginning of each year.

H. School personnel designated to administer medications during school hours shall be trained by the school nurse.

4400.3 Emergency Administration of Epinephrine In Cases Of Suspected Anaphylaxis

The Durham Public Schools Board of Education recognizes that the emergency administration of epinephrine can save the life of a student suffering from anaphylaxis. In preparation for such emergencies, schools shall store in a secure but unlocked and easily accessible location a minimum of two epinephrine auto-injectors for use on students suspected of suffering from anaphylaxis. Administration of epinephrine auto-injectors in cases of suspected anaphylaxis will adhere to the following guidelines:

1. Schools shall obtain a non-patient specific prescription for epinephrine auto-injectors from a physician, physician assistant, or nurse practitioner of the local health department. No epinephrine shall be obtained or maintained at school without a valid prescription or standing order from a licensed physician, physician assistant, or nurse practitioner of the local health department.

2. The principal shall designate one or more school personnel to receive initial training and annual retraining from a school nurse or qualified representative of the local health

818198

department regarding the storage and emergency use of an epinephrine auto-injector. In schools with a full-time nurse, the nurse and one other staff member selected by the principal will be trained. In schools without a full-time nurse, two staff members selected by the principal will be trained. Only trained personnel may use an epinephrine auto-injector on a person believed to be having an anaphylactic reaction.

3. The principal shall collaborate with appropriate school personnel to develop an emergency action plan for the use of epinephrine auto-injectors in an emergency. The plan shall include at least the following components:

a) Standards and procedures for the storage and emergency use of epinephrine auto-injectors by trained school personnel;

b) Training of school personnel in recognizing symptoms of anaphylaxis; c) Emergency follow-up procedures, including calling emergency services and

contacting a student’s parent and physician; and d) Instruction and certification in cardiopulmonary resuscitation.

4. Epinephrine auto-injectors maintained under the standing order are intended primarily for use on students who have not previously been diagnosed with, or known to have, severe allergies. Students with diagnosed and/or known allergies must adhere to Sections 4400.1 and 4400.2 of this policy by providing an emergency health care plan and their own prescribed medication.

5. The school nurse is responsible for ensuring that epinephrine auto-injectors are properly and securely stored and that the school’s injectors are kept up-to-date and replaced when necessary.

6. Non-patient specific epinephrine auto-injectors obtained pursuant to this policy are not required to be available at activities held off school grounds or during transportation to or from school.

The board does not assume any responsibility for the administration of drugs or medication to a student by the student, the student’s parent or legal custodian or any other person who is not authorized by this policy to administer medications to students.

Cross Reference: Student Code of Conduct

Legal Reference: G.S. 115C-307, -375.1, -375.2; -375.2A; G.S. 110-102.1A Adopted Effective: July 1, 1999 Revised Effective: October 25, 2007 Revised Effective: ______________

828299

4400 ADMINISTRATION OF MEDICATION TO STUDENTS

The Durham Public School Board of Education discourages administration of medication to students during the school day when medicine could be taken outside of school hours.

Pursuant to G.S. 115C-307(c) and 115C-375.1, school employees may administer medication, including over-the-counter medication, when prescribed by a doctor, upon written request of a student’s parent or guardian, or, pursuant to G.S. 115C-375.2A, in cases of suspected anaphylaxis as described in Section 4400.3 of this policy. Administration of medication during school hours by school personnel is discouraged.

Only school personnel, parents, or guardians will be allowed to administer medicine to a student during the school day. Self-medication by students is allowed only in accordance with Section 4400.2.B of this policy. Students are prohibited from sharing medication with other students.

It is the parent or guardian’s responsibility to alert school personnel to any possible adverse reaction to medication. The first dose of any medication must be given at home to help prevent an adverse reaction occurring at school.

4400.1 Pre-Kindergarten Students

A. School personnel may only administer prescription or over-the-counter medication to a student enrolled in a pre-kindergarten program when accompanied by a written authorization that includes the student’s name, date or dates for which the authorization is applicable, dosage instructions, and signature of the student’s parent or legal guardian and doctor.

B. In the event of a medical emergency, and the parent or legal guardian of a pre-kindergarten student is unavailable, school employees may administer medication to the student if they receive authorization to do so by a medical care provider authorized to prescribe the medication.

4400.2 Kindergarten - 12th Grade Students

A. Medication prescribed by a doctor, including over-the-counter medication prescribed by a doctor, that is administered by school personnel during school hours must be accompanied by a doctor’s signature certifying that the medication must be dispensed during school hours. Medication prescribed by a doctor should be delivered by the parent or guardian to the school in its original container with the completed “Administration of Medication” form signed by a doctor.

1. Medication shall be dispensed from a central location designated by the principal of each school. It is the responsibility of the principal or designee to see that the medications are kept locked in a central secure location (except for medications requiring refrigeration), designate two or more persons for the administration and security of medications, and designate staff to maintain proper documentation of the time and dosage of medications given on a form developed by the Durham Public Schools. The completed medication form should be maintained through the end of the school year.

8383100

2. No teacher, assistant teacher, or volunteer shall administer any prescription medication within the classroom setting except in the case of self-contained exceptional children’s classrooms where it would be inappropriate to send students to the office or in individual cases in regular classrooms where the principal and the teacher agree that a specific student would be better served by classroom administration of medication. In cases where classroom administration is approved, there shall be a locked storage facility within the classroom and appropriate record keeping shall be maintained.

3. Principals may present for approval to the board a plan for classroom-based administration of medication which provides the board assurances of medication security and privacy of students.

B. At all grades, students may self-medicate on school property during the school day, at school-sponsored activities, or while in transit to or from school or school-sponsored activities, only under the following conditions:

1. For non-prescription medicine, the student's parent or guardian must complete the “Authorization for Self-Medication by DPS Students” form for the student to possess and self-administer medication. The student’s parent or guardian must agree that the student will bring to school no more than the recommended dosage of non-prescription medication needed for each day on which the student is authorized to self-medicate. The student's parent or guardian must acknowledge in writing that the Durham Public Schools Board of Education and its employees and agents are not liable for an injury arising from the student's possession and self-administration of medication.

2. For prescription medicine, the student’s parent or guardian must complete the “Authorization for Self-Medication by DPS Students” form for the student to possess and self-administer medication. The student's parent or guardian must acknowledge in writing that the Durham Public Schools Board of Education and its employees and agents are not liable for an injury arising from the student's possession and self-administration of medication.

In addition, the school must have a written statement from the student's health care practitioner on the “Authorization for Self-Medication By DPS Students” form that the health care practitioner prescribed medication for use on school property during the school day, at school-sponsored activities, or while in transit to or from school or school-sponsored events. The statement shall include:

1. Confirmation that the student understands, and has been instructed in self-administration of the medication, and has demonstrated the skill level necessary to use the medication and any device necessary to administer the medication;

2. A written treatment plan and written emergency protocol;

If the diagnosis is asthma or allergy, verification that the student has asthma, or an allergy that could result in an anaphylactic reaction, or both. The permission granted by the school for a student to self-possess and administer prescription medication shall be effective only for that same school and for 365 calendar days, and must be renewed annually.

8484101

If a student uses the medication in a manner other than as intended or prescribed, or shares the medication with other students, the school may impose on the student disciplinary action according to the discipline policy, but may not limit or restrict the student's immediate access to prescription medication.

The storage of self-administered medications is determined by the principal based on the nature of the medication, age of the student, and the student’s ability to maintain safe use, including the student’s keeping the medication on their person.

In cases where students self-administer medication during the school day, the Durham Public Schools Board of Education will assume no liability.

C. At the end of the school year, or if medication is discontinued, any medication not picked up by the parent or guardian within 2 weeks will be destroyed.

D. A confidential prescription medication log shall be maintained for each child receiving medication.

E. School personnel may not administer any medication except that provided by the parent, not to exceed manufacturer’s recommended dosage.

F. Principals shall provide staff development on the importance of administering medications in a manner to insure the privacy of the student to the extent possible.

G. Principals shall develop procedures to insure that parents and students are informed of this policy at the beginning of each year.

