agenda - durham public schools · date: june 8, 2015 durham public schools support services...

AGENDA Durham Public Schools Board of Education

Support Services Committee

June 8, 2015

Fuller Administration Building, 511 Cleveland Street, Durham, NC

1. Call to Order

2. Moment of Silence

3. Agenda Review and Approval

4. Public Comment

5. Support Services Committee Meeting Minutes

I. May 11, 2015

6. Reports

I. Service Agreement between Durham Public Schools and Duke University Health System, Inc.

II. Contract for Delivery of Visually Impaired Instructional Services

III. Playworks

IV. Code of Student Conduct Task Force Update

V. Career and Technical Education – Computer Purchases

VI. Summary of Follow Up Items

VII. Adjournment

Mission Statement

In collaboration with our community and parents, the mission of Durham Public Schools is to provide all students with an outstanding education that motivates them to reach their full potential and enables them to discover their interests and talents, pursue their goals and dreams, and succeed in college, in the workforce and

as engaged citizens.

Date: June 8, 2015

Durham Public Schools

SUPPORT SERVICES COMMITTEE

PRECIS

Agenda Item: Support Services Committee Minutes

Staff Liaison Present: Dr. Deborah Polen-Pitman, Ph.D. Phone #: 560-2554

Main Points:

Attached for committee consideration and approval is a draft copy of the following minutes:

May 11, 2015

Fiscal Implications:

None

Strategic Plan Alignment:

N/A

Purpose

Information Discussion Action Consent

Reviewed by: Finance __________ Attorney __________

MINUTES


of the

Durham Public Schools Board of Education

May 11, 2015

The Support Services Committee met on Monday, May 11, 2015 in the Board Room of the

Fuller Administration Building, 511 Cleveland Street, Durham, North Carolina.

Board Members Present Leigh Bordley, Chairperson; Sendolo Diaminah, Vice Chairperson; Minnie Forte-Brown; Natalie

Beyer; Mike Lee; and Heidi Carter were present.

Administrators Present Dr. Debbie Pitman, Assistant Superintendent of Student, Family and Community Services;

Dr. Bert L’Homme, Superintendent; Dr. Stacey Wilson-Norman, Deputy Superintendent of

Academic Services; Alisa McLean, Area Superintendent; Jacqueline Ellis, Area Superintendent;

and William Sudderth-III, Director of Public Information.

Attorney Present Ken Soo

Call to Order/Moment of Silence

Chairperson, Leigh Bordley called the meeting to order at 4:35 P.M. and presided over a moment

of silence.

Agenda Review and Approval

Motion was made to approve the agenda; motion passed unanimously.

Public Comment

None

Approval of Minutes

Motion was made to approve the Minutes. The motion passed unanimously with one amendment

noted by Natalie Beyer for the correction of the date. The date was corrected to read May 11,

2015, instead of April 13, 2015.

Committee Reports

Revision of the June 2015 Board of Education Committee and Meeting Schedule

Public Comment: None

Dr. Deborah Pitman, Assistant Superintendent presented changes to the board of education

committee and meeting schedule for consideration. The proposed revisions were to convene

Instructional Services Committee on June 1, 2015 at 4:30 p.m. immediately followed by Support

Services Committee. Administrative Services Committee would move to June 8, 2015 at 4:30

p.m. and the Board of Education meeting would be held on June 15, 2015 at 6:30 p.m.

| Support Services Committee – May 11, 2015

The agenda item was discussed and tabled for full board approval.

School Social Workers Service Delivery Model 2015-2016


Elizabeth Shearer, Executive Director, Student Support Services and Theresa McGowan,

Director, Preventive Services provided an update on the 2015-2016 service delivery model

including the historical background between the Department of Social Services and Durham

Public Schools. The current school social worker assignments for elementary, middle and high

schools were shared. The presentation included the recommended caseload, the number of social

workers from both agencies, and the 2015-2016 budget implications.

The board had a full discussion. The agenda item was presented for information.

Board of Education Policy Series 1000 Revisions


Dr. Deborah Pitman, Assistant Superintendent presented the suggested revisions to the board of

education policies which are based on the NC School Board’s Association recommendations

including Policy 1000 Legal Status of the Board and School System, Policy 1010 Board

Authority and Duties, and Policy 1100 Governing Principles.

The board had a full discussion and requested that this topic be continued for further discussion

on the Support Services Committee in June.

Summary of Follow-Up Items

The Board resolution of policy work to be included in Board packet.

There being no further business, Ms. Bordley adjourned the meeting at 5:54 P.M.

Date: June 8, 2015

Durham Public Schools SUPPORT SERVICES COMMITTEE

PRECIS

Agenda Item: Service Agreement between Durham Public Schools and Duke University

Health System, Inc.

Staff Liaison Present: Richard Lemke, Ph.D. Phone: (919) 684-5684

Kristin Bell, Ed.D. (919) 560-3774

Main Points:

The service agreement for physical therapy services is recommended with Duke University

Health System which is currently providing the contracted physical therapy services. Duke

University Health System has successfully delivered physical therapy services for several years.

Duke supports the district’s effort to reduce contracted services and increase the number of DPS

employed physical therapy personnel.

The contract ensures that all preschool through high school students who are eligible for physical

therapy services through the Exceptional Children’s Program receive continuous coverage

without interruption.

This contract is provided to the Board for information and subsequent Board approval.

Fiscal Implications

These efforts are supported through federal funds.

