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Chapter 7 - School Budget System

Chapter 7.0 Table of Contents


7.10 SCHOOL BUDGET SYSTEM

  1. The Superintendent shall prepare and maintain an annual District budget in a fiscally sound manner prescribed by the State Board of Education. In formulating the budget, the Superintendent shall take into consideration the immediate and long range needs of the District’s school system and student achievement data obtained pursuant to Florida Statutes. The Superintendent shall submit the proposed annual budget to the School Board for review. The School Board shall adopt a balanced budget in accordance with Florida Statutes and submit it to the State on or before the date prescribed in State Board of Education rules or established by the Commissioner. In order to ensure appropriate preparation and management of the District budget, the Superintendent or the Superintendent’s designee is authorized to develop and implement appropriate budgetary accounting and record keeping procedures consistent with mandatory federal and state laws, rules, and regulations and with School Board rules. The Superintendent shall use the following guidelines in preparing the budget for School Board consideration and adoption:
    1. Balanced General Operating Fund Budget. The operating budget should be prepared to be in compliance with Chapter 1011, Florida Statutes.
    2. Minimum General Operating Fund Balance Budget. The District shall endeavor to maintain a minimum fund balance budget in compliance with Section 1011.051, Florida Statutes. An unaudited monthly General Fund Balance Report will be provided to the Board.
    3. Goals and Objectives. The budget shall be related to the goals, objectives, and strategic plan of the District’s programs and initiatives. To assure equity among schools, program elements, personnel and other resources shall be allocated on a formula basis or by other equitable means.
  2. The District shall comply with the classification requirements for fund balance in accordance with governmental accounting standards. The components of the fund balance shown on the District’s financial statements shall be:
    1. Non-Spendable Fund Balance. The non-spendable fund balance shall include items that are not in spendable form.
    2. Restricted Fund Balance. The restricted fund balance shall include items subject to externally enforceable legal restrictions and restrictions imposed by donors.
    3. Committed Fund Balance. The committed fund balance will include amounts which are committed for a specific purpose by formal School Board action, and which cannot be removed from this category without formal School Board action.
    4. Assigned Fund Balance. The assigned fund balance includes amounts which are assigned for the intended use of the Board or by delegation to the Superintendent or the Superintendent’s designee.
    5. Unassigned Fund Balance. The unassigned fund balance shall be the excess of total fund balance over the total sum of non-spendable, restricted, committed and assigned fund balances. Fund balance classifications depict the nature of the net resources that are reported in a governmental fund. An individual governmental fund may include non-spendable resources and amounts that are restricted, committed, assigned, or unassigned amounts.
  3. The District elects to prioritize the use of its spendable fund balance as follows:
    1. Restricted amounts are to be considered first to accomplish the intended use of such funds;
    2. Committed amounts to the extent the specified purpose of such commitment has been met;
    3. Assigned amounts to the extent the specified purpose of such assignment has been met; and
    4. Unassigned amounts that are the residual funds of the General Fund.
  4. Pursuant to Section 1b above, the Superintendent shall budget an amount equal to 3% of the total estimated revenue (excluding transfers) for the General Operating Fund as an unassigned amount to be set aside for use in an emergency situation. During the review of the proposed budget, the Superintendent shall make a recommendation to the Board, and upon agreement shall set aside an additional unassigned budget amount greater than 3% up to 5% for use in an additional emergency situation. The circumstances which constitute an emergency are nonroutine in nature and unforeseen, and specifically include the following:
    1. Failure to pay loans or debt service when due as a result of lack of funds;
    2. Failure to pay uncontested claims to creditors within ninety (90) days due to lack of funds;
    3. Failure to transfer taxes, social security or retirement/benefits for employees; and
    4. Failure for one pay period to pay wages, salaries or retirement benefits to employees.
  5. Except as provided in Section 2, it is the intent that these guidelines shall be controlling unless unusual circumstances indicate otherwise. In such instances, any variances from the guidelines will be highlighted and explained by the Superintendent prior to the adoption of the budget or prior to any budget amendment (resolution) of the budget.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 1001.43, 1001.51, 1008.22, 1008.34, 1008.385, 1010.01, 1010.04, 1011.01, 1011.24, 1013.61, F.S. STATE BOARD OF EDUCATION RULE(S): 6A-1.004, 6A-1.007, 6A-1.0071 HISTORY: ADOPTED: April 1, 1997 REVISION DATE(S): 11/10/08 09/02/14 05/08/2017 05/07/2019 FORMERLY: DB