H. School personnel designated to administer medications during school hours shall be trained by the school nurse.

4400.3 Emergency Administration of Epinephrine In Cases Of Suspected Anaphylaxis

The Durham Public Schools Board of Education recognizes that the emergency administration of epinephrine can save the life of a student suffering from anaphylaxis. In preparation for such emergencies, schools shall store in a secure but unlocked and easily accessible location a minimum of two epinephrine auto-injectors for use on students suspected of suffering from anaphylaxis. Administration of epinephrine auto-injectors in cases of suspected anaphylaxis will adhere to the following guidelines:

1. Schools shall obtain a non-patient specific prescription for epinephrine auto-injectors from a physician, physician assistant, or nurse practitioner of the local health department. No epinephrine shall be obtained or maintained at school without a valid prescription or standing order from a licensed physician, physician assistant, or nurse practitioner of the local health department.

2. The principal shall designate one or more school personnel to receive initial training and annual retraining from a school nurse or qualified representative of the local health department regarding the storage and emergency use of an epinephrine auto-injector. In schools with a full-time nurse, the nurse and one other staff member selected by the

8585102

principal will be trained. In schools without a full-time nurse, two staff members selected by the principal will be trained. Only trained personnel may use an epinephrine auto-injector on a person believed to be having an anaphylactic reaction.

3. The principal shall collaborate with appropriate school personnel to develop an emergency action plan for the use of epinephrine auto-injectors in an emergency. The plan shall include at least the following components:

a) Standards and procedures for the storage and emergency use of epinephrine auto-injectors by trained school personnel;

b) Training of school personnel in recognizing symptoms of anaphylaxis; c) Emergency follow-up procedures, including calling emergency services and

contacting a student’s parent and physician; and d) Instruction and certification in cardiopulmonary resuscitation.

4. Epinephrine auto-injectors maintained under the standing order are intended primarily for use on students who have not previously been diagnosed with, or known to have, severe allergies. Students with diagnosed and/or known allergies must adhere to Sections 4400.1 and 4400.2 of this policy by providing an emergency health care plan and their own prescribed medication.

5. The school nurse is responsible for ensuring that epinephrine auto-injectors are properly and securely stored and that the school’s injectors are kept up-to-date and replaced when necessary.

6. Non-patient specific epinephrine auto-injectors obtained pursuant to this policy are not required to be available at activities held off school grounds or during transportation to or from school.

The board does not assume any responsibility for the administration of drugs or medication to a student by the student, the student’s parent or legal custodian or any other person who is not authorized by this policy to administer medications to students.

Cross Reference: Student Code of Conduct

Legal Reference: G.S. 115C-307, -375.1, -375.2; -375.2A; G.S. 110-102.1A Adopted Effective: July 1, 1999 Revised Effective: October 25, 2007 Revised Effective: ______________

8686103

November 20, 2014


PRECIS Agenda Item: 2015-2016 Bell Schedule Discussion

Staff Liaison Present: Hugh Osteen Phone # 560-3831 G. Scott Denton 560-3822 Marlon Watson 560-3822

Main Points:

• Board members have expressed an interest in discussing the impact of starting school ten minutes later than the current approved bell schedules.

Administration submits this item for approval.


• None

Purpose


Reviewed by: Finance __________ Attorney ____________

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Executive Summary for 2015-2016 Bell Schedules

Moving Bell Schedules to a 10 Minute Later Start

At the August 14 Administrative Services Committee Meeting, administration presented information and analysis regarding the movement of school start times to a 30 minute later start than the current bell schedules. Although there was an interest in keeping bell schedules the same for the 2015-1016 school year, discussion has continued surrounding the feasibility of making some type of change sooner than anticipated.

Moving bell times by a modest 10 minutes has the potential to raise awareness regarding school start times; it also may highlight the link between more sleep for adolescents and improved academic performance. A small move in bell times will be less impactful for students and families. Such a move will provide Board Members the opportunity to gauge the communities’ appetite for future bell schedule adjustments.

A 10 minute change in bell schedules will result in the following impacts at our schools:

Most middle and high schools will start school at 7:40 a.m.; dismissal times will range from 2:30 p.m. to 2:40 p.m.

Late bell schedule high schools will also see an adjustment in start and dismissal times: o Durham School of the Arts – 8:55 a.m. – 3:55 p.m. o School for Creative Studies – 9:10 a.m. – 4:10 p.m.

Buses will pick up 10 minutes later in the morning and drop off 10 minutes later in the

evening.

Community Education will be able to support a 10 minute change in bell schedule without any glaring concerns.

o Before school start times will remain the same. o No additional cost are anticipated.

Athletics, after school jobs and other activities will require an adjustment of 10 minutes.

School Bus Transportation will be minimally impacted; no additional costs are

anticipated.

Administration submits this item for approval.

1

88105



PRECIS

Agenda Item: Budget Resolution (2014-2015) Staff Liaison Present: Aaron J. Beaulieu Phone # 560-3544 Paul D. LeSieur 560-3635

Main Points: This document is required by the North Carolina General Statues, Article 31, 115C-425 –

“Annual Balance Budget Resolution”. Each local school administrative unit shall operate under an annual balance budget resolution adopted and administered in accordance with this article. A budget resolution is balanced when the sum of estimated net revenues and appropriated fund balances is equal to appropriations.

Administration submits the 2014-2015 Budget Resolution for approval. Fiscal Implications: None Purpose



91108

BUDGET RESOLUTIONFY 2014 ‐ 2015

Presented to the AdministrativeServices CommitteeNovember 6, 2014

1

92109

BUDGET RESOLUTIONFY 2014 – 2015

Section 1General Statute/Budget Terminology

2

93110

BUDGET RESOLUTIONFY 2014 ‐ 2015

North Carolina General Statutes Chapter 115C Article 31

The School Budget and Fiscal Control Act

115C ‐ 425 Annual Budget Resolution115C – 426 Uniform Budget Format

3

94111

BUDGET TERMINOLOGY

4

Fund ‐ Financial accounting group used to account for all revenues and expenses appropriated from a primary funding source. Durham Public Schools’ budget is comprised of the following funds:

‐ State Public School Fund ‐ Local Current Expense Fund ‐ Federal Grants Fund ‐ Grant Fund ‐ Special Revenue Fund ‐ Local Capital Outlay Fund ‐ Child Nutrition Program Fund

Purpose ‐ The reason for which something exists or is used. The Purpose includes the activities or

actions that are performed in accomplishment of the program objective. The budgets of each individual PRC is broken down into segments that define the purpose for which the program expense will be used. The following are examples of expense purposes:

‐ Instructional Programs ‐ Supporting Services ‐ Community Services ‐ Capital Outlay

95112

BUDGET TERMINOLOGY (Cont.)

5

PRC ‐ A plan of activities or funding designed to accomplish a predeterminedobjective. The overall budget for each Fund is broken down into smaller program budgets (PRCs) based on the cost objective of each program. The following are examples of PRCs found within each Fund:

‐ Classroom Teachers ‐ Exceptional Children ‐ Vocational Education ‐ Teacher Assistants ‐ Plant Operations

For example, all the costs associated with classroom teacher assistants are collected under the Teacher Assistant PRC.

Object ‐ The service or commodity obtained as a result of a specific expenditure. There are five major categories of objects:

‐ Salaries ‐ Employer Paid Benefits ‐ Purchased Services ‐ Supplies and Materials ‐ Capital Outlay

96113

Capital Outlay (4)

$34,649,475

Child Nutrition (5)

$16,473,386

Grants & Community Ed

(6)$6,577,333

State$193,690,979

Local$143,123,392

Federal$25,871,000

Funds 4, 5, & 6$57,700,194

Operating Budget$362,685,371

Total Budget$420,385,565

Charter Schools$16,120,352

Schools$304,256,216

Operations & Support$42,308,803

Operations• Transportation• Insurance• Maintenance• Utilities• IT

School Support• HR, Finance, Public Affairs,C& I Support

6

BUDGET OVERVIEWSources of Funding Flowchart

97114


Section 2Budget Resolution

Summary

7

98115

2014‐15 BUDGET RESOLUTION

8

Section 1:

5000 Instructional Services 76,626,737.00$ 6000 System Wide Support Services 48,540,162.00$ 7000 Ancillary Services 1,836,141.00$ 8000 Non-Programmed Services 16,120,352.00$ Total Current Local Expense Appropriations: 143,123,392.00$

Section 2:

County Appropriations- Current Expense 118,428,591.00$ County Appropriations- City Revenue for Holton 190,927.00$ Local Revenue- Unrestricted 1,745,000.00$ Local Revenue- Special/Restricted 6,046,411.00$ Fund Balance Appropriated 16,712,463.00$ Total Current Local Expense Revenues: 143,123,392.00$

Section 3:

5000 Instructional Services 172,224,919.87$ 6000 System Wide Support Services 21,337,005.00$ 7000 Ancillary Services 129,054.00$ Total State Public School Fund Programs: 193,690,978.87$

Section 4:

State Public School Fund Allocation 187,782,082.00$ State Unbudgeted Funds 3,728,563.00$ State Textbook Allotment 2,180,333.87$ Total State Public School Fund Revenues: 193,690,978.87$

Section 5:

5000 Instructional Services 21,899,221.09$ 6000 System Wide Support Services 2,140,366.55$ 8000 Non-Programmed Services 1,831,412.58$ Total Federal Grant Fund Appropriations: 25,871,000.22$

Section 6:

Federal Grants Fund Revenues 25,871,000.22$ Total Federal Grants Fund Revenues: 25,871,000.22$

The following amounts are hereby appropriated for the operation of the Durham Public Schools administrativeunit in the Local Current Expense Fund for the fiscal year beginning July 1, 2014 and ending June 30, 2015:

The following revenues are estimated to be available to the Local Current Expense Fund for the fiscal yearbeginning July 1, 2014 and ending June 30, 2015:

The following amounts are hereby appropriated for the operation of the Durham Public Schools administrativeunit in the State Public School Fund for the fiscal year beginning July 1, 2014 and ending June 30, 2015:

The following revenues are estimated to be available to the State Public School Fund for the fiscal yearbeginning July 1, 2014 and ending June 30, 2015:

The following amounts are hereby appropriated for the operation of the Durham Public Schools administrativeunit in Federal Grants for the fiscal year beginning July 1, 2014 and ending June 30, 2015:

The following revenues are estimated to be available to the Federal Grants Fund for the fiscal year beginningJuly 1, 2014 and ending June 30, 2015:

99116

2014‐15 BUDGET RESOLUTION (Cont.)

9

Section 7:

7000 Ancillary Services (Child Nutrition) 15,584,539.00$ 8000 Non-Programmed Charges 888,847.00$ Total Child Nutrition Fund Appropriations: 16,473,386.00$

Section 8:

State Funds 23,000.00$ Federal Funds 13,849,709.00$ Local Funds 1,875,677.00$ Fund Balance Appropriated 725,000.00$ Total Child Nutrition Revenues: 16,473,386.00$

Section 9:

5000 Instructional Services 1,774,809.22$ 6000 System Wide Support Services 103,104.77$ 7000 Ancillary Services 3,474,268.82$ 8000 Non-Programmed Services 1,225,150.49$ Total Grant Expense Appropriations: 6,577,333.30$

Section 10:

State Revenues 3,154.95$ Federal Revenues 496,925.90$ Local Revenue- Tuition and Fees 3,540,079.35$ Local Revenue- Unrestricted 55,635.49$ Local Revenue- Restricted 2,481,537.61$ Total Grant Fund Revenues: 6,577,333.30$

Section 11:

5000 Instructional Services 2,933,164.07$ 6000 System Wide Support Services 1,519,885.96$ 8000 Non-Programmed Services 895,894.26$ 9000 Capital Outlay 29,300,530.34$ Total Capital Appropriations: 34,649,474.63$

Section 12:

State Replacement School Bus 791,514.00$ County Appropriation 1,370,000.00$ State Lottery Funds 1,126,927.00$ State Bond Proceeds 898,247.87$ Local Bond Proceeds 26,800,485.16$ Miscellaneous 2,738,033.93$ Fund Balance Appropriated 924,266.67$ Total Capital Fund Revenues: 34,649,474.63$

The following revenues are estimated to be available to the Capital Outlay Fund for the fiscal year beginningJuly 1, 2014 and ending June 30, 2015:

The following amounts are hereby appropriated for the operation of the Durham Public Schools administrativeunit in the Child Nutrion Fund for the fiscal year beginning July 1, 2014 and ending June 30, 2015:

The following revenues are estimated to be available to the Child Nutrion Fund for the fiscal year beginningJuly 1, 2014 and ending June 30, 2015:

The following amounts are hereby appropriated for the operation of the Durham Public Schools administrativeunit in the Grant Fund for the fiscal year beginning July 1, 2014 and ending June 30, 2015:

The following revenues are estimated to be available to the Grant Fund forthe fiscal year beginning July 1,2014 and ending June 30, 2015:

The following amounts are hereby appropriated for the operation of the Durham Public Schools administrativeunit in the Capital Fund for the fiscal year beginning July 1, 2014 and ending June 30, 2015:

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2014‐15 BUDGET RESOLUTION

10

1. The budget for Durham Public Schools stands at approximately $ 420.4 million per Budget Resolution which is a decrease of

approximately $ 12.5 million from FY 14‐15 proposed Budget reconciled as follows:

DPS Budget per FY 14‐15 Recommended Budget 407,932,920.69

Increase / Decrease 12,452,644.33

DPS Budget per FY 14‐15 Budget Resolution 420,385,565.02

2. The following is the change in the budget by fund from FY 14‐15 Recommended Budget to FY 14‐15 Budget Resolution:

FY 2014‐15 Increase / FY 2014‐15

Recommended Budget (Decrease) Budget Resolution %

1 State 187,862,981.00 5,827,997.87 193,690,978.87 46.1%

2 Local 136,720,043.00 6,403,349.00 143,123,392.00 34.1%

3 Federal 23,905,183.85 1,965,816.37 25,871,000.22 6.2%

4 Capital Outlay 35,746,156.15 (1,096,681.52) 34,649,474.63 8.2%

5 Child Nutrition 16,473,386.00 ‐ 16,473,386.00 3.9%

6 Grant 7,225,170.69 (647,837.39) 6,577,333.30 1.6%

407,932,920.69 12,452,644.33 420,385,565.02 100.0%

3. The following is the change in the budget by expense purpose from FY 14‐15 Recommended Budget to FY 14‐15 Budget Resolution

FY 2014‐15 Increase / FY 2014‐15


5000 Instructional Services 263,297,593.54 12,161,257.71 275,458,851.25 65.5%

6000 System Wide Support Services 73,150,847.92 489,676.36 73,640,524.28 17.5%

7000 Ancillary Services 20,246,729.97 777,272.85 21,024,002.82 5.0%

8000 Non‐Programmed Services 20,574,715.66 386,940.67 20,961,656.33 5.0%

9000 Capital Outlay 30,663,033.60 (1,362,503.26) 29,300,530.34 7.0%

407,932,920.69 12,452,644.33 420,385,565.02 100.0%

4. The following is the change in the budget by expense object from FY 14‐15 Recommended Budget to FY 14‐15 Budget Resolution:

FY 2014‐15 Increase / FY 2014‐15


100 Salaries 212,221,871.72 12,427,698.12 224,649,569.84 53.4%

200 Benefits 71,888,884.27 3,253,128.96 75,142,013.23 17.9%

300 Purchased Services 45,662,807.56 (1,292,935.40) 44,369,872.16 10.6%

400 Supplies & Materials 30,085,930.07 (267,785.90) 29,818,144.17 7.1%

500 Capital Outlay 32,413,217.07 (2,127,603.45) 30,285,613.62 7.2%

700 Transfers 15,660,210.00 460,142.00 16,120,352.00 3.8%

Total 407,932,920.69 12,452,644.33 420,385,565.02 100.0%

101118

2014‐15 BUDGET RESOLUTION (Cont.)

11

5. The following is a summary of the major increases / decreases included in the budget per FY 14‐15 Budget Resolution:

Increase /

State Fund1. Increase in K‐1 Teaching Positions 18.5 1,044,584.00

2. Reduction of Teacher Assistant funding due to formula change (2,488,777.00)

3. Inclusion of longevity in salaries for positions tied to the new salary schedule 2,291,182.00

4. Additional salary and benefits based on salary schedule changes 4,981,008.87

Total 5,827,997.87

Local Fund1. One‐Time Funding of Fund Balance approved by Board of Education May 2014 for FY 2014‐15 5,242,952.00

2. Salary and benefits adjustment based on General Assembly actions 700,255.00

3. Charter School increased funding requirements 460,142.00

Total 6,403,349.00

Federal Fund

1. Anticipated increased in Title I Funding and carryover 1,873,258.92

2. New School Improvement funding 1,183,715.14

3. Reduced Federal Grant funding based on actual carryover (1,091,157.69)

Total 1,965,816.37

Capital Outlay

1. Decrease based on final expenses and realignment of the budget for FY 2014‐15 (1,096,681.52)

(1,096,681.52)

Child Nutrition

‐

Total ‐

Grants1. Decrease is based on final expenses and anticipated budgets for FY 2014‐15 (647,837.39)

Total (647,837.39)

Total Increase / (Decrease) 12,452,644.33

Passed by majority vote of the Board of Education of Durham Public Schools on this 20th day of November, 2014.

