agenda bay district school board meeting july 30, …
TRANSCRIPT
AGENDA BAY DISTRICT SCHOOL BOARD MEETING
July 30, 2019
BOARD MEETING – 5:00 P.M. – BOARD ROOM
PUBLIC HEARING – 5:30 P.M.
EXECUTIVE SESSION – COLLECTIVE BARGAINING (Immediately following School Board Meeting)
==================================================================
REVISION #1 Call to Order – Steve Moss, Chairman Invocation – William V. Husfelt, III, Superintendent Pledge of Allegiance – Sharon Michalik, Director of Communications I. APPROVAL OF AGENDA II. APPROVAL OF MINUTES – July 16, 2019 School Board Meeting, July 24, 2019 Special School Board Meeting III. RECOGNITIONS/RESOLUTIONS/PRESENTATIONS A. Commissioner’s Business Award
IV. HEARING FROM THE PUBLIC V. LEARNING COMMUNITY NEWS
A. Board Members & Superintendent B. District Staff
VI. ADMINISTRATIVE RECOMMENDATIONS A. Director of Recovery and FEMA Liaison – Page 1 VII. CONSENT AGENDA
A. Superintendent 1. Approval of Bay Education Foundation Board Member – Page 3
A.B. Deputy Superintendent
1. Request Approval of Additional Unit Allocation for Rosenwald High School – 1 ELL Unit – Project #0010 – Page 5
2. Request Approval of Revision to 2019-2020 Staffing Formula – Page 6
B.C. Assistant Superintendent for Teaching and Learning Services
1. Contracts/ MOUs/ Agreements
2.1. Grants for 2019-2020 – Page 8
C.D. Business Support Services
1. Cash Change Funds Food Service 2019-2020 – Page 10
2. Interim/ Final Payment – Page 12 3. Purchasing and Contracting – Page 13
D.E. Human Resources & Employee Support Services
1. Request to Approve Personnel Recommendations/ Out of Field Teachers – Page 15
E.F. Operational Support Services
1. Mosley High and Rutherford High Tennis Court Resurfacing Project - Page 23 2. Prequalification of Contractors – Page 30
VIII. ACTION ITEMS A. School Board Members and Attorney 1. Interlocal Agreement for Emergency Shelters in Bay County 2019 - Page 32
B. Operational Support Services
1. Start & End Times Schedule 2019-20 – Page 43 2. Head Start Patterson MOU – Page 45
IX. PUBLIC HEARING – 5:30 P.M. A. Bay District School Board Policy 1. 2.129 – Private Providers of Student Services – Page 61 2. 2.130 – Standards of Delivery of Services by Outside Providers – Page 62 3. 7.209 – Student Uniforms and Grooming – Page 64 4. 7.2095 – Temporary Dress Code – Page 67 X. INFORMATIONAL ITEMS (No action required) XI.X. EXECUTIVE SESSION – COLLECTIVE BARGAINING
(Immediately following School Board Meeting)
July 30, 2019 M E M O R A N D U M TO: School Board Members FROM: William V. Husfelt III, Superintendent AGENDA ITEM: Request to Approve Administrative Recommendations CONSENT OR ACTION (Please circle one) BUDGET AMOUNT: IN CURRENT BUDGET OR UNAPPROPRIATED FUND BALANCE (Please circle one) IF BUDGETED, GIVE BUDGET ACCOUNT NUMBERS: Fund Function Object Cost Center Project Program SUPERINTENDENT'S RECOMMENDATION: Approval: _______ Disapproval: _______ Discussion: _______ _______________________________ Superintendent
WILLIAM V. HUSFELT III
SUPERINTENDENT
1311 Balboa Avenue
Panama City, Florida
32401
(850) 767-4100
Hearing Impaired Access
(800) 955-8770 Voice
(800) 955-8771 TDD
www.bay.k12.fl.us
Board Members:
Jerry Register
District 1
Ginger Littleton
District 2
Pamm Chapman
District 3
Ryan Neves
District 4
Steve Moss
District 5
Board Action
1
ADMINISTRATIVE MEMORANDUM
To: Bay District School Board From: Shirley Baker Executive Director, Human Resources and Employee Support Services Date: July 25, 2019 Re: Administrative Recommendation Director of Recovery and FEMA Liaison At the July 30, 2019 School Board meeting, the Superintendent will recommend Russell Brock as the Director of Recovery and FEMA Liaison for Bay District Schools. The effective start date of this position is July 31, 2019. Mr. Brock was the sole applicant for this position. Per Bay District School Board Policy, with less than five qualified applicants, the Superintendent elected to interview Mr. Brock on July 25, 2019.
WILLIAM V. HUSFELT, III
SUPERINTENDENT
1311 Balboa Avenue
Panama City, Florida
32401
(850) 872-4100
Hearing Impaired Access
(800) 955-8770 Voice
(800) 955-8771 TDD
www.bay.k12.fl.us
Board Members:
Jerry Register
District 1
Ginger Littleton
District 2
Pamm Chapman
District 3
Ryan Neves
District 4
Steve Moss
District 5
2
July 30, 2019 M E M O R A N D U M TO: Bay District School Board Members FROM: William V. Husfelt III, Superintendent AGENDA ITEM: Request Approval of Bay Education Foundation Board Member CONSENT OR ACTION (Please circle one) BUDGET AMOUNT: IN CURRENT BUDGET OR UNAPPROPRIATED FUND BALANCE (Please circle one) IF BUDGETED, GIVE BUDGET ACCOUNT NUMBERS: Fund Function Object Cost Center Project Program SUPERINTENDENT'S RECOMMENDATION: Approval: _______ Disapproval: _______ Discussion: _______ _______________________________ Superintendent
WILLIAM V. HUSFELT III
SUPERINTENDENT
1311 Balboa Avenue
Panama City, Florida
32401
(850) 872-4100
Hearing Impaired Access
(800) 955-8770 Voice
(800) 955-8771 TDD
www.bay.k12.fl.us
Board Members:
Jerry Register
District 1
Ginger Littleton
District 2
Pamm Chapman
District 3
Ryan Neves
District 4
Steve Moss
District 5
Board Action
3
MEMORANDUM
To: Bay District School Board Members From: William V. Husfelt, III Date: July 30, 2019 Re: Bay Education Foundation Board I would like to request approval of the following individual to serve on the Bay Education Foundation Board: Jessica Foster, News Anchor, WJHG Thank you for your consideration.
WILLIAM V. HUSFELT, III
SUPERINTENDENT
1311 Balboa Avenue
Panama City, Florida
32401
(850) 872-4100
Hearing Impaired Access
(800) 955-8770 Voice
(800) 955-8771 TDD
www.bay.k12.fl.us
Board Members:
Jerry Register
District 1
Ginger Littleton
District 2
Pamm Chapman
District 3
Ryan Neves
District 4
Steve Moss
District 5
4
5
6
7
July 30, 2019 M E M O R A N D U M TO: William V. Husfelt III, Superintendent FROM: Denise Kelley, Assistant Superintendent Division of Teaching & Learning Services AGENDA ITEM: Grants for 2019-2020 CONSENT OR ACTION (Please circle one) BUDGET AMOUNT: IN CURRENT BUDGET OR UNAPPROPRIATED FUND BALANCE (Please circle one) IF BUDGETED, GIVE BUDGET ACCOUNT NUMBERS: Fund Function Object Cost Center Project Program SUPERINTENDENT'S RECOMMENDATION: Approval: _______ Disapproval: _______ Discussion: _______ _______________________________ Superintendent
WILLIAM V. HUSFELT, III
SUPERINTENDENT
1311 Balboa Avenue
Panama City, Florida
32401
(850) 872-4100
Hearing Impaired Access
(800) 955-8770 Voice
(800) 955-8771 TDD
www.bay.k12.fl.us
Board Members:
Jerry Register
District 1
Ginger Littleton
District 2
Pamm Chapman
District 3
Ryan Neves
District 4
Steve Moss
District 5
Board Action
8
GRANT REQUESTS FOR BOARD APPROVAL July 30, 2019 1. Title IV, Part A: Student Support and Academic Achievement (SSAE) This project is a continuation of the annual federal Title IV Part A entitlement funding. The purpose of Student Supports and Academic Enrichment is to improve student academic achievement by increasing the capacity of state and local educational agencies in the following areas by:
● providing all students with access to a well-rounded education, ● improving school conditions for student learning to support safe and healthy
students, and ● improving the use of technology in order to advance digital literacy of all
students.
The amount of the award is $529,203.59 2. Unified School Improvement Grant (UniSIG)
This grant will be utilized to serve students attending Title l schools identified with a 2019 school grade of “D” or “F”, and students attending any public high school, regardless of Title l status, that has a four-year adjusted cohort graduation rate of 67 percent or less based on the most recently released data.
The amount of the award is $425,837.50
9
July 30, 2019 M E M O R A N D U M TO: William V. Husfelt III, Superintendent FROM: Jim Loyed, Executive Director of Business Support Services AGENDA ITEM: Cash Change Funds Food Service 2019-2020 CONSENT OR ACTION (Please circle one) BUDGET AMOUNT: IN CURRENT BUDGET OR UNAPPROPRIATED FUND BALANCE (Please circle one) IF BUDGETED, GIVE BUDGET ACCOUNT NUMBERS: Fund Function Object Cost Center Project Program SUPERINTENDENT'S RECOMMENDATION: Approval: _______ Disapproval: _______ Discussion: _______ _______________________________ Superintendent
WILLIAM V. HUSFELT III
SUPERINTENDENT
1311 Balboa Avenue
Panama City, Florida
32401
(850) 767-4100
Hearing Impaired Access
(800) 955-8770 Voice
(800) 955-8771 TDD
www.bay.k12.fl.us
Board Members:
Jerry Register
District 1
Ginger Littleton
District 2
Pamm Chapman
District 3
Ryan Neves
District 4
Steve Moss
District 5
Board Action
10
11
July 30, 2019 M E M O R A N D U M TO: William V. Husfelt III, Superintendent FROM: Jim Loyed, Executive Director of Business Support Services AGENDA ITEM: Interim/Final Payment CONSENT OR ACTION (Please circle one) BUDGET AMOUNT: IN CURRENT BUDGET OR UNAPPROPRIATED FUND BALANCE (Please circle one) IF BUDGETED, GIVE BUDGET ACCOUNT NUMBERS: Fund Function Object Cost Center Project Program SUPERINTENDENT'S RECOMMENDATION: Approval: _______ Disapproval: _______ Discussion: _______ _______________________________ Superintendent
WILLIAM V. HUSFELT III
SUPERINTENDENT
1311 Balboa Avenue
Panama City, Florida
32401
(850) 767-4100
Hearing Impaired Access
(800) 955-8770 Voice
(800) 955-8771 TDD
www.bay.k12.fl.us
Board Members:
Jerry Register
District 1
Ginger Littleton
District 2
Pamm Chapman
District 3
Ryan Neves
District 4
Steve Moss
District 5
Board Action
12
MemorandumBusiness & Finance Services
William V. Husfelt, III, Superintendent - Jim Loyed, Executive Director Business Support Services
TO:
FROM:
William V. Husfelt, 111
Bay District School Board
Jim Loyed, Executive Director Business Support Services
DATE: July 30, 2019
RE: Interim/ Final Payment to Remediation Contractors
Board Members,
We are seeking Board approval to make an interim payment to Southern Cat and final payment to BMSCAT. These are the companies that worked with our facilities department to get our schools back onlineand ready for students. I have also included a brief summary of available funds and how we haveallocated those funds at this point.