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7.12 BUDGET AMENDMENTS

The Superintendent shall ensure that all District obligations and expenditures are within the appropriation allowed in the District school budget and:

  1. Shall propose a budget amendment for the School Board's consideration when the function and object amounts in the accounts prescribed by the State Board of Education for the budget form are changed in the original budget approved by the School Board. Budget amendments shall be aggregated and presented in the form of an agenda item approximately two weeks prior to the Board meeting each month. Budget amendments consolidated after that time period shall be processed and placed on the agenda for the following month in the normal amendment cycle.
  2. May authorize an expenditure temporarily which exceeds the amount budgeted by function and object provided the School Board subsequently approves the expenditure and amends the budget at the next scheduled public meeting. In situations where a budget category is temporarily exceeded, District personnel will process a budget amendment to correct the situation. If the need for an amendment has not been identified at the end of the month the amendment shall be processed in the following month and School Board approval obtained at the next scheduled public meeting.
  3. Authorized to approve tentatively, budgetary amendments for fund centers. Such amendments shall be consolidated in the normal amendment cycles and presented for School Board approval at the next scheduled public meeting.
  4. The District School Board must provide a full explanation of any amendments at the public meeting.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 1001.42, 1001.51, 1010.01, 1010.04, 1011.05, 1011.06, 1011.07, 1011.60, F.S. STATE BOARD OF EDUCATION RULE(S): 6A-1.007 HISTORY: ADOPTED: APRIL 1, 1997 REVISION DATE(S): NOVEMBER 10, 2008; MAY 8, 2017; MARCH 5, 2019 FORMERLY: DBJ  

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7.14 APPLICATIONS FOR LOCAL, PRIVATE, STATE OR FEDERALLY FUNDED PROGRAMS

It is the objective of the Board to provide fair and equitable educational opportunities for all students within the District, as outlined in policy 1.22 and 10.10; therefore, the School Board encourages the Superintendent to seek funds, goods, and/or services from all available sources for the support of existing programs, development of new instructional techniques, evaluation of program effectiveness, and for other purposes that will improve educational opportunities, the educational environment, and the physical and mental growth for students enrolled in the District.

The Superintendent shall approve each such proposal and notification to bid prior to its submission, and provide timely notification to the Board of the intent to apply for grant applications exceeding $75,000. The notification shall include the following information:

  1. Grant Title
  2. Grantee
  3. Intended Purpose
  4. Requested Amount
  5. Statement of Impact to District Budget

All local, private, Federal and State funds received by the District will be used in accordance with the applicable Federal and State law. The Superintendent shall develop and update administrative procedures as necessary to implement this policy.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 1001.32, 1001.42, 1001.51, 1010.01, 1010.04, 1011.06, 1011.07, F.S. STATE BOARD OF EDUCATION RULE(S): 6A-1.006 HISTORY: ADOPTED: April 1, 1997 REVISION DATE(S): 11/10/08 11/04/14 FORMERLY: DD

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7.20 ACCOUNTING AND CONTROL PROCEDURES

  1. The financial records and accounts of the School Board shall be kept by the Superintendent on forms and in the manner prescribed by the Commissioner in the publication titled: “Financial and Program Cost Accounting and Reporting for Florida Schools,” as set forth in the rule(s) adopted by the State Board of Education.
  2. The Superintendent shall develop and the School Board approve, procedures under which any funds under their controls are allowed to be transmitted by electronic transactions.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 215.85, Chapter 668, 1001.43, 1001.51, 1010.11, 1011.60, 1011.62, F.S. STATE BOARD OF EDUCATION RULE(S): 6A-1.001, 6A-1.011 HISTORY: ADOPTED: April 1, 1997 REVISION DATE(S): 11/10/2008 05/08/2017 FORMERLY: DIC