Adopted this_________________________________________________ day of _______________, 2014.

_______________________________________________________________________________________

Chairman

1. The FY 15 Budget Resolution aligns the Child

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BUDGET REVENUES BY FUND

12

46.1%

34.1%

6.2%

8.2%3.9% 1.6%

State Local Federal Capital Outlay Child Nutrition Grant

Fund Desciption Amount Percent

1 State 193,690,978.87 46.1%

2 Local 143,123,392.00 34.1%

3 Federal 25,871,000.22 6.2%

4 Capital Outlay 34,649,474.63 8.2%

5 Child Nutrition 16,473,386.00 3.9%

6 Grant 6,577,333.30 1.6%

Total Revenue 420,385,565.02 100.0%

103120

BUDGET EXPENSE BY PURPOSE

13

65.5%

17.5%

5.0%

5.0%7.0%

Instructional Services System Wide Support Services Ancillary Services

Non‐Programmed Services Capital Outlay

Purpose Expenditures Amount Percent

5000 Instructional Services 275,458,851.25 65.5%

6000 System Wide Support Services 73,640,524.28 17.5%

7000 Ancillary Services 21,024,002.82 5.0%

8000 Non‐Programmed Services 20,961,656.33 5.0%

9000 Capital Outlay 29,300,530.34 7.0%

Total Expenditures 420,385,565.02 100.0%

104121

BUDGET BY FUND AND PURPOSE ‐ SUMMARY

14

Purpose Description State Local Federal Capital Outlay Child Nutrition Grant Budget Position

Budget Dollars5000 Instructional Services 172,224,919.87 76,626,737.00 21,899,221.09 2,933,164.07 ‐ 1,774,809.22 275,458,851.25 3,792.18

6000 System Wide Support Services 21,337,005.00 48,540,162.00 2,140,366.55 1,519,885.96 ‐ 103,104.77 73,640,524.28 688.45

7000 Ancillary Services 129,054.00 1,836,141.00 ‐ ‐ 15,584,539.00 3,474,268.82 21,024,002.82 243.54

8000 Non‐Programmed Services ‐ 16,120,352.00 1,831,412.58 895,894.26 888,847.00 1,225,150.49 20,961,656.33 ‐

9000 Capital Outlay ‐ ‐ ‐ 29,300,530.34 ‐ ‐ 29,300,530.34 ‐

Total 193,690,978.87 143,123,392.00 25,871,000.22 34,649,474.63 16,473,386.00 6,577,333.30 ‐ 420,385,565.02 4,724.17

Percentage Mix5000 Instructional Services 88.92% 53.54% 84.65% 8.47% 0.00% 26.98% 65.53% 80.27%

6000 System Wide Support Services 11.02% 33.91% 8.27% 4.39% 0.00% 1.57% 17.52% 14.57%

7000 Ancillary Services 0.07% 1.28% 0.00% 0.00% 94.60% 52.82% 5.00% 5.16%

8000 Non‐Programmed Services 0.00% 11.26% 7.08% 2.59% 5.40% 18.63% 4.99% 0.00%

9000 Capital Outlay 0.00% 0.00% 0.00% 84.56% 0.00% 0.00% 6.97% 0.00%

Total 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0%

105122

BUDGET BY FUND AND PURPOSE ‐ DETAIL

15

Purpose Description State Local Federal Capital Outlay Child Nutrition Grant Budget % Position

5000‐ Instructional Services5100 Regular Instructional Services 96,370,920.87 45,678,790.00 1,424,781.10 2,933,164.07 ‐ 478,060.25 146,885,716.29 34.94% 2,111.65

5200 Special Population Instructional Services 42,962,013.00 6,533,117.00 5,520,810.60 ‐ ‐ 390,680.83 55,406,621.43 13.18% 859.16

5300 Alternative Program Instructional Services 8,785,289.00 4,442,422.00 13,624,571.12 ‐ ‐ 771,224.18 27,623,506.30 6.57% 272.68

5400 School Leadership Services 11,174,319.00 9,328,592.00 144,076.59 ‐ ‐ 500.00 20,647,487.59 4.91% 270.61

5500 Co‐Curricular Services ‐ 2,642,562.00 ‐ ‐ ‐ 13,536.27 2,656,098.27 0.63% 1.50

5800 School Based Support Services 12,932,378.00 8,001,254.00 1,184,981.68 ‐ ‐ 120,807.69 22,239,421.37 5.29% 276.59

Total Instructional Services 172,224,919.87 76,626,737.00 21,899,221.09 2,933,164.07 ‐ 1,774,809.22 275,458,851.25 65.52% 3,792.18

6000‐ System‐Wide Support Services6100 Support and Development Services 453,913.00 2,545,167.00 161,703.67 ‐ ‐ 40,654.65 3,201,438.32 0.76% 27.60

6200 Special Population Support Services 303,965.00 721,402.00 879,942.46 ‐ ‐ ‐ 1,905,309.46 0.45% 21.00

6300 Alternative Program Support Services 58,826.00 516,361.00 386,620.92 ‐ ‐ ‐ 961,807.92 0.23% 10.00

6400 Technology Support Services 5,053.00 5,161,146.00 ‐ ‐ ‐ ‐ 5,166,199.00 1.23% 32.00

6500 Operational Support Services 16,943,388.00 27,632,659.00 712,099.50 1,519,885.96 ‐ 4,335.83 46,812,368.29 11.14% 484.85

6600 Financial and Human Resources Services 1,743,795.00 5,382,621.00 ‐ ‐ ‐ ‐ 7,126,416.00 1.70% 63.00

6700 Accountability Services 136,425.00 1,337,251.00 ‐ ‐ ‐ ‐ 1,473,676.00 0.35% 11.00

6800 System‐Wide Pupil Support Services 300,899.00 1,645,053.00 ‐ ‐ ‐ 58,114.29 2,004,066.29 0.48% 15.00

6900 Leadership Services 1,390,741.00 3,598,502.00 ‐ ‐ ‐ ‐ 4,989,243.00 1.19% 24.00

Total System‐Wide Support Services 21,337,005.00 48,540,162.00 2,140,366.55 1,519,885.96 ‐ 103,104.77 73,640,524.28 17.53% 688.45

7000‐ Ancillary Services7100 Community Services 168.00 1,687,392.00 ‐ ‐ ‐ 3,465,559.67 5,153,119.67 1.23% 39.13

7200 Nutrition Services 128,886.00 148,749.00 ‐ ‐ 15,584,539.00 8,709.15 15,870,883.15 3.78% 204.41

Total Ancillary Services 129,054.00 1,836,141.00 ‐ ‐ 15,584,539.00 3,474,268.82 21,024,002.82 5.01% 243.54

8000‐ Non‐Programmed Charges8100 Payments to Other Governmental Units ‐ 16,120,352.00 862,646.48 ‐ 888,847.00 3,394.84 17,875,240.32 4.25% ‐

8200 Unbudgeted Funds ‐ ‐ 968,766.10 ‐ ‐ 1,221,755.65 2,190,521.75 0.52% ‐

8500 Contingency ‐ ‐ ‐ 895,894.26 ‐ ‐ 895,894.26 0.21% ‐

8700 Scholarships ‐ ‐ ‐ ‐ ‐ ‐ ‐ 0.00% ‐

Total Non‐Programmed Charges ‐ 16,120,352.00 1,831,412.58 895,894.26 888,847.00 1,225,150.49 20,961,656.33 4.98% ‐

9000‐ Capital Outlay9000 Capital Outlay ‐ ‐ ‐ 29,300,530.34 ‐ ‐ 29,300,530.34 6.97% ‐

Total Capital Outlay ‐ ‐ ‐ 29,300,530.34 ‐ ‐ 29,300,530.34 6.97% ‐

Total 193,690,978.87 143,123,392.00 25,871,000.22 34,649,474.63 16,473,386.00 6,577,333.30 420,385,565.02 100.0% 4,724.17

106123

BUDGET EXPENSE BY OBJECT

16

Object Expenditures Amount Percent

100 Salaries 224,649,569.84 53.4%

200 Benefits 75,142,013.23 17.9%

300 Purchased Services 44,369,872.16 10.6%

400 Supplies & Materials 29,818,144.17 7.1%

500 Capital Outlay 30,285,613.62 7.2%

700 Transfers 16,120,352.00 3.8%

Total Expenditures 420,385,565.02 100.0%

53.4%

17.9%

10.6%

7.1%

7.2%3.8%

Salaries Benefits Purchased Services Supplies & Materials Capital Outlay Transfers

107124


Section 3Average Daily Membership

17

108125

18

Durham County Student Growth

Note: 2013‐14 ADMs are reported DPS and Charter School 20 day enrollments.