Purpose


Reviewed by: Finance __AB___ Attorney _BJ____

1

Duke University Health System, Inc. 2015-2016

Physical Therapy Service Agreement

Support Services Committee June 8, 2015

Dr. Kristin Bell Executive Director

Exceptional Children’s Program

Dr. Rick Lemke Principal, Hospital School

Related Services

Duke University Health System, Inc. Service Agreement Overview

• Provide qualified physical therapy services

• Pre K – 12th grade

• Exceptional Children’s Program

• Phasing out service agreement

2

Scope of Services Overview

• Perform evaluations

• Establish plans of treatment

• 0.8 Full-time Equivalent (FTE) Lead Therapist

– Coordinates services

– Administrative duties

– Student caseload

• 1.8 FTE Physical Therapists

3

Funding Implications

• Duke University Health System is the sole source provider

• Not to exceed $368,675

• DPS seeks to hire 2.0 additional physical therapists by 2016-2017

• Contract paid through federal funds

Date: June 8, 2015

Durham Public Schools SUPPORT SERVICES COMMITTEE

PRECIS

Agenda Item: Durham Public Schools Contract for the Delivery of Visually Impaired

Instructional Services

Staff Liaison Present: Richard Lemke, Ph.D. Phone #: 684-5684

Kristin Bell, Ed.D. 560-3774

Main Points:

A request for proposal (RFP) was posted for the contract. Two vendors bid on the services.

The contract recommended is with Invision Services Inc. which is the current vendor

providing the teacher of the visually impaired (TVI) services. Invision has successfully

delivered TVI services in the district for several years.

Invision Services Inc. provides highly qualified personnel with school-based braille

experience. The teachers are familiar with state and local procedures.

The contract ensures that students in the Exceptional Children’s Program who are eligible for

braille services and students who are eligible for orientation and mobility services receive

continuous coverage without interruption.

This contract is provided to the Board for information and subsequent Board approval.


These efforts are supported by federal funds.

Purpose


Reviewed by: Finance __AB___ Attorney _BJ____

1

Invision Services, Inc. 2015-2016

Visually Impaired Instructional Services Contract

Support Services Committee June 8, 2015

Dr. Kristin Bell Executive Director

Exceptional Children’s Program

Dr. Rick Lemke Principal, Hospital School

Related Services

Invision Services Service Agreement Overview

• Serving students who are eligible for visually impaired services, including students in need of braille services, low vision instruction, and orientation and mobility services

• Provide highly qualified personnel

• Exceptional Children’s Program students

2

Scope of Services • Direct instruction and accommodations for braille and

print reading students

• Consultation with school staff and classroom teachers

• IEP development and implementation

• Tactile braille production

• Documentation of student progress

• Evaluations for VI students

• Consultation with DPS Lead VI Teacher

• Functional Vision Evaluations, Learning Media Assessments, and Assistive Technology Evaluations

3

Funding Implications

• A request for proposal (RFP) was posted; Invision Services, Inc., was selected.

• Contract amount is not to exceed $272,120.

• Contract paid through federal funds.

QUESTIONS

5

Professional Service Contract – v.2 Page 1 of 8

DURHAM PUBLIC SCHOOLS

CONTRACT FOR THE DELIVERY OF VISUALLY IMPAIRED

INSTRUCTIONAL SERVICES

This contract for the delivery of visually impaired instructional services (the “Contract”) is made

and entered into this first day of July 2015, between the Durham Public Schools Board of

Education (the “School System”), 511 Cleveland Street, Durham, NC 27702, and Invision

Services Inc. (the “Provider”), 960 Corporate Drive, Suite 203, Hillsborough, NC 27278.

For and in consideration of the mutual promises set forth in the Contract the parties do

mutually agree as follows:

1. Obligations of Provider. Provider hereby agrees to provide services to the School System

as follows:

1.1. Provider shall provide the professional services described in Attachment A with

designated times as specifically requested and authorized by the School System.

Work will be completed in a timely manner acceptable to the School System in full

compliance with the terms and conditions of this Contract, including any documents

incorporated by reference.

1.2. Qualifications of Provider. Provider warrants that (a) it is an experienced and duly

licensed firm or individual having the ability and skill necessary to perform all the

services required of it under this Contract; (b) it has the capabilities and resources

necessary to perform its obligations hereunder; (c) it is familiar with all current

laws, rules and regulations which are applicable to this Contract; (d) all

recommendations, advice, analysis, and representations made during the provision

of services pursuant to this Contract shall accurately meet, reflect, and incorporate

all such laws, rules, and regulations; (e) it shall exercise the abilities, skill, and care

customarily exercised by duly licensed and qualified providers of comparable

services who practice in Durham County or in similar communities throughout the

term of this Contract; and (f) all work done and services rendered in connection

with this Contract shall be performed by fully qualified personnel who are

appropriately licensed and legally entitled to perform the services provided.

1.3. Records Maintenance. Provider shall maintain written documentation of any

professional service provided, including any required documentation meeting the

requirements of applicable federal, state and local laws and regulations.

2. Obligations of the School System.

2.1. The School System hereby agrees to compensate Provider at a rate or in the amount

of Two hundred seventy-two thousand one hundred twenty dollars ($272,120) for

services rendered, with total payments not to exceed $272,120. With the School

System’s written consent, payments may be made in monthly installments for work

performed and accepted during the previous month. Provider will bill all portal to

portal instructional, consultation, documentation and Preparation hours at a rate of

$88.00/hour and transit time at $50.00/hour.


2.2. In the event of inclement weather, fire, power failure, or other similar occurrence,

which may necessitate the cancellation of the delivery of the service(s), and an

alternate date cannot be agreed upon, the School System will be under no obligation

to compensate Provider for services not rendered.

2.3. Space and Equipment. The School System agrees to (i) set aside designated areas

adequate for the provision of the professional services and (ii) maintain such

designated areas in accordance with applicable federal, state and local laws, rules

and regulation. Provider shall only use such space and support services solely for

the purpose of fulfilling its duties under this Contract.