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7.29 DEBT MANAGEMENT

  1. Purpose. The purpose of this Policy is to establish guidance for incurring and managing the debt of the School District. Such debt includes short-term and long-term obligations incurred by the School Board and any associated financing entities, such as traditional financing vehicles similar to tax-anticipation, revenue anticipation or bond anticipation notes; capital and operating leases; general obligation bonds; sales tax bonds; capital appreciation bonds and certificates of participation. The Policy also contemplates other financing concepts such as Build America Bonds (BABs), Qualified Zone Academy Bonds (QZABs) and Qualified School Construction Bonds (QSCBs) as well as other financial management tools that may evolve in the future.
  2. Authority. The Chief Financial Officer on behalf of the Superintendent shall be responsible for the implementation of this Policy.
  3. Permissible Debt. The Board recognizes that debt is an integral part of the District’s ongoing financial management program; and both short-term and longterm debt help the District accomplish its core goals, objectives, and strategic plans.
    1. Short Term Debt
      1. In accordance with applicable laws such as sections 1011.12(2), 1011.13, 1011.14, and 1011.15, Florida Statutes, the District may issue obligations with a maturity of not more than one year (“Notes”) to fund anticipated short-term cash flow needs due to the timing of the receipts of the annual current year ad valorem tax collections from the county tax collector and other revenues used to finance capital improvements. This includes but is not limited to Tax Anticipation Notes (TANs), Revenue Anticipation Notes (RANs) (RANs may be extended from year to year for a period not to exceed 4 years or for a total of 5 years including the initial year of the loan), Bond Anticipation Notes (BANs) and any other financing as approved by the Board in accordance with the Florida Statutes referenced. The principal of the Notes and the interest thereon will be payable from, and secured by, a pledge of such ad valorem taxes and other revenues, as may be appropriate.
      2. The District will comply with the requirements of the Internal Revenue Service Code of 1986 as amended (“Code”), prior to and subsequent to the issuance of the Notes, for spending the proceeds in a manner consistent with interest on the Notes being excluded from the gross income of the holders thereof for federal income tax purposes except for any issuance of taxable obligations.
    2. Long Term Debt
      1. In accordance with applicable laws such as chapters 1010, 1011, and 1013 Part IV, Florida Statutes and the Code, the District will not issue long-term debt obligations or use long-term debt proceeds to finance current operations (except when using excess proceeds to make debt service/lease payments as provided for in the financing documents). For purposes of this Policy, long-term debt includes bonds, leases, certificates of participation and other similar obligations.
      2. The District may utilize long-term debt for the acquisition of land and the acquisition, construction or renovation of facilities or, consistent with Florida law, for the acquisition of equipment, AV materials and opening day library books. The District may also issue long-term debt to refund all or a portion of its outstanding debt subject to limitations detailed in this Policy.
      3. When debt is used to finance capital improvements, the financing term will be for a period not to exceed 120% of the useful life of the facilities or equipment but never greater than 25 years.
  4. Measures of Debt Levels and Debt Issuance Limits
    1. Short Term Debt. The District will not exceed the maximum allowable issuance size, if any, as determined by regulations governing the federal taxability of the interest earned by holders of such debt.
    2. Long Term Debt
      1. General Obligation Bonds. The measure shall be the outstanding debt-to-taxable property ratio, such that a bond issue, together with other school bonds outstanding against the District shall not exceed 10% of the total assessed valuation of the County.
      2. Certificates of Participation. The measure shall be lease payments as a percentage of capital outlay millage dollars and shall not exceed the statutory amount authorized for capital outlay millage.
      3. Sales Tax Revenue Bond. The issuance of any such debt shall be subject to the provisions of the Sales Tax Bond Resolution as adopted.
      4. Other. In accordance with Florida Statutes and upon approval from the Board, the District may issue other long term financings for various initiatives that may arise.
  5. Selecting Debt Sale Methods
    1. Short Term Debt. Short-term debt shall be issued through a competitive bid process, except in instances where a private placement or a negotiated sale in the opinion of District staff in consultation with the District’s Financial Advisor is more cost effective because of unique market conditions or other extraordinary factors.
    2. Long Term Debt. The District shall select an underwriting team through a competitive request for proposal process to assist the District with the issuance of long term debt and implementation of its capital plan. The District and its Financial Advisor will determine the appropriate method of sale and the appropriate number of firms to include from the underwriting team for each issue after considering such factors as the size, complexity of the offering, market conditions and timing of the transaction.