2008‐2009 2009‐2010 2010‐2011 2011‐2012 2012‐2013 2013‐2014 2014‐2015

TOTAL ADM 35,441 34,977 35,091 35,708 36,581 38,080 38,987

DPS 31,050 31,250 32,000 32,369 33,072 33,296 33,750

CS 2,950 3,000 3,091 3,339 3,509 4,784 5,237

35,441 34,977 35,091 35,708 36,581

38,080 38,987

‐

5,000

10,000

15,000

20,000

25,000

30,000

35,000

40,000

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

40,000

109126

19

DPS FY 2014‐15 20‐Day EnrollmentSchool # School Name Site Code KI 1 2 3 4 5 6 7 8 9 10 11 12 Total

304 Bethesda Elementary 304 138 128 106 113 110 76 671

306 Brogden Middle 306 213 222 206 641

308 Burton Elementary 308 71 64 74 51 62 49 371

309 Early College 309 99 84 76 83 342

310 Eastway Elementary 310 120 109 117 96 70 68 580

312 CE Jordan High 312 578 479 433 364 1,854

313 Easley Elementary 313 95 103 102 103 91 77 571

314 The School for Creative Studies 314 102 105 90 88 68 453

315 Eno Valley Elementary 315 84 97 99 106 79 87 552

316 Carrington Middle 316 362 357 376 1,095

317 City of Medicine 317 79 74 79 89 321

318 Club Blvd. Elementary 318 89 91 89 85 79 70 503

319 Creekside Elementary 319 156 159 170 156 142 111 894

320 Glenn Elementary 320 107 127 119 95 118 84 650

322 Performance Learning Ctr. 322 34 84 110 28 256

323 Durham School of the Arts 323 214 214 214 275 255 248 232 1,652

324 Hillandale Elementary 324 115 128 111 125 93 98 670

325 Hillside High 325 423 316 286 296 1,321

327 Hope Valley Elementary 327 115 123 108 101 102 91 640

328 Holt Elementary 328 109 124 117 101 82 68 601

332 Forest View Elementary 332 145 130 131 103 103 99 711

336 DPS Hospital School 336 3 1 4 2 ‐ 2 4 4 7 13 6 8 5 59

338 Shepard Middle 338 176 174 175 525

339 Lakewood Elementary 339 77 86 79 76 83 60 461

340 Little River Elementary 340 46 52 69 59 59 65 350

341 Lakeview School 341 ‐ 5 16 27 26 13 3 90

342 Lakewood Middle 342 103 94 89 286

343 Lucas Middle 343 218 237 209 664

344 Fayetteville St. Elementary 344 47 51 35 45 34 34 246

346 Lowe's Grove Middle 346 236 250 223 709

347 George Watts Elementary 347 61 62 61 57 58 45 344

348 Mangum Elementary 348 46 59 64 55 60 64 348

352 Merrick Moore Elementary 352 125 117 121 127 128 87 705

353 Middle College 353 90 71 161

354 Morehead Mont. Elementary 354 42 39 38 28 34 32 213

355 Neal Middle 355 254 285 320 859

356 Northern High 356 454 344 377 280 1,455

360 Oak Grove Elementary 360 104 114 105 81 108 69 581

362 Parkwood Elementary 362 107 106 95 95 92 88 583

363 EK Powe Elementary 363 90 73 78 77 81 56 455

364 Pearsontown Year Round Elem 364 133 142 133 134 137 135 814

365 Riverside High 365 595 468 397 361 1,821

366 Githens Middle 366 318 331 364 1,013

367 RN Harris Elementary 367 75 60 65 62 71 50 383

368 Southern High 368 515 307 260 216 1,298

369 Sandy Ridge Elementary 369 95 107 106 102 104 90 604

370 Rogers‐Herr Year Round Middle 370 219 217 208 644

372 Southwest Elementary 372 123 110 121 119 84 88 645

374 CC Spaulding Elementary 374 55 55 55 36 37 35 273

376 Spring Valley Elementary 376 104 116 92 90 92 87 581

388 WG Pearson Elementary 388 104 102 89 80 79 95 549

400 YE Smith Elementary 400 84 70 63 74 58 57 406

701 Hillside New Tech 701 56 84 69 67 276

Total 2,865 2,905 2,816 2,634 2,530 2,217 2,419 2,495 2,497 3,236 2,595 2,446 2,095 33,750

110127

20

Charter Schools FY 2014‐15 20‐Day Enrollment

Durham Based Schools

Day 20

FY 14‐15

Projectd by

Charter Schools

FY 14‐15 DIFF

Carter Community 295 340 (45)

Central Park 331 340 (9)

Contemporary Science Ctr, Inc. (Research Triangle High) 116 123 (7)

Global Scholars 157 162 (5)

Healthy Start 390 390 ‐

Kestrel Heights 956 1,015 (59)

Maureen Joy 543 570 (27)

Reaching All Minds 119 115 4

Research Triangle Charter Academy 647 628 19

Institute for the Developmt of Young Leaders 128 160 (32)

Voyager 1,145 1,146 (1)

Total 4,827 4,989 (162)

Out of District SchoolsCasa Esperanza Montessori 16 16 ‐

Dynamic Community Charter School 3 5 (2)

Endeavor 8 8 ‐

Envision Science Academy 2 2 ‐

Exploris 5 3 2

Falls Lake Academy 24 27 (3)

Franklin Academy 4 5 (1)

Grandfather Academy, Inc. 1 1 ‐

Hawbridge 6 6 ‐

Hope Charter 1 1 ‐

Longleaf School of the Arts 2 2 ‐

Magellan 2 2 ‐

North Carolina Leadership Academy 0 1 (1)

Orange County Charter 33 35 (2)

PACE Charter 25 25 ‐

PreEminent Charter 1 1 ‐

Raleigh Charter High 1 1 ‐

Roxboro Community School 16 13 3

Sterling Montessori 123 120 3

The Expedition Charter School 41 50 (9)

Torchlight Academy 3 4 (1)

Triad Math and Science Academy 26 29 (3)

Triangle Charter Ed. Assoc., Inc. (Cardinal) 13 13 ‐

Vance Charter 1 1 ‐

Wake Forest Charter Academy 2 2 ‐

Willow Oak Montessori 5 5 ‐

Woods Charter 46 47 (1)

Total 410 425 (15)

Grand Totals 5,237 5,414 (177)

Initially budgeted Charter School students 5,084

Increase in Charter School Students based on 20th day numbers 153

111128


Section 4Fund Balance

21

112129

22

LOCAL FUND BALANCE FY 2013‐14

Total

1 Non‐spendable 1,412,410.00

2 Restricted 552,613.00

3 Committed 16,712,463.00

4 Assigned 3,056,908.00

5 Unassigned (Savings Account) 9,706,972.00

Total Fund Balance ‐ 31,441,366.00

1. Non‐spendable Fund Balance

Inventory 167,968.00

Prepaid Expenses 1,244,443.00

Total Non‐spendable Fund Balance 1,412,411.00

113130

23

LOCAL FUND BALANCE FY 2013‐14

2. Restricted Fund Balance

Accounts Receivable 552,613.00

Total Restricted Fund Balance 552,613.00

3. Committed Fund Balance

Teacher and Staff saving prior year positions 7,819,707.00

Teacher Assistant funding due to formula change 2,488,777.00

5,242,952.00

Requirements for additonally allotted teaching positions 700,885.00

Charter School increased funding requirements 460,142.00

Total Committed Fund Balance 16,712,463.00

4. Assignment Fund Balance

Self‐insurance 3,056,908.00

Total Assigned Fund Balance 3,056,908.00

One‐Time Funding of Fund Balance approved by Board

114131

24

COMMITTED FUND BALANCE USE FY 2014‐15Current On Going Requirements

Teacher and Staff saving of prior year positions 7,819,707$

(Teachers, Assistant Principals, Instructional Facilitators)