3. Term. The services described in the Contract will be provided from August 24, 2015

through June 9, 2016 unless sooner terminated as herein provided.

4. Termination for Convenience. The School System or Provider may terminate this

Contract at any time at its complete discretion upon twenty 30 calendar days’ notice in

writing from the School System to Provider prior to the date of termination. In addition,

all finished or unfinished documents and other materials produced by Provider pursuant

to this Contract shall, at the request of the School System be turned over to it and become

its property. If the Contract is terminated by the School System in accordance with this

section, the School System will pay Provider at the rate set out in Section 2.1 for all

services performed as of the date of termination.

5. Termination for Default. At any time, the School System may terminate this Contract

immediately and without prior notice if provider is unable to meet goals and timetables or

if the School System is dissatisfied with the quality of services provided.

6. Terms and Methods of Payment. Provider shall submit to the School System monthly

invoices itemized by service provided, the number of hours worked and by whom, the

date(s) that services were provided, and the amount owed, along with any supporting

documentation that may be requested in advance by the School System. Such invoices

shall be submitted within thirty (30) days of the rendering of services. The School

System shall process payments to Provider within thirty (30) days of submission of such

invoices. Invoices should be sent to Sylvia Fuller at The DPS Hospital School for review

and approval.

7. Contract Funding. It is understood and agreed between Provider and the School System

that the School System’s payment obligation under this Contract is contingent upon the

availability of appropriated funds from which payment for Contract purposes can be

made.

8. Insurance. Provider agrees to maintain $1,000,000 in general liability, $1,000,000 in

automobile liability, and other appropriate insurance, as well as Workers Compensation

in the required statutory amount, for all employees participating in the provision of

services under this Contract. The Durham Public Schools Board of Education shall be

named by endorsement as an additional insured on the General Liability policy.

Certificates of such insurance shall be furnished by Provider to the School System and

shall contain an endorsement to provide the School System at least 10 days’ written

notice of any intent to cancel or terminate by either Provider or the insuring company.

Failure to furnish insurance certificates or maintain such insurance shall be a default


under this contract and shall be grounds for immediate termination of this Contract.

9. Taxes. Provider shall pay all federal, state, and FICA taxes for all employees

participating in the provision of services under this Contract.

10. Monitoring and Auditing. Provider shall cooperate with the School System, or with any

other person or agency as directed by the School System, in monitoring, auditing, or

investigating activities related to this Contract. Provider shall permit the School System

to evaluate all activities conducted under this contract as dictated by the School System.

Provider shall provide auditors retained by the School System with access to any records

and files related to the provision of services under this Contract. The School System

agrees that its auditors will maintain the confidentiality of any identified and actual trade

secrets of Provider accessed during an audit conducted under this Contract.

11. Confidentiality of Student Information. Provider agrees that all student records or

personally identifiable information contained in student records that may be obtained in

the course of providing services to the School System under this contract shall be subject

to the confidentiality and disclosure provisions of applicable federal and state statutes and

regulations as well as the School System’s policies. All student records shall be kept in a

secure location preventing access by unauthorized individuals. Provider will maintain an

access log delineating date, time, agency, and identity of individual accessing student

records who is not in the direct employ of Provider. Provider shall not forward to any

person other than parent or the School System any student record or personally

identifiable information obtained from a student record (including, but not limited to, the

student’s identity) without the written consent of the School System. Upon termination

of this Contract, Provider shall turn over to the School System all student records or

personally identifiable information about students obtained by Provider while providing

services under this Contract. Nothing in this Contract gives Provider any right to access

any student records or personally identifiable information.

12. Lunsford Act/Criminal Background Checks. Provider also acknowledges that G.S. § 14-

208.18 prohibits anyone required to register as a sex offender under Article 27A of

Chapter 14 of the General Statutes from knowingly being on the premises of any school.

Provider shall conduct or arrange to have conducted, at its own expense, sexual offender

registry checks on each of its owners, employees, agents and subcontractors (“contractual

personnel”) who will engage in any service on or delivery of goods to School System

property or at a School System sponsored event, except checks shall not be required for

individuals who are solely delivering or picking up equipment, materials, or supplies at:

(1) the administrative office or loading dock of a school; (2) non-school sites; (3) schools

closed for renovation; or (4) school construction sites. The checks shall include at a

minimum checks of the State Sex Offender and Public Protection Registration Program,

the State Sexually Violent Predator Registration Program, and the National Sex Offender

Registry (“the Registries”). For Provider’s convenience only, all of the required registry

checks may be completed at no cost by accessing the United States Department of Justice

Sex Offender Public Website at http://www.nsopw.gov/. Provider shall provide

certification on the Sexual Offender Registry Check Certification Form that the registry

checks were conducted on each of its contractual personnel providing services or

delivering goods under this Contract prior to the commencement of such services or the

delivery of such goods. Provider shall conduct a current initial check of the registries (a


check done more than 30 days prior to the date of this Contract shall not satisfy this

contractual obligation). In addition, Provider agrees to conduct the registry checks and

provide a supplemental certification form before any additional contractual personnel are

used to deliver goods or provide services pursuant to this Contract. Provider further

agrees to conduct annual registry checks of all contractual personnel and provide annual

certifications at each anniversary date of this Contract. Provider shall not assign any

individual to deliver goods or provide services pursuant to this Contract if said individual

appears on any of the listed registries. Provider agrees that it will maintain all records

and documents necessary to demonstrate that it has conducted a thorough check of the

registries as to each contractual personnel, and agrees to provide such records and

documents to the School System upon request. Provider specifically acknowledges that

the School System retains the right to audit these records to ensure compliance with this

section at any time in the School System’s sole discretion. Failure to comply with the

terms of this provision shall be deemed a material breach of the Contract. In addition, the

School System may conduct additional criminal records checks at the School System’s

expense. If the School System exercises this right to conduct additional criminal records

checks, Provider agrees to provide within seven (7) days of request the full name, date of

birth, state of residency for the past ten years, and any additional information requested

by the School System for all contractual personnel who may deliver goods or perform

services under this Contract. Provider further agrees that it has an ongoing obligation to

provide the School System with the name of any new contractual personnel who may

deliver goods or provide services under the Contract. The School System reserves the

right to prohibit any contractual personnel of Provider from delivering goods or providing

services under this Contract if the School System determines, in its sole discretion, that

such contractual personnel may pose a threat to the safety or well-being of students,

school personnel or others.