Major Remediation Vendors
Previous Recommended Total Negotiated Recommended
Total Interim Payment Interim Payment interim Payment Discount Final Payment %
BMSCAT 12,101,870.46 7,627,650.73 7,627,650.73 (1,200,000.00) 3,274,219.73 90.08%
Cotton 9,694,126.64 6,289,979.23 - 6,289,979.23 64.88%
Northstar 16,740,849.55 10,923,539.21 - 10,923,539.21 65.25%
Sen/pro 6,586,836.01 4,284,508.66 - 4,284,508.66 65.05%
Southern Cat 7,734,711.08 1,500,000.00 1,500,000.00 3,000,000,00 38.79%
GAC 3,275,417.06 3,275,417.06 3,275,417.06 100.00%
Total 56,133,810.80 33,901,094.89 1,500,000.00 35,401,094,89 (1,200,000.00) 3,274,219.73 63.07%
TotaJ Hurricane Michael Recovery Resources and Uses
Budget Actual
Revenue;
Insurance Proceeds $ 100,000,000.00 S 100,000,000.00
LCI Redirected S 5,866.562.35 s 5,866,562.35
Half Cent Redirected $ 9,885,673-83 S 9,885,673.88
FEMA Reimbursements $ 23,230.073.70 S 23,230,073.70
Transfers from Fund Balance $ 1,370,888.32 5 1,370,888.32
Total Funding $ 140,353.198.25 $ 140,353,198.25
Appropriations: Budget Encumbered Expended Available
Administration S 1.212,562.95 $ 129,088.53 $ 1,083,474.42
Oaycare 9 620,768.78 $ 423,211.63 5 197,557.15
Contents S 111,130.18 S 111,130.18 5 -
Mental Health $ 22,535.87 $ 22,027.89 $ 507.98
Permanent Repairs s 4,5,833,820.23 S 27,185,088.89 $ 18,658,106.68 S (9,375.34)
Remediation/Clean Up $ 56,133,810.80 $ 4,778.70 $ 33,879,147.66 $ 22,249,884.44
Safety & Security s 244.503.03 S 7,533.50 $ 240,042.80 S (3,073.27)
Sheltering s 169,488.19 $ 232,278.74 S (62,790.55)
Technical s X89.796.90 S 189,796.90 $-
Temporary Facilities $ 11,148,978.98 $ 2,343,525.76 S 6,133,452.22 $ 2,672,001.00
Transportation s 12,917.39 S 10,114.96 $ 2,S02.43
Vehicles s 4,034.00 S 4,034.00 $ -
Undesignated $ 24,648,850.95 $ 24,648,850.95
Total Commitments $ 140,353,198.25 $ 29,540,926.85 $ 60,032,432.19 $ 50,779,839.21
July 30, 2019 M E M O R A N D U M TO: William V. Husfelt III, Superintendent FROM: Jim Loyed, Executive Director of Business Support Services AGENDA ITEM: Purchasing and Contracting CONSENT OR ACTION (Please circle one) BUDGET AMOUNT: IN CURRENT BUDGET OR UNAPPROPRIATED FUND BALANCE (Please see attached back-up indicating appropriate budget strip) IF BUDGETED, GIVE BUDGET ACCOUNT NUMBERS: Fund Function Object Cost Center Project Program SUPERINTENDENT'S RECOMMENDATION: Approval: _______ Disapproval: _______ Discussion: _______ _______________________________ Superintendent
WILLIAM V. HUSFELT III
SUPERINTENDENT
1311 Balboa Avenue
Panama City, Florida
32401
(850) 767-4100
Hearing Impaired Access
(800) 955-8770 Voice
(800) 955-8771 TDD
www.bay.k12.fl.us
Board Members:
Jerry Register
District 1
Ginger Littleton
District 2
Pamm Chapman
District 3
Ryan Neves
District 4
Steve Moss
District 5
Board Action
13
M E M O R A N D U M Business & Finance Services
William V. Husfelt III, Superintendent - Jim Loyed, Chief Financial Officer TO: Superintendent William Husfelt; Jim Loyed, Chief Financial Officer; and
School Board Members FROM: Dan Fuller, General Manager of Purchasing, Contracting & Materials
Management DATE: July 30, 2019 RE: Purchasing and Contracting Recommendations FOCUS SCHOOL STUDENT INFORMATION SYSTEM MAINTENANCE & HOSTING SERVICE. In 2010, the Board approved the use of Focus School Software FOCUS Student Information System (SIS) product for the district student system of record. In 2015, the Board approved a renewal. This is a request from MIS to approve the purchase of annual maintenance and hosting service. SBE 6A 1.012(14) waives the requirement to solicit three bids and allows school districts to negotiate directly with the vendor or supplier for the purchase of IT resources. Funding for this requirement is Funding 110-5100-319-9100-2993 and dependent on Survey 3 Student counts. YEAR 1-5 SUPPORT AND MAINTENANCE FEE PER YEAR: July 2018 $3.40 per student + $1.00 hosting. Total cost @ 24,106 $81,961.40 July 2019 $3.57 per student + $1.00 hosting. Total cost @ 24,106 $86,059.42 July 2020 $3.74 per student + $1.00 hosting. Total cost @ 26,000 est. $97,241.00 July 2021 $3.93 per student + $1.00 hosting. Total cost @ 27,500 est. $108,076.00 July 2022 $4.14 per student + $1.00 hosting. Total cost @ 28,500 est. $117,991.00 (Hosting is an additional $1.00 per student per year.)
Service Rates (To be purchased as needed) Service Daily RateProject Management $1,800.00
Training $1,250.00
Data Migration & Cleansing $1,200.00
Integrations & Custom Programming $1,800.00
14
July 30, 2019 M E M O R A N D U M TO: William V. Husfelt III, Superintendent FROM: Shirley Baker, Executive Director Human Resources & Employee Support Services AGENDA ITEM: Request to Approve Personnel Recommendations/Out of Field Teachers CONSENT OR ACTION (Please circle one) BUDGET AMOUNT: IN CURRENT BUDGET OR UNAPPROPRIATED FUND BALANCE (Please circle one) IF BUDGETED, GIVE BUDGET ACCOUNT NUMBERS: Fund Function Object Cost Center Project Program SUPERINTENDENT'S RECOMMENDATION: Approval: _______ Disapproval: _______ Discussion: _______ _______________________________ Superintendent
WILLIAM V. HUSFELT III
SUPERINTENDENT
1311 Balboa Avenue
Panama City, Florida
32401
(850) 767-4100
Hearing Impaired Access
(800) 955-8770 Voice
(800) 955-8771 TDD
www.bay.k12.fl.us
Board Members:
Jerry Register
District 1
Ginger Littleton
District 2
Pamm Chapman
District 3
Ryan Neves
District 4
Steve Moss
District 5
Board Action
15
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man
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2019
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07-1
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2019
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2019
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phan
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2019
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2019
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2019
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REQ
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Stri
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my
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17
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07-2
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07-2
4-20
19
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SE
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2019
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n, J
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tant
Adm
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2019
Ran
dall,
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logy
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lyB
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nal
X08
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2019
05-2
7-20
20H
ill, K
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arap
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nal
X08
-12-
2019
05-2
7-20
20R
oche
fort,
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anda
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ar G
rove
Beh
avio
r Par
apro
fess
iona
lX
08-1
2-20
1905
-27-
2020
Jone
s, L
aToy
aC
alla
way
Beh
avio
r Par
apro
fess
iona
lX
08-1
2-20
1905
-27-
2020
Tayl
or, S
teph
anie
Cal
law
ayP
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rofe
ssio
nal
X08
-12-
2019
05-2
7-20
20P
aul,
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aC
herr
y S
treet
Par
apro
fess
iona
lX
08-1
2-20
1905
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2020
Mar
ti-O
rtiz,
Ros
eLu
cille
Moo
reP
arap
rofe
ssio
nal
X08
-12-
2019
05-2
7-20
20M
cLen
don,
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umLu
cille
Moo
reP
arap
rofe
ssio
nal
X08
-12-
2019
05-2
7-20
20A
dam
s, J
eann
ieH
iland
Par
kP
arap
rofe
ssio
nal
X08
-12-
2019
05-2
7-20
20A
ddis
on, B
rend
aH
iland
Par
kP
arap
rofe
ssio
nal
X08
-12-
2019
05-2
7-20
20S
harb
y, J
enni
fer
Hila
nd P
ark
Beh
avio
r Par
apro
fess
iona
lX
08-1
2-20
1905
-27-
2020
Kin
g, D
ebor
ahJi
nks
Par
apro
fess
iona
lX
08-1
2-20
1905
-27-
2020
Odo
m, A
man
daJi
nks
Par
apro
fess
iona
lX
08-1
2-20
1905
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2020
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an, C
hris
taJi
nks
Cle
rk I/
Par
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08-1
2-20
1905
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2020
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ckla
nd, D
anie
lleJi
nks
Cle
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X08
-12-
2019
05-2
7-20
20Th
omps
on, S
ara
Lynn
Hav
enP
arap
rofe
ssio
nal
X08
-12-
2019
05-2
7-20
20W
illia
ms,
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endo
lyn
Lynn
Hav
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aid
X08
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2019
05-2
7-20
20D
ohen
y, S
aman
tha
Sur
fsid
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arap
rofe
ssio
nal
X08
-12-
2019
05-2
7-20
20K
irby,
Mel
issa
Sur
fsid
eP
arap
rofe
ssio
nal
X08
-12-
2019
05-2
7-20
19K
oest
ner,
Reb
ecca
Par
ker
Par
apro
fess
iona
lX
08-1
2-20
1905
-27-
2020
Sel
lers
, She
rry
Par
ker
Par
apro
fess
iona
lX
08-1
2-20
1905
-27-
2020
McC
orm
ick,
Mar
tha
Sou
thpo
rtM
aid
X08
-12-
2019
05-2
7-20
20M
itche
ll, A
leci
aW
alle
rC
lerk
IIX
08-1
2-20
1905
-27-
2020
Wes
ter,
Car
laW
alle
rP
arap
rofe
ssio
nal
X08
-12-
2019
05-2
7-20
20C
ollie
r, C
harit
aM
.K. L
ewis
Par
ent L
iais
onX
08-1
2-20
1905
-27-
2020
Ric
hard
son,
Kar
enM
.K. L
ewis
Par
apro
fess
iona
lX
08-1
2-20
1905
-27-
2020
Wol
f, Je
nnife
rM
.K. L
ewis
Par
apro
fess
iona
lX
08-1
2-20
1905
-27-
2020
Abl
es, R
egon
ald
Mos
ley
Cus
todi
an II
X08
-12-
2019
05-2
7-20
20C
aldw
ell,
Leod
isM
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yC
usto
dian
IIX
08-1
2-20
1905
-27-
2020
Dup
ree,
Chi
quill
aTo
mm
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mith
Cus
todi
an II
IX
08-1
2-20
1905
-27-
2020
Hal
l, S
onjia
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my
Sm
ithP
arap
rofe
ssio
nal
X08
-12-
2019
05-2
7-20
20
19
REQ
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T TO
EN
TER
INTO
AN
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PPO
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sey,
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X08
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2019
05-2
7-20
20P
once
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nice
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my
Sm
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nal
X08
-12-
2019
05-2
7-20
20P
ower
s, J
amie
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my
Sm
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Cle
rk I
X08
-12-
2019
05-2
7-20
20P
ullu
m, O
ctav
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mm
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mith
Cus
toda
in II
IX
08-1
2-20
1905
-27-
2020
Sm
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Jud
yTo
mm
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mith
Par
apro
fess
iona
lX
08-1
2-20
1905
-27-
2020
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igno
li, P
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Hor
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sP
arap
rofe
ssio
nal
X08
-12-
2019
05-2
7-20
20B
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aB
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arap
rofe
ssio
nal
X08
-12-
2019
05-2
7-20
20W
oods
, Lau
ren
Boz
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Par
apro
fess
iona
lX
08-1
2-20
1905
-27-
2020
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z, S
onia
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akfa
st P
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Cus
todi
an II
IX
07-1
5-20
1908
-12-
2020
Ogh
ogom
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ames
Ros
enw
ald
Par
apro
fess
iona
lX
08-1
2-20
1905
-27-
2020
Sut
ton,
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tha
Ros
enw
ald
Par
apro
fess
iona
lX
08-1
2-20
1905
-27-
2020
Edw
ards
, Car
laS
tude
nt S
ervi
ces
Inst
ruct
iona
l Spe
cial
ist A
ssis
tant
X07
-23-
2019
06-3
0-20
20C
audi
ll, D
ebra
Tran
spor
tatio
nC
ondi
tiona
l Sub
Bus
Driv
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07-1
7-20
1907
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2019
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dill,
Deb
raTr
ansp
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tion
Bus
Driv
erX
08-1
2-20
1905
-27-
2020
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ser,
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anne
Tran
spor
tatio
nC
ondi
tiona
l Sub
Bus
Driv
erX
07-2
2-20
1907
-25-
2019
Sas
ser,
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anne
Tran
spor
tatio
nB
us D
river
X08
-12-
2019
05-2
7-20
20E
dens
trom
, Joh
nM
aint
enan
ceS
emi-S
kille
d C
rafts
man
X07
-22-
2019
06-3
0-20
20W
eher
ley,
Mar
kM
aint
enan
ceLo
cksm
ith H
elpe
rX
07-1
8-20
1906
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2020
REQ
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T FO
R R
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MEN
T
Wel
ch, B
arba
raH
iland
Par
kFr
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Cle
rk I
To
: M
edia
Par
apro
fess
iona
lX
08-1
2-20
1905
-27-
2020
REQ
UES
T FO
R T
RA
NSF
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Nee
ls, R
ache
lFr
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Han
ey
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Man
ager
To: M
S A
dmin
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reta
ryX
07-2
9-20
1906
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2020
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ds, D
enin
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esou
rces
To
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ay B
ase
From
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ght D
uty/
Sup
port
To:
Act
ivity
Lea
der
X07
-15-
2019
06-3
0-20
20
RES
IGN
ATI
ON
Don
ovan
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yB
each
Par
apro
fess
iona
lX
07-1
6-20
19H
ollo
way
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ghB
each
Par
apro
fess
iona
lX
07-2
2-20
19D
urga
n, J
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ar G
rove
Par
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fess
iona
lX
07-1
5-20
19
20
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ATI
ON
CO
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.