  6. Financing Structure. The financing structure, consisting of matters such as principal amortization, call provisions, coupons/yields, and credit enhancements will be developed for each financing after considering relevant market conditions and then current practices. Each structure will be developed to provide the lowest long-term effective financing cost while providing the greatest flexibility to extract additional value as market conditions change over time (such as refunding debt).
  7. Amortization Structure. Principal should be structured to provide level debt service payments for the Debt program. “Wrapped debt service” and “bullet maturities” may be appropriate for certain financings, but should only be employed for short term payment relief or when determined by the Financial Advisor to provide a long term benefit to the District’s capital program.
  8. Issuing Variable Rate Debt. The District may issue variable rate obligations in amounts, and in proportion to its fixed-rate debt, that the District, with the advice and counsel of the District’s Financial Advisor, determines to be appropriate to achieve the District’s goals.
  9. Credit Ratings. Because the credit review process incorporates both quantitative analysis (fund balance, debt levels, and financial health) and qualitative factors (management experience, political climate, and policies/procedures), the District recognizes that credit ratings provide an indication of both the short-term and long-term financial health of the District and that higher credit ratings also result in reduced borrowing costs and decreased cost of bond insurance. Accordingly, the District will exercise prudence and diligence in preparing its budget and managing its finances to maintain its current ratings and obtain ratings that reflect the District’s commitment to excellence.
  10. Credit Enhancements. Credit enhancements (such as insurance and letters of credit) will be used only in those instances where the anticipated present value savings in terms of reduced interest expense exceeds the cost of the credit enhancement or when such credit enhancement is an integral part of the overall financing structure.
  11. Investing Debt Proceeds. Because safety of capital is regarded as the highest priority in handling of investment of debt proceeds, and all other investment objectives are secondary to the safety of capital, District staff will follow investment strategies that are consistent with the written Investment Policy 7.37 and section 218.415, Florida Statutes, and provide the maximum return while complying with the requirements of the Code and investment statutes for each offering.
    1. The District, with the guidance of the District’s Investment or Financial Advisor will attempt to structure investments that allow the District to meet exceptions to the rebate requirements in section 148(f) of the Code.
    2. Debt proceeds are only to be invested in permitted investments, as defined in financing agreements, escrow agreements, resolutions, law, and the School Board’s Investment Policy 7.37. Neither the District nor any person under its control or direction will make any investment of bond proceeds in any manner that would cause the bonds to be deemed private activity bonds or arbitrage bonds by the IRS under Sections 141 or 148 of the Code. The District will comply with all federal tax arbitrage regulations.
  12. Debt Refundings. The District will monitor outstanding debt in relation to existing conditions in the debt market and may refund any outstanding debt when sufficient cost savings can be realized. The goal of refunding outstanding debt is a net present value savings equal to or greater than 3% of the refunded obligation’s par value unless otherwise recommended by the Chief Financial Officer and District’s Financial Advisor. The Chief Financial Officer and the District Financial Advisor may recommend debt refunding below the 3% goal when the refunding is in the best interest of the District.
  13. Compliance and Reporting.
    1. Disclosure Policy. The District will provide full and fair disclosure in connection with the initial sale and distribution of its publicly-marketed debt instruments and provide ongoing secondary market information in compliance with the requirements of applicable federal and state securities laws and regulations, including Securities and Exchange Commission Rule 15c 2-12.
    2. Budgeted Debt Service Payments. Annually the Superintendent will include in the proposed budget presented to the Board for its consideration and approval the appropriations necessary to make the required debt service and lease payments during the fiscal year.
    3. Compliance with Financing Covenants and the Law. The District shall comply with all covenants and requirements of financing resolutions, and applicable state and federal laws authorizing and governing the issuance and administration of debt obligations.
    4. Bond Yield Arbitrage Monitoring. The District shall contract for arbitrage calculation services to monitor the earnings on its debt proceeds for each debt series and determine whether a rebate is necessary.
  14. Database. In addition to the note to the financials in the Comprehensive Annual Financial Report the Chief Financial Officer will maintain information of existing debt obligations.