Teacher Assistant funding due to formula change 2,488,777

Requirements for additonally allotted teaching positions 700,885

Charter School increased funding requirements 460,142

One‐Time Funding of Fund Balance approved by Board

Board approved One‐Time Bonus 1,948,865

Read to Achieve ‐ Reading Program 530,735

Support Funds for the Arts

Secondary Band and Strings Equipment 212,000

Elementary Musiuc Equipment 31,500

Facility Maintenacne for the School 725,000

Contractual Agreements for Schools

Citizen Schools Lowe's Grove and Neal 443,000

Playworks (16 Sites) 400,000

School Technology / 1to 1 Initiatives

School for Creative Studies ‐ Mac Books 215 131,800

Carrington and Brogden Middle Laptop Carts 72,800

Summer Employment

Middle & High School Counselors/Facilitors 254,000

Areas Symposiums 160,000

Materials

mClass Reading 3D 154,865

Teaching Student Centered Math PreK ‐ 5 40,000

ELA Code X Retain Program Neal and Shepard 80,000

ASCA Manuals 1,000

EC Reading and Math Foundations 40,000

CPI DVD Educator Library 2,000

Vgo(2) Learning Robot 15,387

5,242,952

Total Committed Fund Balance 16,712,463$

115132

25

Historical Look at Unassigned Fund Balance

$0.00

$2,000,000.00

$4,000,000.00

$6,000,000.00

$8,000,000.00

$10,000,000.00

$12,000,000.00

$14,000,000.00

$16,000,000.00

$18,000,000.00

$20,000,000.00

2006‐07 2007‐08 2008‐09 2009‐10 2010‐11 2011‐12 2012‐13 2013‐14

$2,854,518 $4,125,689 $805,634 $2,812,309 $13,638,468 $9,395,228 $19,747,754 $9,706,972

0.9%

1.2%

0.2%

0.6%

2.4%

1.9%

4.4%

2.3%

116133

26

Historical Look at Unassigned Fund Balance

2006‐07 2007‐08 2008‐09 2009‐10 2010‐11 2011‐12 2012‐132013‐14Est.*

AMOUNT $2,854,518 $4,125,689 $805,634.0 $2,812,309 $13,638,46 $9,395,228 $19,747,75 $9,706,972

PERCENT 0.9% 1.2% 0.2% 0.6% 2.4% 2.0% 4.4% 2.3%

$2,854,518

$4,125,689

$805,634

$2,812,309

$13,638,468

$9,395,228

$19,747,754

$9,706,972

0%

1%

2%

3%

4%

5%

$‐

$2,000,000

$4,000,000

$6,000,000

$8,000,000

$10,000,000

$12,000,000

$14,000,000

$16,000,000

$18,000,000

$20,000,000

117134

27

CHILD NUTRITION FUND BALANCE FY 2014‐15CHILD NUTRITION FUND BALANCE FY 2013‐14

Total

1 Non‐spendable 626,489.00

2 Restricted 687,872.00

3 Committed 725,000.00

4 Assigned ‐

5 Unassigned (Savings Account) 2,549,804.00

Total Fund Balance ‐ 4,589,165.00

1. Non‐spendable Fund Balance

Inventory 540,002.00

Prepaid Expenses 86,487.00

Total Non‐spendable Fund Balance 626,489.00

2. Restricted Fund Balance

Accounts Receivable 687,872.00

Total Restricted Fund Balance 687,872.00

3. Committed Fund Balance

Equipment Replacement 725,000.00

Total Committed Fund Balance 725,000.00

4. Assignment Fund Balance

Total Assigned Fund Balance ‐

118135


Section 6Local Fund

28

119136

Local Fund Revenues

29

Purpose Revenues Amount Percent

4110 County Appropriation 118,428,591.00 82.75%

4111 City Revenue for Holton 190,927.00 0.13%

4410 Fines and Forfeitures 1,500,000.00 1.05%

4450 Interest Earned on Investments 245,000.00 0.17%

4910 Fund Balance Appropriated 16,712,463.00 11.68%

Varies Special Revenues 6,046,411.00 4.22%

Total Revenue 143,123,392.00 100.0%

82.75%

0.13%

1.05%0.17%

11.68%4.22%

County Appropriation City Revenue for Holton Fines and Forfeitures

Interest Earned on Investments Fund Balance Appropriated Special Revenues

120137

Local Special Fund Revenues

30

Purpose Revenues Amount Percent

3200 Drivers Ed Revenue 60,000.00 0.99%

3700 ROTC 150,000.00 2.48%

3700 NC Medicaid 1,650,000.00 27.29%

4210 Tuition and Fees 10,000.00 0.17%

4420 Rental of School Property 303,000.00 5.01%

4480 Warehouse Revenue 350,000.00 5.79%

4490 Misccellaneous Revenue ‐ 0.00%

4490 Teacher On Loan 402,875.00 6.66%

4880 Indirect Cost Revenue 1,500,000.00 24.81%

4890 E‐Rate Revenue 1,620,536.00 26.80%

Total Revenue 6,046,411.00 100.0%

0.99% 2.48%

27.29%

0.17%

5.01%

5.79%

0.00%

6.66%

24.81%

26.80%

Drivers Ed Revenue ROTC NC Medicaid Tuition and Fees

Rental of School Property Warehouse Revenue Misccellaneous Revenue Teacher On Loan

Indirect Cost Revenue E‐Rate Revenue

121138

Local Fund Expense by Purpose

31

Purpose Expenditures Amount Percent

5000 Instructional Services 76,626,737.00 53.5%

6000 System Wide Support Services 48,540,162.00 33.9%

7000 Ancillary Services 1,836,141.00 1.3%

8000 Non‐Programmed Services 16,120,352.00 11.3%

9000 Capital Outlay ‐ 0.0%

Total Expenditure 143,123,392.00 100.0%

53.5%

33.9%

1.3%

11.3%

Instructional Services System Wide Support Services Ancillary Services

Non‐Programmed Services Capital Outlay

122139

Local Fund Expense and Revenue

32

Purpose Description Budget Position % Budget Position % Budget Position %

5000 Instructional Services 70,043,856.00 670.55 51.23% 76,626,737.00 756.16 53.54% 6,582,881.00 85.61 9.40%

6000 System Wide Support Services 49,645,300.00 299.38 36.31% 48,540,162.00 261.86 33.91% (1,105,138.00) (37.52) ‐2.23%

7000 Ancillary Services 1,370,677.00 4.40 1.00% 1,836,141.00 4.40 1.28% 465,464.00 ‐ 33.96%

8000 Non‐Programmed Services 15,660,210.00 ‐ 11.45% 16,120,352.00 ‐ 11.26% 460,142.00 ‐ 2.94%

9000 Capital Outlay ‐ ‐ 0.00% ‐ ‐ 0.00% ‐ ‐ 0.00%

Total 136,720,043.00 974.33 100.0% 143,123,392.00 1,022.41 100.0% 6,403,349.00 48.09 4.7%

4110 County Appropriation 117,818,481.00 86.17% 118,428,591.00 82.75% 610,110.00 ‐ 0.52%

4111 City Revenue for Holton 190,927.00 0.14% 190,927.00 0.13% ‐ ‐ 0.00%

4410 Fines and Forfeitures 1,500,000.00 1.10% 1,500,000.00 1.05% ‐ ‐ 0.00%

4450 Interest Earned on Investments 255,000.00 0.19% 245,000.00 0.17% (10,000.00) ‐ ‐3.92%

4910 Fund Balance Appropriated 10,899,427.00 7.97% 16,712,463.00 11.68% 5,813,036.00 ‐ 53.33%

3200 Drivers Ed Revenue 60,000.00 0.04% 60,000.00 0.04% ‐ ‐ 0.00%

3700 ROTC 150,000.00 0.11% 150,000.00 0.10% ‐ ‐ 0.00%

3700 NC Medicaid 1,650,000.00 1.21% 1,650,000.00 1.15% ‐ ‐ 0.00%

4210 Tuition and Fees 10,000.00 0.01% 10,000.00 0.01% ‐ ‐ 0.00%

4420 Rental of School Property 303,000.00 0.22% 303,000.00 0.21% ‐ ‐ 0.00%

4480 Warehouse Revenue 350,000.00 0.26% 350,000.00 0.24% ‐ ‐ 0.00%

4490 Misccellaneous Revenue 253,208.00 0.19% ‐ 0.00% (253,208.00) ‐ ‐100.00%

4490 Teacher On Loan 280,000.00 0.20% 402,875.00 0.28% 122,875.00 ‐ 43.88%

4880 Indirect Cost Revenue 1,500,000.00 1.10% 1,500,000.00 1.05% ‐ ‐ 0.00%

4890 E‐Rate Revenue 1,500,000.00 1.10% 1,620,536.00 1.13% 120,536.00 ‐ 8.04%

Total 136,720,043.00 ‐ 100.0% 143,123,392.00 ‐ 100% 6,403,349.00 ‐ 5%

Differences

Local Fund Expenditures

Local Fund Revenues

Recommended Budget Budget Resolution

123140

Local Fund Expense by Purpose

33

Purpose Description Budget Position % Budget Position % Budget Position %

5000‐ Instructional Services5100 Regular Instructional Services 40,952,894.00 444.10 29.95% 45,678,790.00 529.10 31.92% 4,725,896.00 85.00 11.54%