NA
ME
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RA
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ATE
END
DA
TE
Woo
d, E
mily
Ced
ar G
rove
Par
apro
fess
iona
lX
07-1
0-20
19Jo
nes,
LaT
oya
Eve
ritt
Par
apro
fess
iona
lX
06-2
5-20
19D
awso
n, T
ravi
sH
iland
Par
kM
aid
X07
-18-
2019
Sha
rby,
Jen
nife
rH
iland
Par
kP
arap
rofe
ssio
nal
X07
-09-
2019
Mill
er, S
teph
enP
arke
rP
arap
rofe
ssio
nal
X07
-15-
2019
Con
ley,
Jen
nife
rS
outh
port
Cle
rk II
X07
-15-
2019
Hag
en, A
my
Sou
thpo
rtP
arap
rofe
ssio
nal
X07
-23-
2019
Wal
den
Brid
gette
Sou
thpo
rtC
lerk
II /
Par
ent L
iais
onX
07-1
5-20
19V
arne
r, K
aytly
nM
.K. L
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Par
apro
fess
iona
lX
05-3
1-20
19S
helto
n, S
usan
Mow
atP
arap
rofe
ssio
nal
X07
-22-
2019
Jeffe
rson
, Con
nie
Rut
herfo
rdP
arap
rofe
ssio
nal
X07
-22-
2019
Furta
w, E
mily
Dee
r Poi
ntC
lerk
IX
07-1
1-20
19M
cNee
se, R
ebec
caD
eer P
oint
Par
apro
fess
iona
lX
07-1
6-20
19M
illic
an, A
lice
Dee
r Poi
ntP
arap
rofe
ssio
nal
X07
-17-
2019
Wal
ker,
Reb
ecca
Dee
r Poi
ntP
arap
rofe
ssio
nal
X05
-31-
2019
Bur
rier,
Rut
hN
orth
side
Par
apro
fess
iona
lX
08-1
6-20
19D
affin
, Shi
rley
Nor
thsi
deP
arap
rofe
ssio
nal
X05
-31-
2019
Rod
rigue
z, N
ohor
aN
orth
side
Par
apro
fess
iona
lX
05-3
1-20
19B
enne
tt, L
a'W
and
Han
eyM
aid
X07
-11-
2019
Hug
hes,
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ela
Mos
ley
Par
apro
fess
iona
lX
07-1
5-20
19O
gles
by, D
ebra
Mos
ley
Cle
rk II
X07
-15-
2019
Ken
niso
n, B
riann
aTy
ndal
lP
arap
rofe
ssio
nal
X07
-12-
2019
Pow
ers,
Jam
ieTo
mm
y S
mith
Cle
rk II
IX
06-2
4-20
19R
osig
noli,
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laN
ew H
oriz
ons
Par
apro
fess
iona
lX
07-2
3-20
19S
teve
nson
, Den
nis
New
Hor
izon
sP
arap
rofe
ssio
nal
X07
-23-
2019
Sha
han,
Nan
cyB
reak
fast
Poi
ntP
arap
rofe
ssio
nal
X07
-18-
2019
Turn
er, C
hris
toph
erB
reak
fast
Poi
ntP
arap
rofe
ssio
nal
X07
-17-
2019
Edw
ards
, Car
laS
tude
nt S
ervi
ces
Cle
rk I
X07
-22-
2019
Bur
pee,
Leo
Tran
spor
tatio
nB
us D
river
X07
-22-
2019
Gin
ter,
Jess
ica
Tran
spor
tatio
nB
us D
river
X07
-22-
2019
McC
orm
ick,
Tam
iTr
ansp
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tion
Bus
Driv
erX
07-2
2-20
19R
obbi
ns, J
ody
Tran
spor
tatio
nB
us D
river
X07
-15-
2019
Sto
ne,B
ever
lyTr
ansp
orta
tion
Bus
Par
apro
fess
iona
lX
07-1
8-20
19K
line,
Kev
inM
aint
enan
ceP
lum
ber H
elpe
rX
07-2
4-20
19
21
DR
OP
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ON
NA
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ME
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ME
TEM
PB
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END
DA
TE
Riv
ers,
Jac
quel
ynn
Par
ker
Ele
m. S
choo
l Adm
in. S
ecre
tary
X10
-31-
2019
REQ
UES
T TO
EN
TER
DR
OP
RET
IREM
ENT
Rud
d, J
anic
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Rec
ords
Cle
rk II
X10
-01-
2019
09-3
0-20
24B
urke
tt, L
isa
Tran
spor
tatio
nB
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river
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-01-
2019
08-3
1-20
24
RET
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ris, C
indy
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IX
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22
23
24
25
26
27
28
29
30
31
July 30, 2019 M E M O R A N D U M TO: William V. Husfelt III, Superintendent FROM: Franklin Harrison, School Board Attorney AGENDA ITEM: Interlocal Agreement for Emergency Shelters in Bay County 2019 CONSENT OR ACTION (Please circle one) BUDGET AMOUNT: IN CURRENT BUDGET OR UNAPPROPRIATED FUND BALANCE (Please circle one) IF BUDGETED, GIVE BUDGET ACCOUNT NUMBERS: Fund Function Object Cost Center Project Program SUPERINTENDENT'S RECOMMENDATION: Approval: _______ Disapproval: _______ Discussion: _______ _______________________________ Superintendent
WILLIAM V. HUSFELT III
SUPERINTENDENT
1311 Balboa Avenue
Panama City, Florida
32401
(850) 767-4100
Hearing Impaired Access
(800) 955-8770 Voice
(800) 955-8771 TDD
www.bay.k12.fl.us
Board Members:
Jerry Register
District 1
Ginger Littleton
District 2
Pamm Chapman
District 3
Ryan Neves
District 4
Steve Moss
District 5
Board Action
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1
INTERLOCAL AGREEMENT FOR
EMERGENCY SHELTERS IN BAY COUNTY
THIS AGREEMENT made this _____ day of_______________, 2019, (“Effective Date”) by and between the Bay County Board of County Commissioners, a political subdivision of the State of Florida, hereinafter referred to as the “County” and the School Board of Bay County, Florida, a public agency of the State of Florida, hereinafter referred to as the “School Board.”
WHEREAS, the County and the School Board recognize their mutual obligations and responsibility for the sheltering of the citizens of Bay County during a state of declared local emergency; and
WHEREAS, it is mutually beneficial for the County and School Board to support efforts that facilitate communication and coordination; and
WHEREAS, the County and the School Board recognize the mutual benefits which will arise from the School Board providing facilities and staff to assist the County during a state of declared local emergency; and
WHEREAS, Section 252.38(1)(d), Florida Statutes, provides for the use of School Board facilities and necessary personnel to staff such facilities during declared emergencies; and
WHEREAS, Section 1013.372, Florida Statutes, requires the incorporation of Public Shelter Design Criteria in new educational facilities to serve as public shelters for emergency management purposes; and
WHEREAS, Section 1013.372, Florida Statutes, provides exemption criteria from using the Enhanced Shelter Design Criteria; and
WHEREAS, Section 252.385, Florida Statutes, defines the State’s intent to not have a deficit of safe public shelter space in any region of the State; and
WHEREAS, through this agreement the County and the School Board wish to maintain and enhance their cooperative and productive relationship to serve the citizens of Bay County; and
NOW, THEREFORE, be it mutually agreed between the Bay County Board of County Commissioners and the School Board of Bay County, Florida that the following requirements, criteria, standards and procedures shall be utilized in the preparing and coordinating the sheltering needs of the citizens of Bay County during a state of declared local emergency:
1. This Interlocal Agreement is entered pursuant to the provisions of Section 163.01, Florida Statutes, commonly known as the “Florida Interlocal Cooperation Act of 1969” (the “Act”), and all applicable portions of the Act are made a part hereof and incorporated herein as if set forth at length herein, including, but not limited to the following specific provisions:
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a. All of the privileges and immunities and limitations from liability, exemptions from laws, ordinance and rules, and all pensions and relief, disability, workers’ compensation and other benefits which apply to the activity of officers, agents, or employees of the parties hereto when performing their respective functions within their respective territorial limits for their respective agencies, shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents or employees extra-territorially under the provisions of this Interlocal Agreement;
b. This Interlocal Agreement does not and shall not be deemed to relieve any of the parties hereto of any of their respective obligations or responsibilities imposed upon them by law except to the extent of the actual and timely performance of those obligations or responsibilities by one or more of the parties to this Interlocal Agreement, in which case performance provided hereunder may be offered in satisfaction of the obligation or responsibility;
2. If any provisions of the Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement, and this Agreement shall be enforced as if such invalid and unenforceable provision had not been contained herein.
3. Each party agrees that it will execute any and all documents or other instruments, and take such other action as is necessary to give effect to the terms and intent of this Agreement.
4. No waiver by either party of any term or condition of this Agreement will be deemed or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or of a different section, subsection, paragraph, subparagraph, clause, phrase, or other provision of this Agreement.
5. All School Board facilities, equipment, materials and personnel are authorized to assist the County for the duration of any state of declared local emergency.
6. Throughout the year the School Board shall work cooperatively with the County to
enhance the sheltering operations. The School Board will provide core shelter staff that will include administration, custodial, and food service personnel. In addition, School Board support teams from Safety and Security Police, Information Services,
Transportation, Maintenance and Custodial may be required.
7. In the event a state of local emergency is declared by the County:
a. The Emergency Management Division Chief shall notify the School Board’s Designee of the declaration of a state of local emergency.
b. The School Board shall, in a manner consistent with the County Comprehensive Emergency Management Plan (“CEMP”), render assistance to the County.
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c. The Emergency Management Division Chief shall coordinate the activities and services included in the CEMP, including those provided by the Department of Health and the American Red Cross, pursuant to Section 252.38, Florida Statutes.
d. The Emergency Management Division Chief shall notify the School Board’s Designee if the County needs School Board personnel to support shelter operations.
e. The School Board reserves the right to open other shelters at other schools, not to interfere with any mutually agreed upon shelters, at any time for its employees or other deemed necessary personnel. Other shelters opened by the School Board shall be operated at the sole expense of the School Board and will not be considered as a reimbursable shelter expense to the County.
f. In order to support shelter operations, the School Board shall provide a liaison in the emergency operations center during the time shelters in schools are open.
g. The School Board will serve as the Shelter Manager, Dayside Supervisor and Nightside Supervisor.
8. For the duration of such emergency, all School Board employees shall be considered employees of the School Board for the purpose of maintaining medical and workers compensation insurance.