STATUTORY AUTHORITY: 1001.41, 1001.42, 1001.43, F.S. LAW(S) IMPLEMENTED: 218.385, 218.415, 1001.41, 1001.42, 1010.47, 1011.12-1011.16, F.S. HISTORY: ADOPTED: August 5, 2014 REVISION DATE(S): 05/08/2017 05/07/2019 FORMERLY: NEW

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7.30 EDUCATIONAL ENHANCEMENT FUNDS

  1. Lottery Trust Fund Allocations (enhancement funds) received from state proceeds will be used to provide educational opportunities based on the needs of students, as determined by the School Board or as required to be distributed by state law, and consistent with proviso language included in the annual state appropriations bill or other state requirements.
  2. Enhancement funds may be utilized to:
    1. Maintain approved programs.
    2. Develop and implement school improvement plans.
    3. Supplement school funding through the expansion of existing programs.
    4. Enhance equipment or facilities as permitted by state law.
    5. Provide financial awards for School Recognition.
    6. Provide such other services, programs, or distribution as may be required or permitted by state law or regulations. Such services or programs shall be identified during the annual budget adoption process by the Board.
  3. Enhancement funds provided directly to schools shall be subject to annual audit to assure compliance with state law and sound business practice.

STATUTORY AUTHORITY: 1001.42, F.S. LAW(S) IMPLEMENTED: 1001.43, 1011.62, F.S. ANNUAL STATE APPROPRIATIONS ACT STATE BOARD OF EDUCATION RULE(S): 6A-1.001, 6A-1.011 HISTORY: ADOPTED: April 1, 1997 REVISION DATE(S): 11/10/08 FORMERLY: DF

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7.31 SCHOOL FOOD SERVICE FUNDS

School food service funds shall be considered Special Revenue funds, but shall be subject to all requirements applicable to the District School Fund such as budgeting, accounting, reporting, and purchasing unless specific requirements are established by Federal or State laws, rules or regulations.

Any loss of records, cash, or supplies through theft or otherwise shall be reported immediately to the Food Service Operations office. Such losses shall be itemized and a copy of the report submitted with the regular reports.

Funds shall be collected and expended in compliance with United States Department of Agriculture and State Board of Education and State Department of Agriculture and Consumer Services rules.

The Superintendent shall develop written procedures for conducting the District’s food service program.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: Chapter 595, F.S., and ss. 1001.43, 1010.05, 1010.20, F.S. STATE BOARD OF EDUCATION RULE(S): 6A-1.001, 6A-1.085, 6A-1.087, 6A-1.091, and Chapter 5P-1, F.A.C. HISTORY: ADOPTED: April 1, 1997 REVISION DATE(S): 08/05/14 10/02/12 11/10/08 FORMERLY: DIB

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7.32 INTERNAL FUNDS

  1. Definition. Internal funds are defined as all monies collected and disbursed by school personnel within a school for the benefit of the school or a school-sponsored activity. Internal funds shall be considered as unbudgeted public funds except as provided in the School Board policy entitled "Advancement to School Internal Funds” and shall be under the control and supervision of the School Board with the principal having responsibility as prescribed by the School Board.
  2. Governance Provisions. The collecting and expending of school internal funds shall be in accordance with Florida Statutes, State Board of Education Rules, School Board Policies, and the Financial and Program Cost Accounting and Reporting for Florida Schools manual published by the Florida Department of Education. Sound business practices shall be observed.
  3. Administration. Internal funds shall be classified in accordance with the several activities of the school having funds. Depositories may be established using any institution authorized to hold public funds. When a depository balance exceeds the insurance protection or other legal collateral limits as set by federal law, an additional account or accounts shall be opened in another institution.
  4. Responsibilities. The School Board will:
    1. Require that written procedures and rules governing the receipt, use, and accounting of internal funds be developed and approved by the Board and are consistent with state law and regulations.
    2. Require that internal funds be used for legal public purposes.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 1001.43, 1011.07, 1011.18, F.S. STATE BOARD OF EDUCATION RULE(S): 6A-1.001, 6A-1.085, 6A-1.087, 6A-1.091 HISTORY: ADOPTED: APRIL 1, 1997 REVISION DATE(S): 11/10/08 FORMERLY: DIB  