5200 Special Population Instructional Services 5,111,672.00 12.21 3.74% 6,533,117.00 28.82 4.56% 1,421,445.00 16.61 27.81%

5300 Alternative Program Instructional Services 3,641,877.00 18.61 2.66% 4,442,422.00 12.61 3.10% 800,545.00 (6.00) 21.98%

5400 School Leadership Services 10,056,901.00 114.53 7.36% 9,328,592.00 95.51 6.52% (728,309.00) (19.02) ‐7.24%

5500 Co‐Curricular Services 2,596,809.00 1.00 1.90% 2,642,562.00 1.50 1.85% 45,753.00 0.50 1.76%

5800 School Based Support Services 7,683,703.00 80.10 5.62% 8,001,254.00 88.62 5.59% 317,551.00 8.52 4.13%

70,043,856.00 670.55 51.2% 76,626,737.00 756.16 53.5% 6,582,881.00 85.61 9.4%

6000‐ System‐Wide Support Services6100 Support and Development Services 2,262,033.00 20.10 1.65% 2,545,167.00 19.10 1.78% 283,134.00 (1.00) 12.52%

6200 Special Population Support Services 591,802.00 3.00 0.43% 721,402.00 6.00 0.50% 129,600.00 3.00 21.90%

6300 Alternative Program Support Services 578,611.00 6.00 0.42% 516,361.00 5.00 0.36% (62,250.00) (1.00) ‐10.76%

6400 Technology Support Services 5,256,023.00 32.00 3.84% 5,161,146.00 32.00 3.61% (94,877.00) ‐ ‐1.81%

6500 Operational Support Services 30,365,069.00 167.13 22.21% 27,632,659.00 128.45 19.31% (2,732,410.00) (38.68) ‐9.00%

6600 Financial and Human Resources Services 5,215,288.00 38.18 3.81% 5,382,621.00 37.22 3.76% 167,333.00 (0.96) 3.21%

6700 Accountabil ity Services 1,193,363.00 10.14 0.87% 1,337,251.00 11.00 0.93% 143,888.00 0.86 12.06%

6800 System‐Wide Pupil Support Services 1,424,403.00 9.80 1.04% 1,645,053.00 10.00 1.15% 220,650.00 0.20 15.49%

6900 Leadership Services 2,758,708.00 13.03 2.02% 3,598,502.00 13.09 2.51% 839,794.00 0.06 30.44%

49,645,300.00 299.38 36.3% 48,540,162.00 261.86 33.9% (1,105,138.00) (37.52) ‐2.2%

7000‐ Ancillary Services7100 Community Services 1,276,215.00 3.40 0.93% 1,687,392.00 3.40 1.18% 411,177.00 ‐ 32.22%

7200 Nutrition Services 94,462.00 1.00 0.07% 148,749.00 1.00 0.10% 54,287.00 ‐ 57.47%

1,370,677.00 4.40 1.0% 1,836,141.00 4.40 1.3% 465,464.00 ‐ 34.0%

8000‐ Non‐Programmed Charges8100 Payments to Other Governmental Units 15,660,210.00 ‐ 11.45% 16,120,352.00 ‐ 11.26% 460,142.00 ‐ 2.94%

8200 Unbudgeted Funds ‐ ‐ 0.00% ‐ ‐ 0.00% ‐ ‐ 0.00%

8500 Contingency ‐ ‐ 0.00% ‐ ‐ 0.00% ‐ ‐ 0.00%

8700 Scholarships ‐ ‐ 0.00% ‐ ‐ 0.00% ‐ ‐ 0.00%

15,660,210.00 ‐ 11.5% 16,120,352.00 ‐ 11.3% 460,142.00 ‐ 2.9%

9000‐ Capital Outlay9000 Capital Outlay ‐ ‐ 0.00% ‐ ‐ 0.00% ‐ ‐ 0.00%

‐ ‐ 0.0% ‐ ‐ 0.0% ‐ ‐ 0.0%

Total 136,720,043.00 974.33 100.0% 143,123,392.00 1,022.41 100.0% 6,403,349.00 48.09 4.7%

Recommended Budget Budget Resolution Differences

124141

Local Fund Expense by PRC

34

PRC Description Budget Position % Budget Position % Budget Position %

001 Classroom Teachers 34,565,685.00 406.30 25.28% 34,563,566.00 406.30 24.15% (2,119.00) ‐ ‐0.01%

002 Central Office Administration 5,645,187.00 40.75 4.13% 6,289,746.00 40.91 4.39% 644,559.00 0.16 11.42%

003 Non‐Instructional Support Personnel 24,496,340.00 272.83 17.92% 22,089,837.00 268.52 15.43% (2,406,503.00) (4.30) ‐9.82%