9. The County shall reimburse the School Board for actual costs to the School Board, while assisting the County in preparation for, and during, a local state of emergency declared pursuant to Section 252.38(1), Florida Statutes for:
a. reasonable and necessary costs and expenses incurred by the School Board in providing the school facilities pursuant to the County’s request to County;
b. hourly wages, overtime wages, including mandatory benefits, paid to School Board employees for shelter duty training and for staffing the shelter during a local state of emergency, but not including regular compensation of salaried employees;
c. all supplies, food, fuel, and materials utilized for the operation of a shelter;
d. transportation provided to evacuees, at the discretion of the School Board, from locations designated by the County;
e. HVAC tech, plumber, electrician and any other mechanical technicians, including supervisors, needed for the initial setup of a shelter;
f. any additional security expenses incurred as a result of Shelter Operations;
g. all costs to the School Board related to demobilizing the sheltering operation, including cleaning and the items described in Paragraph 11;
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h. a utility fee to the School Board, based on the square footage costs and the square footage utilized for all electricity, water and sewer of the school shelter for the duration of an emergency; and
i. a fee equal to 2.5% of the sum of all fees and expenses otherwise reimbursed to the School Board by the County to compensate the School Board for the administrative expenses related to mobilizing sheltering operations and documenting and seeking expenses and reimbursements related to same.
10. In the event a disaster has been declared, the County shall submit its claims for reimbursement directly through the Federal Emergency Management Agency (FEMA) Public Assistance (PA) Program. The County will submit project worksheets ("PW") to FEMA for approval of eligible project expenses. The School Board shall provide any information requested by the County in support of completing the PW. The County will bear the risk that FEMA does not approve full reimbursement of expense or that a disaster is not declared. The School Board shall submit an invoice documenting all reimbursement requests pursuant to this Agreement. County may require reasonable additional documentation of costs and expenses sufficient to document the expenditures per County’s Finance Department. Reimbursement requests will normally be paid within thirty (30) days following the County’s receipt of the invoice(s), but in no event more than sixty (60) days, unless the County formally disputes in writing some or all of the costs and expenses as set forth herein. Notwithstanding the forgoing, the County shall reimburse all undisputed costs and expenses not later than sixty (60) days from receipt of the invoice. If the County disputes a cost or expense, the County shall within fifteen (15) days of receipt of the invoice, provide the School Board with a written explanation of the basis of the dispute with regard to the disputed cost or expense and the parties shall attempt to resolve the dispute in accordance with the provisions of Section 25 of this Agreement. For School Board employees, the School Board will submit an invoice to the County with supporting documentation that will include employee name, job title, status (exempt, nonexempt, bargaining unit), FT/PT, hourly rate, benefit rate breakdown, regular and overtime hours separately, copies of time sheets, and purpose of work.
11. Prior to the opening of a school as a shelter, the County and the School Board will coordinate and jointly conduct an inventory and damage assessment. Upon closure of the school as a shelter, the County and the School Board will jointly conduct an inventory and damage assessment in order to accurately document any loss or damage to a school caused by shelter clients or County staff. The County shall reimburse the School Board for actual costs to the School Board for all damage to a shelter or other School Board property (of any and all types or kinds, whether real or personal), and/or property of School Board agents, officers, or employees that may occur while assisting the County during a state of local emergency declared pursuant to Section 252.38(5), Florida Statutes. The School Board shall promptly notify the County of any such loss or damage and County shall reimburse the School Board within sixty days of the receipt of invoice. If the County disputes a cost of repair or replacement, the County shall, within fifteen days of receipt of the invoice, provide the School Board with a written explanation of the basis of the dispute with regard to the disputed repair or replacement and the parties shall attempt to resolve the dispute in accordance with the provisions of Section 25 of this Agreement.
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12. For all of the County’s reimbursement obligations established in this Agreement, the County will bear the risk that FDEM and/or FEMA does not approve full reimbursement
of expenses or that a federal disaster is not declared.
13. With respect to shelter management and security, the County will be responsible for:
a. Providing the School Board as much advance notice as reasonably possible of the
need for School Board assistance in sheltering.
b. Determining the number, type of shelter, and which schools will need to be opened
as shelters; and determine the date and time for opening and closing each shelter.
c. Working with the School Board to develop a Shelter Staffing Plan for County
employees involved in the sheltering process and reviewing and updating same on an annual basis.
d. Providing and maintaining time sheets for each County employee working at the
shelters for each school to track.
e. Designating a County staff member who will be the Assistant Shelter Manager and
provide assistance and backup designated Shelter Manager.
f. Working with the School Board to establish necessary and mutually agreeable
communication resources, at the County’s expense, needed for the Parties to
coordinate shelter operations at school facilities.
g. Coordinating with law enforcement and the School Board’s Safety and Security
Chief to address any public safety and security issues at the shelters.
h. Coordinating public announcements of shelter opening and closing.
i. Providing supplemental staff and trained volunteers as available to perform
functions inside each shelter to include: registration, dormitory management,
animal care services, and functional/access needs services.
j. Coordinating with the School Board regarding the closing date(s) of shelters in
schools.
k. Prior to opening and after closing of a school as a shelter, the County’s Assistant
Shelter Manager and the School Board’s Food Service Director or designee will coordinate and jointly conduct inventories of the food and supplies on-site to verify
what was used in conjunction with the use of the school as a shelter.
l. Partnering with the School Board to authorize and direct the preparation of simple
meals to the extent of existing food inventories and other supplies at each
emergency shelter. The School Board will establish a menu plan for simple foods that can be prepared with or without electrical power. As a backup system, the Bay
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County Emergency Management Division will maintain an up to date list of agencies, which can be reached on short notice, to provide various emergency
shelter supplies (i.e., food items, paper products, first aid supplies, flashlights, diapers, etc.). If needed, the Bay County Emergency Management Division, or Emergency Operations Center (if activated), will order additional supplies.
m. Working with School Board staff to supervise shelter clients ensuring the clients
occupy the facility in an orderly manner.
n. School Board will designate staff to assist in the opening and operation of campus
shelter facilities in each school used as an emergency shelter. These groups of staff members will form the basis for a team of emergency shelter coordinators for their assigned schools. These positions will include, but are not limited to, an
administrator, food service worker, and custodial staff. The team will be responsible for limiting access to designated areas within the school, for coordinating and facilitating the use of the school's kitchen facilities and other areas within the school
and providing custodial support for the emergency shelter.
o. Bay County's Emergency Management Division will expedite the transfer
of emergency shelter occupants to alternate emergency shelter locations (i.e., faith
based, community facilities) to allow schools to return to normal operations.
p. Bay County's Emergency Management Division will coordinate public release of
open emergency shelters. All parties understand and agree that an emergency
shelter will not be announced open until Bay County shelter team and School Board staff are on site and logistics in place.
q. Upon request of Bay County's Emergency Management Division,
transportation will be arranged by the School Board for evacuees to designated emergency shelter locations within the boundaries of Bay County. Evacuee pick up locations will be pre- designated prior to the request for
transportation. The School Board will provide buses and drivers. 14. The County shall provide annual training for all County staff members involved with
shelter operations. Those staff members will include all primary and back-up staff members that could potentially be assigned to a shelter or involved with shelter operations. If requested by the School Board, the County shall assist with or take the lead in
coordinating training to the School Board’s shelter operation teams.
15. The County and the School Board agree that Deane Bozeman School is designated as the
Pet Friendly Shelter (PFS) from the date of execution until no later than December 31, 2019, by which time County shall designate a facility of its own for providing shelter to pets. The County agrees to operate the PFS facility in accord with the PFS Plan. No other
School Board facilities are approved for use as a PFS. The County will ensure that public announcements emphasize the location of the only PFS.
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16. This Agreement shall at all times be subordinate to the authority of the State Division of Emergency Management to make available any equipment, services, or facilities pursuant
to Section 252.42, Florida Statutes, and to the plans of the Federal Government and the State of Florida acting through the State Division of Emergency Management.
17. Time is of the essence with respect to this Agreement and each of its terms and
provisions.
18. Each party shall have the right to seek the judicial enforcement and interpretation of this
Agreement, and to avail itself of all remedies available to it arising at law or in equity for
the breach of this Agreement. Remedies are mutually available and include damages and specific performance, as appropriate.
19. No party shall be obligated to perform any duty, requirement or obligation under this
Agreement if such performance is prevented by fire, hurricane, earthquake, explosion, wars, sabotage, accident, flood, acts of God, strikes, or other labor disputes, riot or civil commotions, or by reason of any other matter or condition beyond the control of any party,
and which cannot be overcome by reasonable diligence and without unusual expense (“Force Majeure”). In no event shall a lack of funds on the part of any party be deemed Force Majeure. Nothing in this paragraph shall limit the School Board’s obligation to
provide sheltering as required by state law during declared local state of emergency.
20. This Agreement may be terminated by either the County or the School Board upon giving
six (6) months’ notice in writing to the other party. However, in no event, will such
termination become effective between June 1 and November 30 of a calendar year. If the end of the six (6) months’ notice period falls between June 1 and November 30, then the effective date of the termination will be December 1. The termination of this Agreement
does not affect the School Board’s statutory obligation to provide sheltering under sec. 252.38(1)(d), F.S.
21. Pursuant to Section 163.01(11), Florida Statues, this Agreement, executed by the parties
hereto, shall be effective immediately upon filing with the Clerk of the Circuit Court of Bay County. However, it is the intent of the County and the School Board that, if the School Board expends any resources on or after October 10, 2018, at the request of the
County and the resources are subsequently used in the performance of eligible work authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5206, and the implementing regulations of 44 CFR § 204 and § 206, then the
same shall be eligible for reimbursement by the County to the School Board.
22. If submitting reimbursement directly to FEMA, the School Board shall comply with the
audit requirements contained in the executed Disaster Relief Funding Agreement with
State of Florida Division of Emergency Management. If submitting reimbursement to the
County, the School Board shall maintain adequate records to justify all charges, expenses,
and costs incurred in estimating and performing the work for at least three (3) years after
completion or termination of this Agreement. The County shall have access to such books,
records, and documents as required in this section for the purpose of inspection or audit
during normal business hours, at the School Board's place of business. The Bay County
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Clerk of Court’s authority includes but is not limited to the power to review past, present
and proposed County agreements, transactions, accounts and records, to require the
production of records, and to audit, investigate, monitor, and inspect the activities of the
School Board, its officers, agents, employees, and lobbyists in order to ensure compliance
with this Agreement's requirements and detect corruption and fraud.
23. By this Agreement, the School Board recognizes that for the purposes stated, the School
Board is an active participant with County in this community service endeavor. Each are
cognizant of the provisions of Chapter 252, Florida Statutes, pertaining to "Emergency
Management," particularly Section 252.51, Florida Statutes, insulating both the School
Board and County from liability due to death of or injury to, any person on or about
emergency shelter premises or for loss of, or damage to, the property of any such person
unless the gross negligence or the willful and wanton misconduct of one of the Parties is
the proximate cause of such death, injury, loss or damage occurring during such sheltering
period.
24. The School Board recognizes its obligations under Section 1013.372, Florida Statutes to
build new educational facilities in compliance with the Public Shelter Design Criteria
incorporated into the Florida Building Code. However, the School Board may request the
County’s written concurrence with an exemption in accordance with 1013.372(1) when
appropriate. When a written request is made by the School Board stating criteria
enumerated in 1013.372(1), the County shall use its best efforts to respond to the School
Board’s request within fifteen business days. If the County denies the request, the County
will state the basis for its denial. Nothing herein is intended to modify the provisions of
Section 1013.372, or to limit the discretion of the local emergency management agency to
decline to concur with the waiver of the Public Shelter Design Criteria.
25. General Terms and Conditions.
a. No Presumption. The Parties acknowledge that they and their attorneys have
participated in the preparation, negotiations and drafting of this Agreement. The
terms in this Agreement shall be construed in accordance with their fair meaning
and there shall be no presumption applied against any Party for having drafted or
participated in the drafting of any such terms.
b. Waiver. No delay or failure on the part of any party hereto in exercising any right,
power or privilege under this Agreement shall impair any such right, power or
privilege or be construed as a waiver or acquiescence thereto; nor shall any single
or partial exercise of any right, power or privilege preclude any other or further
exercise thereof or the exercise of any other right, power or privilege. No waiver
shall be valid against any party, unless made in writing and signed by the party
against whom enforcement of such waiver is sought and then only to the extent
expressly specified therein.
c. Severability. The terms of this Agreement shall be severable such that, if any term
herein is illegal, invalid, or unenforceable, such holding shall not affect the viability
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of any of the other provisions of the Agreement, unless the severing of such term
would defeat the purpose of this Agreement.
d. Notices. All notices, consents, demands, or other communications required or
permitted to be given pursuant to this Agreement shall be in writing by e-mail and
hard copy, and shall be deemed sufficiently given and received on: (i) the day on
which delivered personally or via facsimile transfer during a business day to the
appropriate location(s) listed below; (ii) one business day after delivered to a
nationally recognized overnight delivery service such as Federal Express or
Airborne Express for overnight delivery to the appropriate location(s) listed below;
or (iii) three business days after the posting thereof by United States registered or
certified first class mail, return receipt requested with postage and fees prepaid and
addressed as follows:
If to School Board:
Superintendent of Schools
1311 Balboa Avenue
Panama City, Florida 32401
With a copy to:
Franklin R. Harrison, Esq.