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7.33 ADVANCEMENTS TO SCHOOL INTERNAL FUNDS

The School Board may advance funds to individual school internal funds in amounts not to exceed twenty-five percent (25%) of the allocation originally budgeted for each school for basic educational supplies, exceptional education supplies, vocational supplies, pupil personnel service supplies, instructional media service supplies, school administration supplies, and operation of plant supplies.

Other budgeted funds may be advanced by warrant to individual school internal funds with the approval of the Superintendent or the Superintendent’s designee. The decision to advance monies will be made on a case by case basis for the purpose of facilitating efficient payment of current obligations in accordance with Florida Statutes, State Board of Education Rules, and School Board Policy. In the month of May, the Superintendent will make an annual report to the School Board of advancements made to school for the fiscal year.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 1001.32, 1001.41, 1001.42, F.S. HISTORY: ADOPTED: APRIL 1, 1997 REVISION DATE(S): 10/07/03; 11/10/08; 05/08/17; 05/07/19 FORMERLY: DIB    

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7.34 PETTY CASH FUNDS

  1. District Funds – Petty Cash. The School Board authorizes the use of petty cash funds to make expenditures for central administrative offices and school centers. These funds shall be accounted for separately from other funds. An itemized receipt shall be kept for each petty cash expenditure and all expenditures shall be recorded in the school year incurred. Any remaining petty cash funds shall be returned to the District's General Fund on or before the close of each school fiscal year if the office is not operated year round. Petty cash funds shall be established for the District Department as designated by the Superintendent or the Superintendent’s designee in amounts not to exceed $500.
  2. Schools Internal Accounts – Petty Cash. School principals may also establish and control petty cash from internal accounts funds in amounts not to exceed:
    1. One hundred dollars ($100.00) for elementary schools; and
    2. Three hundred dollars ($300.00) for secondary.
  3. Cash Change Funds. Cash Change Funds may be established in amounts not to exceed:
    1. Two hundred dollars (200.00) for instructional change funds in career academies for each of the following programs: food production and culinary arts, cosmetology, and horticulture;
    2. Three hundred dollars ($300.00) for each elementary school activity or event;
    3. One thousand dollars ($1,000.00) for each secondary school activity or event; and
    4. Five hundred dollars ($500.00) for each District activity or event.

Change funds should be secured by the designated custodian at the conclusion of each activity or event.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 1001.32, 1001.41, 1001.42, F.S. STATE BOARD OF EDUCATION RULE(S): 6A-1.001 HISTORY: ADOPTED: DECEMBER 15, 1998 REVISION DATE(S): 11/10/08; 05/08/17; 05/07/19 FORMERLY: DIB    

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7.35 PROMOTION AND PUBLIC RELATIONS FUNDS

The Superintendent may authorize expenditures for purposes of promotion, public relations activities and hospitality, as set forth herein. Such expenditures are restricted as to the source of funds, amount of annual expenditures and conditions for expenditures, as set forth herein and as limited by law or regulations.

Expenditures shall be made from auxiliary enterprises and undesignated donations for promotion and public relations to the District.

Expenditures may include promotion and public relation activities and hospitality of business quests provided they will directly benefit or are in the best interest of the District. Such activities may include, but not be limited to, graduation, visiting committees, orientation and work conferences of staff or school related groups, recruitment of employees, official meetings and receptions, guest speakers, accreditation studies or other developmental activities.