13. Indemnification. Provider shall indemnify and hold harmless the School System and its

agents and employees from and against all claims, actions, demands, costs, damages,

losses, and/or expenses of any kind whatsoever proximately resulting from the omission

or commission of any act, lawful or unlawful, by Provider or its agents and/or employees,

including but not limited to court costs and attorney’s fees, incurred in connection with

the defense of said matters. The parties agree that this indemnification clause is an

“evidence of indebtedness” for purpose of N. C. Gen. Stat. § 6-21.2.

14. Relationship of Parties. Provider shall be an independent contractor of the School

System, and nothing herein shall be construed as creating a partnership or joint venture;

nor shall any employee of Provider be construed as an employee, agent, or principal of

the School System.

15. Compliance with Applicable Laws. Provider shall comply with all applicable laws and

regulations in providing services under this Contract. In particular, Provider shall not

employ any individuals to provide services to the School System who are not authorized

by federal law to work in the United States. Provider represents and warrants that it is

aware of and in compliance with the Immigration Reform and Control Act and North

Carolina law (Article 2 of Chapter 64 of the North Carolina General Statutes) requiring

use of the E-Verify system for employers who employ twenty-five (25) or more

employees and that it is and will remain in compliance with these laws at all times while


providing services pursuant to this Contract. Provider shall also ensure that any of its

subcontractors (of any tier) will remain in compliance with these laws at all times while

providing subcontracted services in connection with this Contract. Provider is

responsible for providing affordable health care coverage to all of its full-time employees

providing services to the School System. The definitions of “affordable coverage” and

“full-time employee” are governed by the Affordable Care Act and accompanying IRS

and Treasury Department regulations.

16. Applicable Durham Public Schools Board of Education Policies. Provider acknowledges

that the Durham Public Schools Board of Education has adopted policies governing

conduct on all property owned by the Board of Education and agrees to abide by any and

all relevant board policies while on its property. Provider acknowledges that these

policies are available online on the School System’s website. In particular, Provider

acknowledges that it has received copies of or has access to (via the Durham Public

Schools’ website) and will abide by all applicable Durham Public Schools Board of

Education policies, including but not limited to policies related to conduct on school

property, weapons, drugs and alcohol, tobacco, and interactions with staff and students.

17. Assignment. Provider shall not assign, subcontract, or otherwise transfer any interest in

this contract without the prior written approval of the School System.

18. Contract Modifications. This contract may be amended only by written amendments

duly executed by and between the School System and Provider.

19. North Carolina Law. North Carolina law will govern the interpretation and construction

of the Contract.

20. Entire Agreement. This Contract, including the purchase order, if any, used in

connection herewith and any other document(s) expressly incorporated by reference as a

part of this Contract, constitutes and expresses the entire agreement and understanding

between the parties concerning its subject matter. This Contract supersedes all prior and

contemporaneous discussions, promises, representations, agreements and understandings

relative to the subject matter of this contract. To the extent there may be any conflict

between the four corners of this Contract and other documents incorporated by reference

herein, the terms of this Contract will control.

21. Attachments: The following documents, if any, are attached as Exhibits to this Contract

and incorporated by reference herein:

Attachment A: Scope of Services

Attachment B: Sexual Offender Registry Check Certification Form

22. Severability. If any provision of this Contract shall be declared invalid or unenforceable,

the remainder of the Contract shall continue in full force and effect.

23. Authority to Enter Contract. The person(s) executing this Contract on behalf of Provider

have authority to do so as an official, binding act of Provider.


IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day

and year first indicated above.

DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION

By: ____________________________________________________________(Seal)

Heidi Carter

Attest: _____________________________________________________________(Seal)

Bert L’Homme

INVISION SERVICES INC.

By: ____________________________________________________________(Seal)

John Higgins, President

Attest: _____________________________________________________________(Seal)

David Wilson, Office Manager

This instrument has been preaudited in the manner required by the School Budget and Fiscal

Control Act.

________________________________________________

(Date)

________________________________________________

(Signature of finance officer)


Attachment A

Scope of Services

Invision Services will provide VI instructional services to Durham Public Schools to meet VI

service needs identified by the DPS Exceptional Children’s Program staff for 2015-16 school

year for visually impaired students, both braille reading and low vision.

Services will be provided by the following Invision Services staff to include but not limited to:

1) Julie Bardin, Teacher of the Visually Impaired: To provide direct instruction and

accommodations for braille and print reading students, consultation with school staff and

classroom teachers, IEP development and implementation, tactile braille production,

documentation of student progress, and evaluations for VI students up to 30 hours per week.

2) Michele Wentz, Teacher of the Visually Impaired/COMS: To provide direct instruction and



documentation of student progress, and evaluations for VI students up to 16 hours per week.

3) Marc Wentz, Certified Orientation & Mobility Specialist: To provide direct Orientation &

Mobility instruction and accommodations for blind and low vision students in the school and

community, consultation with school staff and classroom teachers, IEP development and

implementation, tactile braille material production of maps, documentation of student progress,

and evaluations for VI students up to 16 hours per week.