School Board Attorney
Hand Arendall Harrison Sale LLC
304 Magnolia Avenue
Panama City, Florida 32401
If to the County: Robert J. Majka, Esq.
840 W. 11th Street
Panama City, FL 32401
With a copy to:
County Attorney
840 W. 11th Street
Panama City, FL 32401
Any party may change his, her or its address and/or the address of the entity copied on his,
her or its behalf upon written notice to all other Parties.
e. Entire Agreement. This Agreement constitutes and contains the entire agreement
and understanding between the Parties with respect to the subject matter herein and
supersedes and replaces all prior negotiations and proposed agreements, written or
oral. The Parties acknowledge that no representations, inducements, promises, or
agreements have been made by or on behalf of any Party, except those covenants
and agreements embodied in this written Agreement. Any amendment or
modification of this Agreement, or any waiver of its terms, in order to be binding,
must be written and signed by the Parties hereto.
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f. Severability. Any provision of this contract prohibited by the laws of Florida or
the United States shall be ineffective to the extent of that prohibition without
invalidating the remaining provisions of this contract.
g. Waiver of Right to Jury Trial. DUE TO THE HIGH COST AND TIME
INVOLVED IN COMMERCIAL LITIGATION BEFORE A JURY, THE
PARTIES WAIVE ALL RIGHT TO A JURY TRIAL ON ALL ISSUES IN ANY
ACTION OR PROCEEDING RELATING TO THIS AGREEMENT, THE
TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, OR ANY
DOCUMENTS EXECUTED IN CONNECTION WITH THE CONTEMPLATED
TRANSACTION.
26. As a condition precedent to a party bringing any suit for breach of this Agreement, that
party must first notify the other party in writing of the nature of the purported breach and
seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve
the dispute through negotiation, they may agree to a mutually acceptable method of non-
binding alternative dispute resolution with a qualified third party acceptable to both parties.
The existence of a dispute shall not excuse the parties from performance pursuant to this
Agreement. This remedy is supplemental to any other remedies available at law.
IN WITNESS WHEREOF, the parties hereto have executed this agreement by their duly
authorized officials on the date set forth below.
BAY COUNTY,
a political subdivision of the State of Florida
ATTEST:
By: By:
Bill Kinsaul, Clerk of Court William Dozier, Chairman
SCHOOL BOARD OF BAY COUNTY,
FLORIDA, a public agency of the State of
Florida
ATTEST:
By:
William V. Husfelt, Superintendent Steve Moss, Chair
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July 18, 2019 M E M O R A N D U M TO: William V. Husfelt III, Superintendent FROM: Doug Lee, Executive Director of Operations AGENDA ITEM: Start & End Times Schedule 2019-20 CONSENT OR ACTION (Please circle one) BUDGET AMOUNT: TBD IN CURRENT BUDGET OR UNAPPROPRIATED FUND BALANCE (Please circle one) IF BUDGETED, GIVE BUDGET ACCOUNT NUMBERS: Fund Function Object Cost Center Project Program SUPERINTENDENT'S RECOMMENDATION: Approval: _______ Disapproval: _______ Discussion: _______ _______________________________ Superintendent
WILLIAM V. HUSFELT III
SUPERINTENDENT
1311 Balboa Avenue
Panama City, Florida
32401
(850) 767-4100
Hearing Impaired Access
(800) 955-8770 Voice
(800) 955-8771 TDD
www.bay.k12.fl.us
Board Members:
Jerry Register
District 1
Ginger Littleton
District 2
Pamm Chapman
District 3
Ryan Neves
District 4
Steve Moss
District 5
Board Action
43
Last Updated: 7/17/2019
Elementary Schools Special Purpose SchoolsCallaway 7:30‐2:00 Margaret K. Lewis School in Millville * 8:30‐2:30Cedar Grove* 7:30‐2:15 New Horizons Learning Center 8:15‐3:00Deer Point 7:30‐2:00 St. Andrew School 7:30‐2:00Hiland Park 7:30‐2:00
Hutchison Beach 7:30‐2:00 Early Release TimesLucille Moore * 7:30‐2:15 Elementary Schools (Extended Day 11:45 AM) 11:30 AMLynn Haven 7:30‐2:00 Middle Schools 1:00 PMMerriam Cherry Street 7:30‐2:00 High Schools 12:30 PMNorthside 7:30‐2:00 * 2‐1/2 hrs before end of school day
Parker 7:30‐2:00Patronis 7:30‐2:00Southport 7:30‐2:00Tommy Smith 7:30‐2:00 Adult/Tech SchoolsTyndall * 7:20‐1:50 Tom P. Haney Technical Center 7:45‐1:45
Waller* 7:30‐2:15West Bay 7:30‐2:00
Middle SchoolsJinks 9:00‐3:30 Charter SchoolsMerritt Brown 9:00‐3:30 Bay Haven Elem (K‐2) 7:30‐2:30Mowat 9:00‐3:30 Bay Haven Elem (3‐5) 7:30‐2:45Surfside 9:00‐3:30 Bay Haven Middle (6‐8) 7:45‐3:05
Central Academy 9:00‐3:30High Schools Central High School (AM) 7:15‐12:05A. Crawford Mosley 8:15‐3:00 Central High School (PM) 12:05‐5:00Bay 8:15‐3:00 Chautauqua Learn & Serve 8:15‐3:00J.R. Arnold 8:15‐3:00 North Bay Haven Elem (K‐2) 7:30‐2:30Rosenwald (6‐12) 8:30‐3:00 North Bay Haven Elem (3‐5) 7:30‐2:45Rutherford (6‐12) 8:15‐3:00 North Bay Haven Middle (6‐8) 7:55‐3:15
North Bay Haven High (9‐12) Zero Pd 7:15‐8:05Combination Schools North Bay Haven High (9‐12) Regular Pd 8:15‐3:00Breakfast Point Elem (K‐5) 7:30‐2:00 Palm Bay Elem 8:00‐3:00Breakfast Point Middle (6‐8) * 7:30‐2:05 Palm Bay Preparatory Academy 8:15‐3:30Deane Bozeman Elem (K‐5) 7:30‐2:00 Rising Leaders Acad (K) (Fri 7:45‐12:30) 7:45‐3:00Deane Bozeman Middle (6‐8) 9:00‐3:30 Rising Leaders Acad (1‐8) (Fri 7:45‐12:45) 7:45‐3:15Deane Bozeman High (9‐12) 9:00‐3:30 University Academy (K‐8) 7:30‐3:00
Bay District Schools
2019‐2020
Start & End Times
44
July 18, 2019 M E M O R A N D U M TO: William V. Husfelt III, Superintendent FROM: Doug Lee, Executive Director of Operations AGENDA ITEM: Head Start Patterson MOU CONSENT OR ACTION (Please circle one) BUDGET AMOUNT: TBD IN CURRENT BUDGET OR UNAPPROPRIATED FUND BALANCE (Please circle one) IF BUDGETED, GIVE BUDGET ACCOUNT NUMBERS: Fund Function Object Cost Center Project Program SUPERINTENDENT'S RECOMMENDATION: Approval: _______ Disapproval: _______ Discussion: _______ _______________________________ Superintendent
WILLIAM V. HUSFELT III
SUPERINTENDENT
1311 Balboa Avenue
Panama City, Florida
32401
(850) 767-4100
Hearing Impaired Access
(800) 955-8770 Voice
(800) 955-8771 TDD
www.bay.k12.fl.us
Board Members:
Jerry Register
District 1
Ginger Littleton
District 2
Pamm Chapman
District 3
Ryan Neves
District 4
Steve Moss
District 5
Board Action
45
Page 1 of 14
LEASE, MANAGEMENT & OPERATION AGREEMENT
THIS LEASE, MANAGEMENT AND OPERATION AGREEMENT ("Agreement") is
dated effective the _____ day of _________________, 2019 (the "Effective Date"), by and between
The School Board of Bay County, Florida (the "School Board"), a Florida public school district,
with an office at 1311 Balboa Avenue, Panama City, FL 32401, and Early Education and Care,
Inc. (“Early Education”), a Florida corporation, with an office at 450 Jenks Avenue, Panama City,
FL 32401.
Recitals:
WHEREAS, School Board owns the land and facility known as Oscar Patterson
Elementary School, located at 1025 Redwood Avenue, Panama City, Florida 32401; and
WHEREAS, Early Education desires to lease, manage, and operate a portion of the elementary school campus as designated by the School Board (the "Premises") for the purpose of
running Early Education’s head start program; and
WHEREAS, the mission of Early Education is to run its head start program; and
WHEREAS, School Board desires to assist Early Education in its mission by providing
use of the Premises as described herein; and
WHEREAS, School Board and Early Education acknowledge that this Agreement is
strictly reliant on Early Education’s intent to operate the Premises for facilitating its mission, as
described above, and therefore, any use inconsistent with the intent expressed in this Agreement
shall provide School Board with the right and option to terminate this Agreement; and
WHEREAS, School Board and Early Education wish to enter into this Agreement subject
to the terms and conditions as hereinafter stated.
NOW THEREFORE, in consideration of the mutual covenants set forth herein and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties do hereby agree as follows:
1. Incorporation of Recitals
The above recitals are agreed to be true and correct and are hereby incorporated into this
Agreement as if fully expressed within the body of this Agreement.
2. Term and Termination
2.1 Term: School Board does hereby lease the Premises to Early Education, and Early
Education does hereby hire, take and lease the Premises from School Board, subject to the terms
and conditions set forth herein. The term of the lease shall commence on August 12, 2019, or
such later date as all appropriate permits and zoning approvals to operate the Premises to provide
meals to the community and housing for Early Education staff have been obtained, and shall
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Page 2 of 14
expire on August 11, 2021, unless the Agreement is terminated early as provided for herein (the
“Term”).
Early Education does hereby acknowledge the condition of the Premises and does hereby
accept the Premises in its as-is, where-is condition. The School Board has informed Early Education
completely of the known existing defects and conditions of the Premises. Early Education is fully
apprised of the fact that the Premises suffered extensive damages during Hurricane Michael and there
may be hazards still yet unknown to both the School Board and Early Education. School Board makes
no other representations or warranties regarding the condition of the Premises, the structural integrity
of the Premises, or the suitability of the Premises for Early Education’s use, including but not limited
to, zoning, land development code compliance, and building and/or occupancy/use issues surrounding
the site, land and improvements. Notwithstanding the foregoing, the Term of the lease contemplated
by this Agreement shall not commence until zoning, land development code compliance and building
and/or occupancy/use compliance is achieved to the mutual satisfaction of Early Education and
School Board. Early Education shall be responsible for any application fees associated with obtaining
such zoning, land development code, building and/or occupancy/use compliance; provided, however,
that Early Education shall not be responsible for any attorneys' fees or other indirect costs of the
School Board or any other third party associated with obtaining such compliance.
2.2 Termination:
(a) During the Term of this Agreement, (i) Early Education may terminate this
Agreement with or without cause at any time by providing written notice to School Board and (ii)
School Board may terminate this Agreement upon the occurrence of a breach of this Agreement
by Early Education that has not been cured during the ten-day period following School Board's
written notification of such breach to Early Education or without cause following thirty days’
written notice.
(b) If, following the commencement of the Term, (i) Early Education terminates
this Agreement pursuant to Section 2.2(a)(i) other than due to the breach of this Agreement by School
Board, or (ii) School Board terminates this Agreement pursuant to Section 2.2(a)(ii), then Early
Education shall be responsible for any reasonable application fees (not to exceed $5,000 in the
aggregate) associated with rezoning the Premises for use as an educational facility; provided,
however, that Early Education shall not be responsible for any attorneys' fees or other indirect costs
associated with obtaining such zoning.