005 School Building Administration 7,232,538.00 51.40 5.29% 6,548,109.00 44.50 4.58% (684,429.00) (6.90) ‐9.46%

007 Instruction Support‐ Certified 8,252,476.00 65.60 6.04% 9,360,208.00 68.10 6.54% 1,107,732.00 2.50 13.42%

009 Non‐Contributory Employee Benefits 1,774,928.00 ‐ 1.30% 1,595,682.00 ‐ 1.11% (179,246.00) ‐ ‐10.10%

010 Dollars for Certified Personnel 342,095.00 ‐ 0.25% 340,094.00 ‐ 0.24% (2,001.00) ‐ ‐0.58%

012 Drivers Education 60,000.00 ‐ 0.04% 7,867.00 ‐ 0.01% (52,133.00) ‐ ‐86.89%

013 CTE‐ Months Of Employment 1,038,777.00 ‐ 0.76% 1,009,793.00 ‐ 0.71% (28,984.00) ‐ ‐2.79%

014 CTE‐ Program Support 1,438.00 ‐ 0.00% 5.00 ‐ 0.00% (1,433.00) ‐ ‐99.65%

015 School Technology Fund 705,684.00 ‐ 0.52% 45,044.00 ‐ 0.03% (660,640.00) ‐ ‐93.62%

016 Summer Reading Camps 21,750.00 ‐ 0.02% 530,735.00 ‐ 0.37% 508,985.00 ‐ 2340.16%

020 Foreign Exchange‐Program Enhancement 33,624.00 ‐ 0.02% 45,294.00 ‐ 0.03% 11,670.00 ‐ 34.71%

022 Mentors Program 481,070.00 6.00 0.35% 519,538.00 6.00 0.36% 38,468.00 ‐ 8.00%

024 Disadvantage Supplemental Fund 230,146.00 ‐ 0.17% 279,013.00 ‐ 0.19% 48,867.00 ‐ 21.23%

027 Teacher Assistants 1,171,283.00 37.98 0.86% 3,816,923.00 122.78 2.67% 2,645,640.00 84.80 225.88%

028 Staff Development 286,628.00 ‐ 0.21% 141,005.00 ‐ 0.10% (145,623.00) ‐ ‐50.81%

029 Behavioral Support 6.00 ‐ 0.00% 6.00 ‐ 0.00% ‐ ‐ 0.00%

032 Children With Special Needs 2,704,913.00 52.09 1.98% 2,566,898.00 18.52 1.79% (138,015.00) (33.57) ‐5.10%

034 Academically Intel lectually Gifted 406,170.00 ‐ 0.30% 410,766.00 ‐ 0.29% 4,596.00 ‐ 1.13%

035 Child Nutrition 175.00 ‐ 0.00% 175.00 ‐ 0.00% ‐ ‐ 0.00%

036 Charter Schools 15,660,210.00 ‐ 11.45% 16,120,352.00 ‐ 11.26% 460,142.00 ‐ 2.94%

042 Child and Family ‐ School Nurse 7.00 ‐ 0.00% 7.00 ‐ 0.00% ‐ ‐ 0.00%

043 Child and Family Support 7.00 ‐ 0.00% 7.00 ‐ 0.00% ‐ ‐ 0.00%

045 Top of the Scale Bonus ‐ ‐ 0.00% ‐ ‐ 0.00% ‐ ‐ 0.00%

050 ESEA Title 1‐Basic Program 83.00 ‐ 0.00% 83.00 ‐ 0.00% ‐ ‐ 0.00%

054 Limited English Proficiency 330,080.00 1.50 0.24% 274,608.00 1.50 0.19% (55,472.00) ‐ ‐16.81%

055 Learn and Earn 8,958.00 ‐ 0.01% 9,154.00 ‐ 0.01% 196.00 ‐ 2.19%

056 Transportation of Pupils 2,981,258.00 11.45 2.18% 1,942,782.00 11.15 1.36% (1,038,476.00) (0.30) ‐34.83%

060 IDEA VI‐B Handicapped 28.00 ‐ 0.00% 28.00 ‐ 0.00% ‐ ‐ 0.00%

061 Classroom Materials, Supplies and Equipments 3,474,742.00 4.00 2.54% 3,615,955.00 4.00 2.53% 141,213.00 ‐ 4.06%

066 Assistant Principal Intern 1.00 ‐ 0.00% ‐ ‐ 0.00% (1.00) ‐ ‐100.00%

067 Assistant Principal Intern Full Time 1.00 ‐ 0.00% ‐ ‐ 0.00% (1.00) ‐ ‐100.00%

068 Alternative Programs and Schools 144,972.00 1.00 0.11% 138,370.00 ‐ 0.10% (6,602.00) (1.00) ‐4.55%

069 At‐Risk Student Services 2,035,415.00 4.93 1.49% 2,195,226.00 4.93 1.53% 159,811.00 ‐ 7.85%

070 IDEA‐Early Intervening Svcs 146,024.00 2.50 0.11% 544,157.00 8.20 0.38% 398,133.00 5.70 272.65%

095 Special Dollar Allotment ‐ ‐ 0.00% ‐ ‐ 0.00% ‐ ‐ 0.00%

096 Special Position Allotment 430,036.00 7.00 0.31% 497,794.00 8.00 0.35% 67,758.00 1.00 15.76%

103 Title II‐Improving Teacher Quality 25.00 ‐ 0.00% 25.00 ‐ 0.00% ‐ ‐ 0.00%

104 Title III‐Language Acquisition 2.00 ‐ 0.00% 2.00 ‐ 0.00% ‐ ‐ 0.00%

105 Title I‐ School Improvement 3.00 ‐ 0.00% ‐ ‐ 0.00% (3.00) ‐ ‐100.00%

110 21St Century Community Learning ‐ ‐ 0.00% ‐ ‐ 0.00% ‐ ‐ 0.00%

112 Title IIB‐Math and Science Partnership ‐ ‐ 0.00% ‐ ‐ 0.00% ‐ ‐ 0.00%

117 School Improvement ‐ ‐ 0.00% ‐ ‐ 0.00% ‐ ‐ 0.00%

130 State Textbooks 223,086.00 ‐ 0.16% 215,000.00 ‐ 0.15% (8,086.00) ‐ ‐3.62%

143 ARRA‐School Improvrment 1003G ‐ ‐ 0.00% 109,280.00 ‐ 0.08% 109,280.00 ‐ 100.00%

156 ARRA‐ Race To The Top ‐ ‐ 0.00% ‐ ‐ 0.00% ‐ ‐ 0.00%

159 RTTT‐ STEM ‐ ‐ 0.00% ‐ ‐ 0.00% ‐ ‐ 0.00%

301 JROTC 504,601.00 6.00 0.37% 468,699.00 6.00 0.33% (35,902.00) ‐ ‐7.11%

306 Medicaid Direct Fees 69,900.00 ‐ 0.05% 60,900.00 ‐ 0.04% (9,000.00) ‐ ‐12.88%

461 Community Liaisons for Health ‐ ‐ 0.00% ‐ ‐ 0.00% ‐ ‐ 0.00%

537 I3‐ Project Reads Grant ‐ ‐ 0.00% ‐ ‐ 0.00% ‐ ‐ 0.00%

567 Support Our Student (SOS) 686,643.00 1.00 0.50% 922,624.00 1.00 0.64% 235,981.00 ‐ 34.37%

598 NCPreK ‐ ‐ 0.00% ‐ ‐ 0.00% ‐ ‐ 0.00%

606 Magnet Schools 1,082,527.00 2.00 0.79% 1,069,931.00 2.00 0.75% (12,596.00) ‐ ‐1.16%

650 Parking Fees 101,573.00 ‐ 0.07% 101,573.00 ‐ 0.07% ‐ ‐ 0.00%

704 Community Schools 162,586.00 ‐ 0.12% 402,702.00 ‐ 0.28% 240,116.00 ‐ 147.69%

845 One‐Time Bonus ‐ ‐ 0.00% 1,948,865.00 ‐ 1.36% 1,948,865.00 ‐ 100.00%

903 Operational Services 17,759,265.00 ‐ 12.99% 16,875,572.00 ‐ 11.79% (883,693.00) ‐ ‐4.98%

915 Technology Services 1,467,097.00 ‐ 1.07% 5,449,392.00 ‐ 3.81% 3,982,295.00 ‐ 271.44%

Total 136,720,043.00 974.33 100.0% 143,123,392.00 1,022.41 100.0% 6,403,349.00 48.09 4.7%

Differences

Local Fund Expenditures

Recommended Budget Budget Resolution

125142

Local Fund Expense by Object

35

Object Expenditures Amount Percent

100 Salaries 67,416,617.00 47.1%

200 Benefits 20,585,024.00 14.4%

300 Purchased Services 28,867,617.75 20.2%

400 Supplies & Materials 9,542,554.25 6.7%

500 Capital Outlay 591,227.00 0.4%

700 Transfers 16,120,352.00 11.3%Total Expenditures 143,123,392.00 1.00

47.1%

14.4%

20.2%

6.7%

0.4%

11.3%

Salaries Benefits Purchased Services Supplies & Materials Capital Outlay Transfers

126143


Section 13Budget Calendar

36

127144

Durham Public SchoolsFY 2014–2015 Budget Calendar

(Budget Activities During FY 2014‐15 to Prepare Budget for FY 2015‐16)

37

August Budget Amendment #3 presented for 2013‐14.

September Review and analyze 2014‐15 first month membership (20‐day ADM).

September Review 2013‐14 vendor history.

September Review current salary and non‐salary allotments.

October Review program and department budget.

NovemberBOE work session to review FY 2014‐15 Budget Resolution and appropriation of fund

balance.

November Budget Advisory Committee meeting.

January

Meet with senior staff, directors, principals advisory group and Durham

Association of Educators (DAE) representative to review budget process and begin

planning for FY 2015‐16. These meetings will be continuous throughout the process.

January Student projections by schools finalized so that staffing allocations can be

projected.

January Budget Advisory Committee Meeting.

February Budget Amendment #1 for 2014‐15 presented and projections of current budget

balances.

February BOE work session to review salary and non‐salary allotments.

February Budget Advisory Committee Meeting.

February Solicit additional feedback and suggestions from schools and departments on any

proposed increases/reductions.

March Develop Proposed Budget FY 2015‐16 and present draft of budget.

March Planning allotments for staffing and non‐salary will be provided to schools.

March Budget Amendment #2 for 2014‐15 presented and projections of current budget

balances.

April Staff will review and prepare related board materials.

April Budget Advisory Committee Meeting.

April BOE work session to present Proposed Budget FY 2015‐16.

May Public Hearing and BOE Budget Work Session.

May Special Called Meeting to adopt the Proposed Budget for FY 2015‐16.

May Board of Education’s Budget due to Commissioners per General Statute. by May

15.

Late May/Early June Joint meeting with Commissioners. Date TBD.

June Interim Budget Resolution presented for FY 2015‐16 Budget.

December BOE work session to review 2013‐14 Comprehensive Annual Financial Report and

set Budget Priorities and Guiding Principles for 2015‐16 Budget.

February Senior Staff, Directors, Coordinators, Principal’s Advisory Group, and DAE provide

their budget recommendations.

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Questions

38

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