4) Deb Lapolice, Teacher for the Visually Impaired: To provide consultation with DPS Lead

Teacher of the Visually Impaired as requested and to provide Functional Vision Evaluations,

Learning Media Assessments, and Assistive Technology Evaluations as requested up to 10 hours

per week

5) Kathy Davis, Teacher of the Visually Impaired: To provide direct instruction and



documentation of student progress, up to 8 hours per week.

6) Brice Smith, Assistive Technology Specialist: To provide instruction to braille reading

students on the use of assistive technology such as JAWS software and iPad applications as

needed by request of DPS Lead Teacher of the Visually Impaired.


Attachment B

Sexual Offender Registry Check Certification Form

Check the appropriate box to indicate the type of check:

□ Initial

□ Supplemental

X□ Annual

I, John Higgins, President of Invision Services, INC. hereby certify that I have performed all of

the required sexual offender registry checks required under this Agreement for all contractual

personnel (employees, agents, ownership personnel, or contractors ) who may be used to deliver

goods or provide services under this Agreement, including the North Carolina Sex Offender and

Public Protection Registration Program, the North Carolina Sexually Violent Predator

Registration Program, and the National Sex Offender Registry. I further certify that none of the

individuals listed below appears on any of the above-named registries and that I will not assign

any individual to deliver goods or perform services under this Agreement if said individual

appears on any of the sex offender registries. I agree to maintain all records and documents

associated with these registry checks, and that I will provide such records and documents to the

school system upon request. I specifically acknowledge that the school system retains the right

to audit these records to ensure compliance with this section at any time in the school system’s

sole discretion. I acknowledge that I am required to perform these checks and provide this

certification form before any work is performed under the Agreement (initial check), any time

additional contractual personnel may perform work under the Agreement (supplemental check),

and at each anniversary date of the Agreement (annual check).

Contractual Personnel Names Job Title

1. ________________________ ________________________

2. ________________________ ________________________

3. ________________________ ________________________

4. ________________________ ________________________

5. ________________________ ________________________

(attach additional page(s) if needed)

I attest that the forgoing information is true and accurate to the best of my knowledge.

_____________________ (print name) _____________________ (signature)

_____________________ (title) ______________________ (date)

Date: June 8, 2015



PRECIS

Agenda Item: Playworks Contract

Staff Liaison Present: John McCain Phone #: (919) 560-3668

Main Points:

Playworks provides an opportunity to foster the physical, social and emotional

development of students.

Students are engaged in more vigorous physical activity.

Playworks provides services in the following schools:

CC Spaulding Glenn

WG Pearson

w Eastway Lakewood Y.E. Smith Eno Valley Merrick-Moore

Fayetteville St. Parkwood

The administration is presenting this item for discussion and subsequent board approval.


This contract is supported through local funds and school-based federal funds.

Purpose


Reviewed by: Finance: Attorney:

Playworks 2015-2016

Memorandum of Agreement

Instructional Services Committee

June 3, 2015

John McCain, Area Superintendent

Playworks Memorandum of Agreement Overview Direct Services • Provide the School with one coach 4 days per week for a total of 7 hours

for in-school and out-of-school programming (within an 8 hour timeframe) and a total of 4 hours of in-school programming

TeamUp Services • Provide the School with one site coordinator Monday through Friday for

one week out of every 4 weeks during the course of the school year, four days a week for a total of 5 to 7 hours for in-school and out-of-school programming and one day a week for a total of 4 hours of in-school programming

Scope of Services

• Provide a high quality, multi-faceted program to improve the health and well-being of children by increasing opportunities for physical activity and meaningful play

Funding Implications • Contract reduced from $351,000 to $298,000 (Cost savings of

$53,000) decreased from 13 schools to 11 schools • Contract paid with local funds and school-based federal funds • 3% discount if paid by September 30, 2015 (Cost savings of $8,940)

contract total $298,000 to $289,060

Direct Services Schools

• CC Spaulding • Eastway • Eno Valley • Fayetteville St. • Glenn • Lakewood • Merrick-Moore • Parkwood • WG Pearson • YE Smith

TeamUp School

• Sandy Ridge

R1039104.DOC

DURHAM PUBLIC SCHOOLS

CONTRACT FOR RECREATION SERVICES

This contract for recreation services (the “Contract”) is made and entered into this ___ day of

___________, 2015, between the Durham Public Schools (“DPS”) and Playworks (the

“Provider”), 119 Market Street, Durham, NC 27701.

For and in consideration of the mutual promises set forth in the Contract the parties do mutually

agree as follows:

1. Obligations of Provider. The Provider hereby agrees to provide services to DPS as

follows:

1.1 Provide a trained, program coordinator at each designated school site to increase

opportunities for physical activity and safe, meaningful play at the school.

1.2 Provide a program manager to supervise program coordinators.

1.3 Ensure program coordinators have consistent attendance and provide substitute

coordinators when available. In the event a program coordinator is absent for five

consecutive days, DPS shall be entitled to a prorated credit for the remainder of

the coordinator’s absence.

1.4 The program coordinator will be present on the site for 8 hours per day Monday

through Thursday (with one hour of total break time) and 4 hours per day on

Friday.

1.5 The program coordinator will provide programming for the following

components, which is discussed in more detail in the incorporated Statements of

Work:

1.5.1 Recess (all grades)

1.5.2 Class Game Time (all grades)

1.5.3 Junior Coach Program (Grades 4-6)

1.5.4 Out-of-School Programs (Grades 4-5)

1.5.5 Sports Leagues (Grades 4-5)

1.6 Maintain the equipment described in Paragraph 2.6.

1.7 Provide services at each school site as described in the attached Memoranda of

Understanding (“MOUs”), Attachments 1-11.