2.3 Removal of Property: Upon termination of this Agreement, Early Education shall
remove any and all non-fixture property belonging to Early Education and vacate and surrender
the Premises. Early Education shall leave the Premises and all property belonging to School Board
in no worse condition than the condition of the Premises on the Effective Date, less normal wear
and tear.
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3. Use of the Premises
Early Education shall use and occupy the Premises to run its head start program and related
general administrative purposes, subject to all legally required permits and approvals, and for no
other purpose.
4. Rent
Lessee hereby covenants and agrees to pay to Lessor as rent for the Premises in the amount of
$1.00 per year, beginning August 2019.
5. Operation, Management and Maintenance
5.1 General: Early Education will be responsible, at its sole cost and expense, for the
day-to-day management and operation of the Premises, and shall work in coordination with the
relevant public agencies as appropriate.
5.2 Activities and Events:
(a) Early Education shall operate and manage the Premises, and limit occupancy
of the Premises, in accordance with any applicable zoning and land use regulations, and in accordance
with all applicable building codes and ordinances, including but not limited to the terms and
conditions of any certificate of occupancy issued for the Premises.
(b) Any use of the Premises shall be in compliance with all applicable laws, as
well as this Agreement.
5.3 The Premises Director, Executive Director and/or Operating Entity:
(a) The Premises director or operating entity will be selected by Early
Education and will be responsible for the day-to-day operations of the Premises and accountable
to Early Education’s Executive Director.
(b) The Executive Director or operating entity will use his/her reasonable
efforts to timely provide School Board with responses to reasonable inquiries by School Board
relating to the Premises.
(c) The Executive Director or his/her designee will use his/her reasonable
efforts to maintain regular, ongoing communication with the School Board, and attend School
Board meetings when requested.
5.4 Utilities: Immediately upon the commencement of the Term, Early Education shall
maintain, at its sole cost and expense, all utilities required for operation of Early Education’s use of
the Premises, as well as all utility facilities required for such services, including but not limited to, air
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conditioning, heat, electricity, water service and humidity control to meet adequate interior building
conditions for the Premises. School Board and Early Education shall work together in good faith to
determine the proportionate share of Early Education’s use of the utilities at the facility to ensure that
Early Education’s use of the facility is cost neutral to the School Board.
5.5 Other Operational Expenses: Early Education shall be responsible for any increases
in the Premises' other operational expenses caused by Early Education’s use, including, but not
limited to, (to the extent desired by Early Education) expenses of telephones, cable, internet,
collection management, staff assistance and office management. Early Education shall also be
responsible for an annual service contract for any fire alarm monitoring company along with the
expense of the telephone line and all other utility facilities that exist to support such system, as
required by applicable law. Subject to the requirements set forth in Section 5, Early Education shall
provide access to School Board or its designee for purposes of conducting periodic fire safety
inspections. Additionally, Early Education will be responsible for pest control.
5.6 Custodial and Janitorial Maintenance: Early Education shall provide routine
custodial and janitorial maintenance of the Premises.
5.7 Maintenance and Repairs of Building, Grounds and Fixtures:
(a) Beginning with the first day of school, Early Education shall, at its sole
cost and expense, repair and maintain the Premises'Premises, improvements, and facilities, as
well as all equipment, including but not limited to: all heating, ventilating, air-conditioning
equipment, smartboards, and facilities/fixtures for supplying heat, light, power, hot and cold water
services to the Premises, roofing, windows, floors, walls, plumbing fixtures and all drainage and
waste pipes or facilities leading from the Premises, and those portions of all utility lines supplying
said Premises which are located outside the Premises, unless such utility lines are maintained or
repaired by utility companies. Early Education shall be responsible for taking care of the school
grounds, including but not limited to, mowing, weed eating, trimming and edging. This obligation
includes any improvements needed to bring the Premises into the condition Early Education
desires in order to begin its intended use, in Early Education’s sole discretion. Any and all
improvements by Early Education must be pre-approved by the School Board in accordance with
Section 12.1.
(b) School Board shall not be responsible for any damage to the Premises
caused by the acts, omissions or negligence of Early Education or its guests, employees,
contractors or invitees.
(c) School Board shall, upon reasonable notice, enter the Premises to perform
inspections to verify proper upkeep and maintenance and Early Education’s performance of all
obligations under this Agreement.
(d) Early Education shall not be responsible for any damage to the Premises
caused by the acts, omissions or negligence of School Board or its guests, employees, contractors
or invitees, subject to sovereign immunity limitations as provided by Florida law.
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5.8 Security: Early Education shall provide reasonable security for the protection of
the Premises and shall be responsible for any special security needs associated with any activities
held at the Premises, in Early Education’s sole discretion.
5.9 Miscellaneous:
(a) No activity or event shall include the use of fire, chemicals or other substances
that may in any way be deemed hazardous or dangerous without first obtaining the permission of the
School Board; provided, however that School Board hereby consents to Early Education’s use of a
kitchen facility on the Premises. Any hazardous chemicals or other substances that are required to be
stored at the Premises, shall be properly handled and stored in accordance with all applicable federal,
state and local laws and regulations, and the manufacturer's instructions for handling and storage.
Early Education shall not permit the generation of or disposal of any hazardous substances or toxic
materials in or on the Premises.
(b) During the Term of this Agreement, Early Education hereby assures School
Board that Early Education is in compliance with Title VII of the 1965 Civil Rights Act, as amended,
and the Florida Civil Rights Act of 1992, in that Early Education does not on the grounds of race,
color, national origin, religion, sex, age, disability, sexual orientation or marital status, discriminate
in any form or manner against Early Education’s employees or applicants for employment. Early
Education understands and agrees that this Agreement is conditioned upon the veracity of this
statement of assurance. Furthermore, Early Education hereby assures School Board that Early
Education will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is/are
involved. Other applicable federal and state laws, executive orders and regulations prohibiting
discrimination as described herein are included within this reference. This statement of assurance
shall be interpreted to include Vietnam-Era veterans and disabled veterans within the protective
range of its applicability.
(c) Early Education is solely responsible for obtaining any licenses or permits
necessary for its management and operation of the Premises.
(d) Early Education affirms that it is aware of the provisions of Section
287.133(2)(a), Florida Statutes, and that at no time has Early Education, its officers or employees,
been convicted of a public entity crime. Early Education agrees that it shall not violate such law and
further acknowledges and agrees that any conviction thereof during the Term may result in the
termination of this Agreement.
(e) Pursuant to Section 404.056(5), Florida Statutes, the following notice is
provided to Early Education as tenant regarding radon gas: RADON GAS is a naturally occurring
radioactive gas that when it has accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of radon that exceed federal and
state guidelines have been found in buildings in Florida. Additional information regarding radon
and radon testing may be obtained from the Bay County public health unit.
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6. Right of Entry by the School Board
School Board's authorized representatives may enter the Premises at any time. The School
Board will make all efforts to avoid entering the Premises in a manner that would be disruptive to
the normal operations of Early Education. Early Education shall not change out any locks.
7. Taxes and Assessments
7.1 Early Education: Early Education shall be solely responsible for all taxes, fees,
assessments and surcharges of any kind based on revenue, profits or sales derived by Early Education
through its operation of the Premises. Early Education agrees to pay, when due, all taxes properly
assessed against Early Education by the State of Florida and any other governmental entities in
connection with Early Education’s use, occupancy or operation of the Premises.
7.2 School Board: School Board shall be solely responsible for any applicable property
taxes for the Premises and any other applicable taxes related to School Board's ownership of the
Premises. Notwithstanding the foregoing, if Early Education’s use of the Premises results in the
Premises being taxable by any government entity with the authority to assess taxes, Early
Education shall be responsible for such taxes at its sole cost and expense.
8. Authority to Enter into Contracts
Early Education acknowledges and agrees that it does not have the authority to enter into
contracts on behalf of School Board for the Premises, even if such contracts are for the sole benefit of
the Premises, and pursuant to Section 15 of this Agreement, this Agreement does not imply or create
a partnership or relationship other than that of tenant and landlord. This provision does not prohibit
Early Education from entering into contracts on its own behalf, provided that such contracts do not
obligate or commit School Board or the Premises in any way.
9. Prohibition Against Liens
Early Education shall defend, indemnify, and hold harmless School Board and its respective
officers, directors, agents, employees and attorneys from any claim or demand, including attorney's
fees, on the part of any person, firm or corporation performing labor or furnishing materials in
connection with the construction of any improvements to the Premises undertaken by Early
Education. Early Education shall not engage in any financing or any other transaction creating any
mortgages, or any other encumbrances, liens or claims of any kind upon School Board's fee interest
in the Premises or any other land owned by School Board. It is distinctly understood and agreed that
any person, firm or corporation furnishing materials or performing labor on behalf of Early
Education on any improvements to the Premises shall look only to Early Education for any payment,
and that no lien or claim shall be allowed to attach to School Board's fee interest in the Premises. In
the event that Early Education shall fail and refuse to pay and discharge any amount of money that
may be due for materials furnished or labor performed in connection with the construction of
improvements to the Premises undertaken by Early Education, and such default shall have continued
for a period of thirty days after School Board shall have given Early Education notice of such default,
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School Board may, at its option, declare this Agreement terminated; provided, however, Early
Education shall have the right during said thirty day period, in accordance with Florida Statutes, to
post a surety bond with the Clerk of Circuit Court in and for Bay County, Florida, and have any such
lien transferred to said bond, and said action by Early Education shall cure the default and School
Board shall have no right of termination.
10. Background Checks
At Early Education’s cost, employees and agents of Early Education must successfully
pass level 2 screening and become registered volunteers with the School Board.
11. Insurance Requirements
11.1 General: During the Term of this Agreement, Early Education agrees that it shall
maintain, at its sole cost and expense, occurrence-based Commercial General Liability insurance
covering the Premises during the Term in the limit amounts described herein. The insurance
coverage shall be written on standard forms and placed with insurance carriers authorized by the
Insurance Department of the State of Florida. Early Education shall fully and timely comply with
all requirements and conditions imposed by the insurance policy and shall take no action that
could, in any way, limit School Board's or any other insured's rights of coverages under said
policy. Early Education acknowledges and agrees that it shall have said insurance in place and in
effect for the duration of the Term and thereafter to the extent necessary to cover claims that arise
during the Term.
11.2 Policy Limits: Coverage shall provide a limit of not less than One Million Dollars
($1,000,000.00) per occurrence/Three Million Dollars ($3,000,000.00) annual aggregate. All
coverage shall include broad form property damage and personal injury liability.
11.3 School Board as Additional Insured: The policy for coverage shall name The
School Board of Bay County, Florida as an additional insured and certificate holder.
11.4 Certificates of Insurance: A certificate of insurance (or a copy of the policy, if
requested by School Board) shall be furnished to School Board no later than five business days
after the commencement of the Term.
11.5 Specialty Insurance: Any specialty insurance required for special events or
specialized equipment or material stored at the Premises shall be provided by Early Education at
its sole expense and shall also name School Board as an additional insured.
12. Property
12.1 Improvements and Modifications to the Premises: No improvements,
modifications or alterations shall be made to the Premises by Early Education.
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12.2 Damage to School Board Property: Early Education shall not alter or damage the
Premises and/or the School Board's property in any way without School Board's prior written
approval. In the event that Early Education damages or alters the Premises without the prior
approval of School Board, whether willfully or accidentally, Early Education shall immediately
upon notice from the School Board, (i) fully repair the damage/alteration or (ii) reimburse School
Board for its reasonable costs incurred in making such repairs.
12.3 Destruction of Premises: If the Premises is totally destroyed by fire or other
casualty, this Agreement shall automatically terminate. If the Premises is partially damaged by
fire or other casualty, School Board, in its sole and absolute discretion, may (i) terminate this
Agreement, or (ii) restore the Premises to a kind and quality substantially similar to that existing
immediately prior to such damage. If School Board elects to restore the Premises, School Board
shall have no responsibility or liability whatsoever for any disruption to Early Education’s
activities.
