AGENDA - Durham Public Schools · Date: June 8, 2015 Durham Public Schools SUPPORT SERVICES...
Transcript of 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
Support Services Committee
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.
Page 2 | 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
Public Comment: None
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
Public Comment: None
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
Information Discussion Action Consent
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.
Fiscal Implications:
These efforts are supported by federal funds.
Purpose
Information Discussion Action Consent
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.
Professional Service Contract – v.2 Page 2 of 8
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
Professional Service Contract – v.2 Page 3 of 8
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
Professional Service Contract – v.2 Page 4 of 8
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
Professional Service Contract – v.2 Page 5 of 8
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.
Professional Service Contract – v.2 Page 6 of 8
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)
Professional Service Contract – v.2 Page 7 of 8
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
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 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
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, 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.
Professional Service Contract – v.2 Page 8 of 8
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
Durham Public Schools
Support Services Committee
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.
Fiscal Implications:
This contract is supported through local funds and school-based federal funds.
Purpose
Information Discussion Action Consent
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
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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
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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
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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
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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
Durham Public Schools
SUPPORT SERVICES COMMITTEE
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.
Fiscal Implications:
None
Purpose
Information Discussion Action Consent
Reviewed by: Finance ___ Attorney ___
1
Superintendent’s Code of Student Conduct Task Force Update
Support Services Committee
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
Durham Public Schools
SUPPORT SERVICES COMMITTEE
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
Information Discussion Action Consent
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