2. Obligations of DPS.

2.1 DPS hereby agrees to compensate Provider at a rate of $28,000 per site per year

for services rendered to students at ten (10) sites under the Direct Services

agreement and $18,000 per site per year for services rendered to students at one

(1) site under the Team Up agreement, as reflected in Attachments 1-11, with the

total payment not to exceed $298,000 per year. This amount shall be invoiced in

accordance with Paragraph 6. Provided that, if DPS pays, and Provider receives,

the amount of $289,060 by September 30, 2015, Provider will apply a 3%

discount to the original contract amount and consider the contract paid in full.

2.2 Designate a training session time at each site for Provider to meet with teachers

and staff regarding best practices and examples to implement opportunities for

R1039104.DOC

play and physical activities for students.

2.3 Provide adult supervision during recess periods.

2.4 Support the implementation of the programs outlined in Paragraph 1.5.

2.5 Principals at program school sites will participate in reasonable data collection.

2.6 Provide a basic set of playground equipment.

2.7 Provide workspace for the program coordinator as well as access to a computer

and the internet.

2.8 Support Provider at each site as described in the attached MOUs, Attachments 1-

11.

3. Term. The services described in the Contract will be provided from July 1, 2015,

through July 1, 2016.

4. Termination for Convenience. DPS or Provider may terminate this Contract at any time

at its complete discretion upon twenty (20) calendar days’ notice in writing to the other

party prior to the date of termination. In addition, all finished or unfinished documents

and other materials produced by the Provider pursuant to this contract shall, at the request

of DPS be turned over to it and become its property. If the contract is terminated by DPS

in accordance with this section, DPS will pay the Provider at the pro-rated daily rate for

all services performed as of the date of termination. If the contract is terminated by

provider in accordance with this section, provider will credit DPS for any payments made

for services not rendered past the time of termination.

5. Termination for Default. At any time, DPS may terminate this contract immediately

and without prior notice if provider is unable to meet goals and timetables or if DPS is

dissatisfied with the quality of services provided. Provider may terminate this contract

immediately if DPS is unable to meet the obligations as stated under section 2.

6. Terms and Methods of Payment. Provider shall submit to District semester invoices

itemized by school site for services provided, the number of hours worked and by whom,

the date(s) that services were provided, and the amount owed. DPS shall process

payments to Provider within forty-five (45) days of submission of such invoices.

Invoices should be sent to DPS at the attention of John R. McCain, 511 Cleveland St.,

P.O. Box 30002, Durham, N.C., 27702 for review and approval.

7. Contract Funding. It is understood and agreed between the Provider and DPS that

DPS’s payment obligation under this Contract is contingent upon the availability of

appropriated funds from which payment for Contract purposes can be made.

8. Insurance. The Provider agrees to maintain $1,000,000 in general liability and other

appropriate insurance, as well as Workers Compensation in the required statutory amount,

for all employees participating in the provision of services under this Contract.

Certificates of such insurance shall be furnished by the Provider to DPS and shall contain

the provision that DPS be given 10 days’ written notice of any intent to cancel or

terminate by either the Provider or the insuring company. Failure to furnish insurance

R1039104.DOC

certificates or maintain such insurance shall be a default under this contract and shall be

grounds for immediate termination of this Contract.

9. Taxes. The Provider shall pay all federal, state and FICA taxes for all employees

participating in the provision of services under this Contract.

10. Monitoring and Auditing. The Provider shall cooperate with DPS, or with any other

person or agency as directed by DPS, in monitoring, auditing, or investigating activities

related to this Contract. The Provider shall permit DPS to evaluate all activities

conducted under this contract as dictated by DPS. The Provider shall provide auditors

retained by DPS with access to any records and files related to the provision of services

under this Contract. DPS agrees that its auditors will maintain the confidentiality of any

trade secrets of Provider accessed during an audit conducted under this Contract. This

does not include provider employee personnel records.

11. Records and Confidentiality of Student Information. The Provider agrees that all

student records obtained in the course of providing services to DPS under this contract

shall be subject to the confidentiality and disclosure provisions of applicable federal and

state statutes and regulations, and DPS’s policies. All student records shall be kept in a

secure location preventing access by unauthorized individuals. Provider will maintain an

access log delineating date, time, agency, and identity of individual accessing student

records who is not in the direct employ of the Provider. Provider shall not forward to any

person other than parent or District any student record, including, but not limited to, the

student’s identity, without the written consent of the parent and District. Upon

termination of this Agreement, Provider shall turn over to District all student records of

District’s eligible students to whom Provider has provided services under this agreement.

12. Lunsford Act/Criminal Background Checks. The Provider shall conduct at its own

expense sexual offender registry checks on each of its employees, agents, ownership

personnel, or contractors (“contractual personnel”) who will engage in any service on or

delivery of goods to school system property or at a school-system sponsored event, except

checks shall not be required for individuals who are solely delivering or picking up

equipment, materials, or supplies at: (1) the administrative office or loading dock of a

school; (2) non-school sites; (3) schools closed for renovation; or (4) school construction

sites.. The checks shall include at a minimum checks of the State Sex Offender and

Public Protection Registration Program, the State Sexually Violent Predator Registration

Program, and the National Sex Offender Registry (“the Registries”). For the Provider’s

convenience only, all of the required registry checks may be completed at no cost by

accessing the United States Department of Justice Sex Offender Public Website at http://

www. nsopw.gov/. The Provider shall provide certification that the registry checks were

conducted on each of its contractual personnel providing services or delivering goods

under this Agreement prior to the commencement of such services or the delivery of such

goods. See Attachment 12. The Provider shall conduct a current initial check of the

registries (a check done more than 30 days prior to the date of this Agreement shall not

satisfy this contractual obligation). In addition, Provider agrees to conduct the registry

R1039104.DOC

checks and provide a supplemental certification before any additional contractual

personnel are used to deliver goods or provide services pursuant to this Agreement.