12.4 Moveable Property of the School Board: Moveable property purchased by and/or
donated to School Board will remain the property of School Board.
12.5 Moveable Property of the Early Education: Moveable property purchased by
and/or donated to Early Education and used at the Premises will remain the property of Early
Education.
12.6 Inventory Records of Property: School Board and Early Education will maintain
accurate inventory records of their respective property. Inventory records relating to this
Agreement will be available for inspection at any reasonable time.
12.7 Repairs to the Property damaged by Hurricane Michael: Early Education
acknowledges the condition of the Premises and accepts the Premises in its as-is, where-is condition.
However, the School Board will make repairs to portions of the Property damaged by Hurricane
Michael which must be repaired prior to Early Education’s use of the property. Such repairs include,
but not limited to, roof repairs to Building 5.
12.8 Installation of Playground Equipment: School Board will install and maintain
playground equipment on the Premises. All playground equipment shall become part of the Premises
and the property of School Board at the time of the installation and shall remain on the Premises.
13. Indemnification
13.1 Indemnification by Early Education: Early Education shall defend, indemnify and
hold harmless School Board and its respective officers, directors, agents, employees and
attorneys, from and against any and all actions, claims, suits, damages, fines and liabilities arising
directly or indirectly from Early Education’s, or any of its resident's, invitee's, contractor's,
employee's, guest's or client's management, operation and/or use of the Premises.
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13.2 Indemnification by the School Board: The School Board of Bay County, Florida
agrees to indemnify Early Education to the extent and only to the extent of the limits set forth in
§768.28(5), Fla. Stat. and then only for the negligent or wrongful act or omission of any School
Board officer or employee in performance of this agreement who is acting within the scope of the
officer or employee’s office or employment under circumstances in which the School Board, if a
private person, would be liable to the claimant. Further, the School Board does not waive any
defense of sovereign immunity or consent to be sued by a third party. It is further understood and
agreed by the parties to this agreement that no officer or employee may be held personally liable
except as provided by §768.28(9), Fla. Stat.
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14. Amendments
This Agreement may not be amended unless such amendment is in writing and duly
executed by the parties hereto, except that non-significant amendments may be executed in
writing by Early Education and the School Board's Superintendent.
15. Relationship of Parties
Nothing herein contained shall be deemed to constitute either of the parties hereto as a joint
venture, partner or agent of the other, and neither party shall claim any status which is contrary
to the terms of this Agreement.
16. Severability
If any one or more of the provisions of this Agreement should be held contrary to law or
public policy, or should for any reason whatsoever be held invalid or unenforceable by a court of
competent jurisdiction, then such provision or provisions shall be null and void and shall be deemed
separate from the remaining provisions of this Agreement, which remaining provisions shall continue
in full force and effect, provided that the rights and obligations of the parties contained herein are not
materially prejudiced and the intentions of the parties continue to be effective.
17. Waiver of Provisions
No change, waiver or discharge of the provisions in this Agreement shall be valid unless in
writing and signed by the party against which it is sought to be enforced. No delay or omission by
either party in exercising any right or remedy or enforcing any obligation hereunder shall be construed
as a waiver of that right, remedy or obligation. A waiver by either of the parties of any default or
breach shall not operate as a waiver of any succeeding default or breach or any other default or breach
of this Agreement.
18. Assignment
Early Education may not assign this Agreement or any part hereof or rights hereunder without
the prior written consent of School Board, and any attempt of assignment without such prior written
consent shall be null and void. In the event of an assignment to which prior written consent has been
given, all of the covenants, agreements, terms and conditions to be observed and performed by the
parties hereto shall be applicable to and binding upon their respective successors and assigns.
19. Entire Agreement
This Agreement contains the final and entire agreement between the parties hereto with
respect to the matters set forth herein and contains all of the terms and conditions agreed upon with
respect thereto, and no other agreements, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or to bind the parties hereto; it being the intent of the parties that
neither shall be bound by any term, condition, or representation not herein written.
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20. Governing Law
This Agreement shall be governed by the laws of the State of Florida without giving effect
to any roles of conflicts of law. Venue of any disputes relating to this Agreement shall be in Bay
County, Florida.
21. Survival
Any term, condition, covenant, or obligation which requires performance by either party
subsequent to termination or expiration of this Agreement shall remain enforceable against such
party subsequent to termination or expiration.
22. Notices
Any and all notices, demands, consents, approvals or other communication which is
required or may be given under this Agreement shall be in writing and shall be deemed to have
been duly given if transmitted by hand-delivery with receipt thereof, by a nationally recognized
overnight delivery service, or by certified mail posted prior to the expiration date for such notice,
return receipt requested and first class postage prepaid, to the following addresses:
Address for Notices to Early Education:
Early Education and Care, Inc.
Attn: Sabara Quinn 450 Jenks Avenue
Panama City, FL 32401
Address for Notices to School Board: Bay County Schools
Attn.: Superintendent Husfelt
1311 Balboa Avenue
Panama City, Florida 32401
with a copy to:
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Franklin R. Harrison, Esq.
Post Office Drawer 1579
Panama City, Florida 32402
or to such other address as a party may have specified in writing to the other party using the
procedures contained in this paragraph. Notices sent (i) via hand delivery shall be deemed delivered
when received; (ii) via overnight delivery by a nationally recognized overnight delivery service shall
be deemed delivered on the next business day after deposit with such service; and (iii) via certified
mail shall be deemed delivered on the date of receipt.
23. Headings
The headings used in this Agreement are for convenience only and are not intended to
imply or restrict application.
24. Time of the Essence
Time is of the essence with regard to all dates and times set forth in this Agreement. If the
final date of any period set forth herein falls on a Saturday, Sunday or legal holiday under the laws
of the State of Florida or the United States of America, the final date of such period shall be
extended to the next day that is not a Saturday, Sunday or legal holiday. The term "days" as used
herein shall in all cases mean calendar days.
25. Construction
The parties do hereby acknowledge and agree that this Agreement has been reviewed and
negotiated by each party and that the Agreement shall be construed as if both parties were equally
responsible for drafting the provisions hereof, and no presumption or burden of proof shall arise
favoring or disfavoring any party by virtue of the authorship of any provisions of this Agreement.
SIGNATURE PAGES TO FOLLOW
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals effective as of the
Effective Date written above.
EARLY EDUCATION AND CARE, INC., (Two Witnesses Required) a Florida corporation
_______________________________________
SABARA QUINN
_______________________________________ BY: ___________________________________
ITS: ___________________________________
_______________________________________
Witness
_______________________________________
_______________________________________
Witness
STATE OF _____________________
COUNTY OF ___________________
The foregoing instrument was acknowledged before me this ________day of _______ , 2019,
by SABARA QUINN of EARLY EDUCATION AND CARE, INC., on behalf of the company, who is
______ personally known to me OR _______ [has produced ____________________________ as identification].
_______________________________________
_______________________________________
Notary Public, State of ____________________
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ATTEST: THE SCHOOL BOARD OF BAY COUNTY, FLORIDA
____________________________________ ____________________________________
William V. Husfelt, III. Steve Moss, Chair
Superintendent
STATE OF FLORIDA
COUNTY OF BAY
The foregoing instrument was acknowledged before me this ___ day of ____________ 2019, by Steve Moss and William V. Husfelt, III as Chair and Superintendent respectively of The School Board of Bay County, Florida, on behalf of the School Board. They are personally known to me and did not take an oath.
_______________________________________
_______________________________________
Notary Public, State of Florida
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PRIVATE PROVIDERS OF STUDENT SERVICES 2.129 Not-for-profit private providers desiring to provide student services while students are subject to the control and jurisdiction of the District and/or on District property, shall be required to execute a Memorandum of Understanding with the School Board. Such Memorandum of Understanding shall include a provision requiring the employees of said provider to be fingerprinted and submit to background checks as required by Florida law. For-profit providers and individuals desiring to provide student services while students are subject to the control and jurisdiction of the District and/or on District property, may only be permitted to do so upon the recommendation of the Superintendent, upon a finding by the Superintendent that it is in the best interest of the student and the District for the delivery of health services to the studentshall not be permitted to render services to students when students are subject to the control or jurisdiction of the District and/or on District property except for those who meet the requirements identified below. The School Board, upon the recommendation of the Superintendent, may make exception in situations where it deems that it is in the best interest of the student and the District for the delivery of health services to the student. Each provider must be fingerprinted and submit to background checks as required by Florida law. Section 1003.572, Florida Statutes (2013), provides parents with the opportunity to enhance the education of students under the Individuals with Disabilities Education Act (IDEA). A Parent can hire certain professionals to observe the student in the educational setting, collaborate with instructional personnel, and provide services in the educational setting, provided that 1) the instructional personnel and principal consent to the time and place and 2) the private instructional personnel satisfy the requirements of section 1012.32 or 1012.321, Florida Statutes. This program may not replace or interfere with the District’s responsibilities under the IDEA. Only the following professionals are eligible to participate:
(a) Individuals certified under s. 393.17 or licensed under chapter 490 or chapter 491 for applied behavior analysis services as defined in ss. 627.6686 and 641.31098.
(b) Speech-language pathologists licensed under s. 468.1185. (c) Occupational therapists licensed under part III of chapter 468. (d) Physical therapists licensed under chapter 486. (e) Psychologists licensed under chapter 490. (f) Clinical social workers licensed under chapter 491.
Authority: §1001.41, Fla. Stat. History: New, September 8, 2004 Revised: October 25, 2011; January 14, 2014; March 11, 2014
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STANDARDS FOR DELIVERY OF SERVICES BY OUTSIDE PROVIDERS 2.130 If a provider has clients who attend Bay District Schools and the provider desires to furnish counseling services during the school day, the provider must agree in writing to comply with the following standards: 1. The providers must be a not for profit entity and may only provide services to individuals referred
to them by public agencies. 1. No private clients may be served on Bay District Schools’ campuses unless they meet the criteria in Section 1003.572, Florida Statutes. However, students may also be seen by outside providers upon a referral by School Board personnel.
22. For-profit providers and individuals desiring to provide student services while students are subject to the control and jurisdiction of the District and/or on District property, will only be permitted to render services to students when students are subject to the control or jurisdiction of the District and/or on District property upon the recommendation of the Superintendent, upon a finding by the Superintendent that it is in the best interest of the student and the District for the delivery of health services to the student.
3. The provider shall be responsible for the supervision and direction of work performed by its employees, agents and/or subcontractors. Bay District Schools shall not exercise any control or supervision over contractor’s employees.
34. The provider’s employees will refrain from smoking or use of tobacco in any facility, property or vehicles owned by Bay District Schools in accordance with SBE Rule 2.113. Any person wishing to use tobacco products or electronic cigarettes must leave the school grounds to do so.
45. At no time shall any employee of the provider be deemed an employee of Bay District Schools. The provider will accept full and exclusive responsibility and liability to compliance with all laws and regulations related to the payment of withholding taxes, tax contributions, expenses, commissions and benefits including, but not limited to, Social Security contributions, workers’ compensation fees, and health care premium.
56. Any personnel employed by the provider who (a) are permitted access on school grounds when students are present, (b) have direct contact with students, or (c) have access to or control of school funds shall, prior to beginning work, be subjected to a Level II fingerprint screening through the Human Resource Office of Bay District Schools to determine if the personnel will, under the law, be permitted to work on school grounds.
67. Upon the first visit to the school, the provider must provide proof of a Release of Information signed by the parent or guardian indicating that the provider has the right to work with the student. A copy of the Release of Information needs to be kept in the student’s cumulative folder.
78. All the provider’s staff members must check in on each visit with school personnel at a place determined by the school officials.
89. Each provider must have his/her employee ID badge and be on the district approved outside provider list before he/she is allowed to work with any of the students.
910. The provider’s staff will follow School Board attire guidelines. 1011. The provider’s staff, with a notarized Release of Information form signed by a parent or guardian,
can review the student’s cumulative folder if they have an educational reason for doing so. The provider’s counselor must sign the access log in the folder. Copies will be provided per School Board 7.301 at $0.15 for each copy of each page and labor of $10.21 per hour.
1112. The provider’s staff may participate in the I.E.P. process if invited by the parent. 1213. No information pertaining to any other student will be provided to the provider’s counselor. 1314. School professional staff are responsible for making all educational decisions. 1415. If the student is receiving counseling from a school sponsored program, then counseling services
provided by the District takes precedence. The provider’s staff member will no longer be permitted to provide services.
1516. If the provider’s agency has a behavior plan for the student/client that is to be implemented at school that plan must be shared with and agreed upon by school officials which would include the IEP team if appropriate.
1617. While at school, when available, the school’s behavior plan takes precedence over the provider’s plan.
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1718. School personnel, not the provider, will be responsible for supervising the implementation of any agreed-upon plan while the student is in school.
1819. The school will determine the appropriate time and location the provider’s staff member can work with the student.
1920. The provider’s counselors may conduct classroom observations, with the permission of the school principal of the student, for the sole purpose of assisting in counseling. A 24-hour advance notice shall be required.
2021. If at any time the school level administrator feels that the provider’s staff member is interfering with the student’s ability to access his/her education, then services will be curtailed at the school site. The provider’s services will not be renewed on site until the school principal gives permission to resume. Appeals of the principal’s decision should be made in writing to the Assistant Superintendent of Teaching & Learning.
2122. The provider will provide a supervisor to meet and consult with teachers and staff prior to initiating services and thereafter, when requested by school staff.
2223. The provider, while providing services shall be responsible for the control of all students from the time the student arrives for services until student is placed under the control of the parent, legal guardian, or returned to the teacher at the end of the service. The provider shall defend, indemnify and hold the District, its trustees, officers, employees, and agents, harmless from all claims, allegations, losses, expenses, liabilities and costs, arising out of the provider’s performance of services under the contract.
Authority: §1001.41, Fla. Stat. History: New, September 24, 2008 Revised: August 27, 2013; January 14, 2014; October 28, 2014
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STUDENT UNIFORM AND GROOMING 7.209 Appropriate dress is the primary responsibility of the student and his/her parent or guardian. In order to promote safety, personal hygiene, academic well-being, and moral development, students shall be ex-pected to comply with reasonable requirements relating to dress, grooming and personal appearance. Students are expected to come to school dressed appropriately with proper attention having been given to personal cleanliness, grooming, and neatness of dress. The following is the dress code for grades K-12 except students at Margaret K. Lewis, New Horizons Learning Center, and Tom P. Haney Technical Center. The dress code policy applies from the time the student arrives on campus until the end of the school day and at all school activities during the school day. Exceptions may be made by the principal for field trips or other special activities: Tops: 1. Polo/golf shirt with collar and buttons or 2. collared dress shirt with sleeves (no cap sleeves) (underarm must be covered) or 3. turtlenecks, or in grades K-5 T-shirts - all tops must be unaltered 4. School approved T-shirts (club, spirit, etc) - unaltered
• Maximum of 3 color (white and 2 colors to be determined by the School Advisory Council - SAC) • Club and activity shirts not in school colors must be a nationally recognized school
sponsored organization, i.e. Key Club, National Honor Society, etc. • Must be a solid school color except for school approved shirts • Small manufacturer’s trade mark is acceptable • Must be appropriately fitted • Students may layer their tops; however, all visible tops must be in the designated colors.
Tops worn as undergarments must be in designated school colors. Bottoms:
• Belts must be worn if the pants have belt loops • Belts must be traditional and must be worn in loops and pants shall be unaltered • Bottoms can be khaki, navy blue or blue jeans With site-based administrative approval bottoms can be black Bottoms must be appropriately fitted and seated at the waist Large pocket style shorts may be worn. No hip huggers, no holes, and no overalls (6-12
only) • No large pocket style pants, no bell bottoms, no baggy pants, no hip huggers, no holes,
no carpenter pants and no overalls (6-12 only) • No shorts, skirts or dresses shorter than five inches (5") above the knee caps as measured
standing up, (K–5 students may wear jumpers) • Dresses with sleeves (underarm must be covered) must be one of the school’s chosen
colors and a solid color • Small manufacturer’s trade mark and minimal embellishments are acceptable
Shoes: • Closed toes and closed backs • Sandals with back or back strap for grades K-5 only • No bedroom shoes
Sweaters/Sweatshirts/Hoodies: • Sweaters if school approved Long-sleeved sweatshirts/hoodies must be one of the 3 approved colors (school logo not
required) • Must be solid color (unless school approved spirit or club) • Must be appropriately fitted
Note: School approved means clothing carries school logo and is in school colors.
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Other: • Scarves must be worn appropriately around the neck or shoulders (accessory item only;
no bandanas) • No head wear except sunglasses. Hats or other sun-protective wear to only be worn while
students are outdoors during school hours (not during class changes); however, at all other times, the sun-protective items must be properly stored by the student in pockets, purse, locker or backpack
• No jewelry or accessory that may be used as weapons such as chains or spiked jewelry • Jackets/Coats must have either buttons, zippers or snaps that are from top to bottom.
Jackets can be any color. Jackets may be worn in the classroom at the discretion of the teacher.
• Students participating in extracurricular activities shall conform to the standards of this policy while attending classes during the regular school day. Cheerleaders may wear their uniforms when required for participation in school sanctioned activities. Athletes may wear the team jerseys on game days with appropriate uniform bottoms.
• No bedroom clothes. • Earbuds - In order for students to be made aware of security announcements or other
hazardous situations in a timely manner, it is expected that all students will adhere to single earbud use while on campus, at school-sponsored events and on school-sponsored transportation.
Exceptions to wearing the uniform are permitted when:
• A student wears a uniform of a nationally recognized youth organization, such as the Boy Scouts or Girl Scouts, on regular meeting days;
• A student wears a costume, special clothing or dress attire necessary for participation in a school-sponsored or extracurricular activity provided the clothing complies with District policy.
• The wearing of a uniform violates a student’s sincerely held religious belief. Students enrolled in special programs such as on-the-job vocational training, or participating in school activities which require additional standards of dress or grooming shall comply with such additional standards. When applicable, students shall be required to “dress out” and wear physical education uniforms prescribed by the school.
• Students whose school zone was changed by the school board will be allowed to wear the previous school’s color as well as the present school’s colors for the current school year.
• A reasonable accommodation is needed to address a student’s disability or medical condition. A request in writing shall be made to the principal by the student’s parent/guardian.
Discipline for violating this policy shall be as follows:
• First and second offense consequences are: notification of parent or guardian; change of inappropriate attire;
• Consequences for subsequent offenses may include one or more of the following at the discretion of the principal:
A. notification of parent or guardian; B. change of inappropriate attire; C. one to three days of in-school or out-of-school suspension; or D. three days after school detention, if available.
• The fourth and subsequent offenses are willful disobedience which will result in further disciplinary action, which may include out of school suspension or expulsion;
• Any absence resulting from a violation of the Student Dress Code will be considered an unexcused absence.
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Prohibited Attire at all Schools While on school grounds during the regular school day, students are prohibited from wearing clothing that exposes underwear or body parts in an indecent or vulgar manner or that disrupts the orderly learning environment. Any student who violates this specific policy of prohibited attire is subject to the following disciplinary actions:
• For a first offense, a student shall be given a verbal warning and the school principal shall call the student’s parent or guardian.
• For a second offense, the student is ineligible to participate in any extracurricular activity for a period of time not to exceed five (5) days and the school principal shall meet with the student’s parent or guardian.
• For a third or subsequent offense, a student shall receive an in-school suspension pursuant to §1003.01(5), Florida Statutes for a period not to exceed three (3) days, the student is ineligible to participate in any extracurricular activity for a period not to exceed thirty (30) days, and the school principal shall call the student’s parent or guardian and send the parent or guardian a written letter regarding the student’s in-school suspension and ineligibility to participate in extracurricular activities.
Any interpretation of the dress code that is required of this policy shall be the responsibility of the principal of each school. The Superintendent is authorized to make the final decision regarding the interpretation, application and enforcement of this policy and to make certain that it is being uniformly applied and enforced at each of the schools within the District. The Superintendent can add uniform requirements based upon the unique needs of the population served at a school. Authority: §1001.41, Fla. Stat. Law Implemented: §§1001.43, 1006.07, Fla. Stat. History: New, June 12, 1989 Revised: July 24, 1997; November 17, 1998; June 13, 2001; January 25, 2006; September 13, 2006; April 25, 2007; September 12,
2007; June 24, 2009; January 13, 2010; July 14, 2010; September 13, 2011; November 22, 2011; April 9, 2013; May 14, 2013; June
28, 2016 (without requirement of meeting – correct reference to School Advisory Council); September 27, 2016
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TEMPORARY DRESS CODE 7.2095 For the 2019-2020 School Year Only We know that Hurricane Michael has presented many challenges to our families so we are making some temporary revisions to the existing dress code. In order to maintain an atmosphere conducive to learning, the Bay District School Board expects all students to follow the policy and make smart choices about personal appearance. We hope these temporary revisions will help our parents and students make appropriate choices for school clothing. Students should avoid attire that seriously distracts from the learning environment, is considered to be disruptive or could present a health or safety problem.
Tops:
• T-shirts (in one of three colors designated by each school)*
• Must be appropriately fitted with sleeves
• Must be unaltered; covering underarms and waist
• No inappropriate language, graphics or logos
Bottoms:
• Bottoms of any color
• Bottoms must be appropriately fitted and seated at the waist.
• No shorts, skirts or dresses shorter than five inches (5") above the knee caps as measured standing up
• Dresses with sleeves (underarm must be covered)
• Fitness pants such as leggings, Yoga pants, sweatpants, exercise tights, etc. must be covered with a top that reaches fingertip length when arms are at sides
Sweaters/Sweatshirts/Hoodies:
• Must be appropriately fitted
• Hood may not be worn indoors
Shoes:
• Closed toes and closed backs preferred
• No bedroom shoes, flip-flops, shower shoes, or beach footwear
Other:
• Scarves must be worn appropriately around the neck or shoulders (accessory item only; no bandanas).
• No head wear except sunglasses. Hats or other sun protective wear to only be worn while students are outdoors during school hours (not during class changes); however, at all other times, the sun-protective items must be properly stored by the student in pockets, purse, locker or backpack.
• No jewelry or accessory that may be used as weapons such as chains or spiked jewelry.
• Students participating in extracurricular activities shall conform to the standards of this policy while attending classes during the regular school day. Cheerleaders may wear their uniforms when required for participation in school sanctioned activities. Athletes may wear the team jerseys on game days with appropriate uniform bottoms.
• No bedroom clothes.
• Earbuds - In order for students to be made aware of security announcements or other hazardous situations in a timely manner, it is expected that all students will adhere to single earbud use while on campus, at school-sponsored events and on school-sponsored transportation.
*School approved T-shirt colors have been determined for each school and can be found on the District
website and each school’s website.
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Prohibited Attire at all Schools
• While on school grounds during the regular school day, students are prohibited from wearing clothing
that exposes underwear or body parts.
• Any interpretation of the dress code that is required of this policy shall be the responsibility of the
principal of each school. The Superintendent is authorized to make the final decision regarding the
interpretation, application and enforcement of this policy and to make certain that it is being uniformly
applied and enforced at each of the schools within the District.
Any student who violates this specific policy of prohibited attire is subject to the following disciplinary actions:
• For a first offense, a student shall be given a verbal warning and the school principal shall call the student’s parent or guardian.
• For a second offense, the student is ineligible to participate in any extracurricular activity for a period of time not to exceed five (5) days and the school principal shall meet with the student’s parent or guardian.
• For a third or subsequent offense, a student shall receive an in-school suspension pursuant to §1003.01(5), Florida Statutes for a period not to exceed three (3) days, the student is ineligible to participate in any extracurricular activity for a period not to exceed thirty (30) days, and the school principal shall call the student’s parent or guardian and send the parent or guardian a written letter regarding the student’s in-school suspension and ineligibility to participate in extracurricular activities.
Any interpretation of the dress code that is required of this policy shall be the responsibility of the principal of each school. The Superintendent is authorized to make the final decision regarding the interpretation, application and enforcement of this policy and to make certain that it is being uniformly applied and enforced at each of the schools within the District. The Superintendent can add uniform requirements based upon the unique needs of the population served at a school. This policy will expire after the 2019-2020 School Year and will be removed from the Policy Manual. Authority: §1001.41, Fla. Stat. Law Implemented: §§1001.43, 1006.07, Fla. Stat. History: New,
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