Provider further agrees to conduct annual registry checks of all contractual personnel and

provide annual certifications at each anniversary date of this Agreement. Provider shall

not assign any individual to deliver goods or provide services pursuant to this Agreement

if said individual appears on any of the listed registries. Provider agrees that it will

maintain all records and documents necessary to demonstrate that it has conducted a

thorough check of the registries as to each contractual personnel, and agrees to provide

such records and documents to the school system upon request. Provider specifically

acknowledges that the school system retains the right to audit these records to ensure

compliance with this section at any time in the school system’s sole discretion. Failure to

comply with the terms of this provision shall be grounds for immediate termination of the

Agreement. In addition, the school system may conduct additional criminal records

checks at the school system’s expense. If the school system exercises this right to

conduct additional criminal records checks, Provider agrees to provide within seven (7)

days of request the full name, date of birth, state of residency for the past ten years, and

any additional information requested by the school system for all contractual personnel

who may deliver goods or perform services under this Agreement. Provider further

agrees that it has an ongoing obligation to provide the school system with the name of any

new contractual personnel who may deliver goods or provide services under the

Agreement. The school system reserves the right to prohibit any contractual personnel of

Provider from delivering goods or providing services under this Agreement if the school

system determines, in its sole discretion, that such contractual personnel may pose a

threat to the safety or well-being of students, school personnel or others.

13. Indemnification. Provider shall indemnify, defend and hold harmless DPS, its agents,

and employees, from and against all claims, actions, demands, costs, damages, losses

and/or expenses of any kind whatsoever, in whole or in part, resulting from any acts

under this Contract or from the omission or commission of any act, lawful or unlawful, by

Provider, its agents and/or employees, including but not limited to court costs and

attorney’s fees incurred by Provider in connection with the defense of said matters.

14. Relationship of Parties. The Provider shall be an Independent Contractor of DPS and

nothing herein shall be construed as creating a partnership or joint venture; nor shall any

employee of the Provider be construed as an employee, agent or principal of DPS.

15. Compliance with Applicable Laws. Provider shall comply with all applicable laws and

regulations in providing services under this Contract. Provider represents that it is aware

of and in compliance with the Immigration Reform and Control Act, and that it will

collect properly verified I-9 forms from each employee providing services under this

Contract. Provider shall not employ any individuals to provide services to DPS who are

not authorized by federal law to work in the United States.

16. Applicable DPS Policies. Provider acknowledges that the Durham Public Schools Board

of Education has adopted policies governing conduct on DPS property and that these

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policies can be accessed on the internet at http://www.dpsnc.net/about-dps/district-

policies. Provider agrees to abide by any and all relevant DPS policies while on DPS

property.

17. Assignment. The Provider shall not assign, subcontract, or otherwise transfer any

interest in this contract without the prior written approval of DPS.

18. Contract Modifications. This contract may be amended only by written amendments

duly executed by and between DPS and the Provider.

19. North Carolina Law. North Carolina law will govern the interpretation and construction

of the Contract.

20. Entire Agreement. This Contract constitutes and expresses the entire agreement and

understanding between the parties concerning the subject matter of this contract. This

document and any other document incorporated in this Contract by reference including

the MOU for each school site supersede all prior and contemporaneous discussions,

promises, representations, agreements and understandings relative to the subject matter of

this contract. In the event of a conflict between this master agreement and the attached

MOUs, the terms of this master agreement will control.

21. Severability. If any provision of this Contract shall be declared invalid or unenforceable,

the remainder of the Contract shall continue in full force and effect.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and

year indicated below.

DURHAM PUBLIC SCHOOLS PLAYWORKS

By:_______________________________ By: __________________________

Heidi Carter, Chair Don Fowler, Executive Director

DATE ____________________________ DATE________________________

This instrument has been preaudited in the manner required by the School Budget and Fiscal

Control Act.

_______________________________ __________________________

Aaron Beaulieu, Chief Finance Officer Date

http://www.dpsnc.net/about-dps/district-policies

http://www.dpsnc.net/about-dps/district-policies

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Attachment 12

Sexual Offender Registry Check Certification Form

Check the appropriate box to indicate the type of check:

□ Initial

□ Supplemental

□ Annual

I, _______________ (insert name), ______________ (insert title) of ____________ (insert

company name) hereby certify that I have performed all of the required sexual offender registry

checks required under this Agreement for all contractual personnel (employees, agents,

ownership personnel, or contractors ) who may be used to deliver goods or provide services

under this Agreement, including the North Carolina Sex Offender and Public Protection

Registration Program, the North Carolina Sexually Violent Predator Registration Program, and

the National Sex Offender Registry. I further certify that none of the individuals listed below

appears on any of the above-named registries and that I will not assign any individual to deliver

goods or perform services under this Agreement if said individual appears on any of the sex

offender registries. I agree to maintain all records and documents associated with these registry

checks, and that I will provide such records and documents to the school system upon request. I

specifically acknowledge that the school system retains the right to audit these records to ensure

compliance with this section at any time in the school system’s sole discretion. I acknowledge

that I am required to perform these checks and provide this certification form before any work is

performed under the Agreement (initial check), any time additional contractual personnel may

perform work under the Agreement (supplemental check), and at each anniversary date of the

Agreement (annual check).

Contractual Personnel Names Job Title

1. ________________________ ________________________

2. ________________________ ________________________

3. ________________________ ________________________

4. ________________________ ________________________

5. ________________________ ________________________

(attach additional page(s) if needed)

I attest that the forgoing information is true and accurate to the best of my knowledge.

_____________________ (print name) _____________________ (signature)

_____________________ (title) ______________________ (date)

Date: June 8, 2015



PRECIS

Agenda Item: Superintendent’s Code of Student Conduct Task Force Update

Staff Liaison Present: Dr. Deborah Pitman Phone: (919) 560-2554

Elizabeth Shearer (919) 287-4193

Community Liaison Present: Elaine Bushfan

Main Points:

Co-chairs of the Superintendent’s Code of Student Conduct Task Force will present the

progress to date of the Task Force whose purpose is to review the Code of Conduct and to

provide policy recommendations to the Board of Education.

The Task Force is led by co-chairs Elizabeth Shearer, Executive Director of Student Support

Services and Elaine Bushfan, Chief Court Judge. Membership includes over 40

representatives from across the community and school district including parents, faith-based

organizations, nonprofit organizations, representatives from higher education, courts, law

enforcement, teachers, administrators, Exceptional Children’s Program, Prevention Services,

and counselors.

This update of provided for information.


None

Purpose


Reviewed by: Finance ___ Attorney ___

1

Superintendent’s Code of Student Conduct Task Force Update


June 8, 2015

Elizabeth Shearer Executive Director

Task Force Co-Chair

Elaine Bushfan Chief Court Judge

Task Force Co-Chair

Task Force Membership

• Durham Public Schools teachers, principals and district personnel

• Durham County community members: DPS family members, faith-based representatives, law enforcement, court personnel, nonprofit organizations, higher education membership, mental health representatives

2

Input Secured from Multiple Stakeholder Groups

• Superintendent’s Teacher and Principal Advisory Councils • Teacher Forums • Student Focus Groups

o Superintendent’s High School Student Advisory Council o Middle School Advisory Council

• District Leadership Meetings (Area Academies) • May 2015 Partners Against Crime and Department of

Housing Authority meetings (surveys being completed) • Community Conversations 2013 • School visits by community Task Force members

Task Force Work: February - May 2015

Understanding and analysis of: o Policy 4300 Student Discipline

o Policy 4301 Code of Student Conduct

o Policy 4303 Suspension and Expulsion

Guiding Documents: o Codes of Student Conduct in Oakland Unified School District, New York City,

Charlotte-Mecklenburg Schools, Chicago Public Schools, Philadelphia, and Wake County Schools

o Evaluating the Use of Out-of-School Suspension in Durham Public Schools (Vigdor, 2014)

o Guiding Principles: A Resource Guide for Improving School Climate and Discipline, US Department of Education, 2014

o Instead of Suspension: Alternative Strategies for Effective School Discipline, Duke Center for Child and Family Policy and Duke Law School, 2015

Task Force adopted the following guiding principles on which to base policy recommendations

Policy will exemplify: • High expectations for behavior; instructional approach; • Involvement of families, students, and school personnel in

development and implementation of discipline policies; regular and clear communication;

• Clear, developmentally appropriate, and proportional consequences;

• Appropriate procedures for students with disabilities and due process for all;

• Last resort removal of students; return as soon as possible; alternative settings provide instruction.

6

Timeline for Next Steps

JUN. • Day 1: Culture and Key Facts documents for Opening of

2015-16 school year

AUG. • Day 2: DRAFT policy writing 4300 and 4301

SEP. • Report back on summer work and DRAFT policy writing

review

OCT. • Finalize policy recommendations

NOV. • BOE 1ST presentation

DEC. • BOE final policy revision recommendations

Discussion

Date: June 8, 2015



PRECIS

Agenda Item: Career and Technical Education – Computer Purchases

Staff Liaison Present: Rick Sheldahl Phone # 560-3753

Main Points:

Remaining months of employment (MOEs) were scheduled to be transferred to the

district for covering CTE teachers whose licensure requirements are not met. State

controls limited the transfer to 35 MOEs which left 58 MOEs to be expended by CTE.

Funds are being expended via the attached table. Since greater than $90,000 is being

spent with a single vendor (Lenovo), BOE approval is required.

Administration submits this program for discussion and subsequent approval.

Fiscal/Goal Implications:

Will be supported by Federal funds.

Purpose


Reviewed by: Finance __________ Attorney __________

Amount Available $356,275.00

1 5120 014 462 306 COMPUTER EQUIPMENT NON CAPITALIZED; Brogden

$37,862.00 40 Lenovo Desktops with monitors (968.58 for each system)

1 5120 014 462 312 COMPUTER EQUIPMENT NON CAPITALIZED; Jordan

$75,975.63 50 Lenovo M83 Desktops without monitors (807.33 for each system); 25 Lenovo T450 ($1325 each)

1 5120 014 462 355 COMPUTER EQUIPMENT NON CAPITALIZED; Neal

$80,711.68 100 Lenovo M83 Desktops without monitors (807.33 for each system)

1 5120 014 462 323 COMPUTER EQUIPMENT NON CAPITALIZED; DSA

$31,052.40 26 Lenovo Desktops with 52 monitors (1111.00 for each system)

1 5120 014 462 368 COMPUTER EQUIPMENT NON CAPITALIZED; SSES

$80,232.63 85 Lenovo M83 Desktops without monitors (807.33 for each system)

1 5120 014 418 000 COMPUTER SOFTWARE & SUPPLIES

$19,273.08 Purchase of required software for new computer systems

1 5120 014 411 701 Vex $13,467.76 VEX kits to support expansion of Robotics at HNT

1 5120 014 461 000 printers for CDC/SPC $3,721.68 CDWG

1 5120 014 411 000 Toner for CDC/SPC printers $3,956.30 CDWG

1 5120 014 411 323 Maya's supplies $1,674.79 Camcor

1 5120 014 461 323 Maya’s Supplies $3,760.35 Camcor

1 6120 014 461 000 Printer for Central Office $1,237.21 CDWG

Remaining Funds $3349.49