Expenditures for hospitality of business guests shall be limited to the maximum permitted by state law and rule.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 1001.43, 1010.08, F.S. STATE BOARD OF EDUCATION RULE(S): 6A-1.0143 HISTORY: ADOPTED: APRIL 1, 1997 REVISION DATE(S): 11/10/08; 05/07/19 FORMERLY: DIB    

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7.36 INVESTMENT OF TEMPORARILY IDLE FUNDS

STATUTORY AUTHORITY: 1001.42, F.S. LAW(S) IMPLEMENTED: CHAPTER 280, 1001.42, 1001.43, 1011.18, 1011.22, F.S.  HISTORY: ADOPTED: APRIL 1, 1997 REVISION DATE(S): 11/10/08 REPEALED: 08/05/14 FORMERLY: DFAA     

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7.37 INVESTMENT MANAGEMENT

I.               PURPOSE

 

The purpose of this Investment Policy (the “policy”) is to set forth the investment objectives and parameters of managing public funds for the School Board of Duval County (the “Board”). These policies are designed to ensure the prudent management of public funds, the availability of operating and capital funds when needed, and an investment return competitive with comparable funds and financial market indices.

 

II.             SCOPE

 

In accordance with Section 218.415, Florida Statutes, this investment policy applies to all financial assets of the Board with the exception of funds related to the issuance of debt where there are other existing policies or indentures in effect for such funds.

 

III.            INVESTMENT OBJECTIVES

 

Safety of Principal The foremost objective of this investment program is the safety of the principal of all the Board’s funds (hereafter the “portfolio”) that are governed by this policy. Investment transactions shall seek to be consistent with the other investment objectives, which are to keep capital losses at a minimum, whether they are from securities defaults or erosion of market value. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio.

 

Maintenance of Liquidity The portfolio shall be managed in such a manner that funds are available to meet reasonably anticipated cash flow requirements in an orderly manner. Periodic cash flow analyses will be completed in order to ensure that the portfolio is positioned to provide sufficient liquidity.

 

Return on Investment The portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. However, return is attempted through active management where the Investment Advisor utilizes a total return strategy (which includes both realized and unrealized gains and losses in the portfolio). This total return strategy seeks to increase the value of the portfolio through reinvestment of income and capital gains. The core of investments is limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Despite this, an Investment Advisor may trade to recognize a loss from time to time to achieve a perceived relative value based on its potential to enhance the total return of the portfolio.

 

IV.           INVESTMENT POLICY GUIDELINES

In accordance with Section 218.415, Florida Statutes, the Superintendent or the Superintendent’s designee shall create and implement investment guidelines for each of the following in order to effectuate the purpose of this Policy:

 

    • Performance Measurement
    • Delegation of Authority
    • Prudence, Ethics, and Conflicts of Interest
    • Internal Controls
    • Continuing Professional Education
    • Authorized Investment Institutions and Dealers
    • Maturity and Liquidity Requirements
    • Risk and Diversification
    • Competitive Section of Investment Instruments
    • Authorized Investments and Portfolio Composition
    • Derivatives and Reverse Repurchase Agreements
    • Safekeeping and Third Party Custody of Investments
    • Master Repurchase Agreement
    • Purchase or Sale of Securities
    • Reporting
    • Audits
    • Investment Policy Adoption

 

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 215.472, 216.011, 218.403, 218.415, Chapter 280, 1001.42, 1001.51, 1011.18, 1011.19, 1011.22, F.S. HISTORY: ADOPTED: May 6, 2003 REVISION DATE(S): 11/10/08; 04/07/2015; 05/07/2019; FORMERLY: DFA

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7.38 INDEBTEDNESS CREATED AGAINST A SCHOOL OR THE SCHOOL BOARD

Any school employee or other person shall be personally liable for creating any bill or indebtedness against a school or against the School Board unless authority exists under duly adopted policy of the School Board or unless authorized in writing by the Superintendent. Any employee violating the provisions of this rule shall be subject to cancellation of his/her contract or dismissal from employment.

STATUTORY AUTHORITY: 1001.41, F.S. LAW(S) IMPLEMENTED: 1001.43, 1012.22, F.S.  HISTORY: ADOPTED: APRIL 1, 1997 REVISION DATE(S): 11/10/08 FORMERLY: GBEB     

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7.39 BONDED PERSONNEL

Each Board member, the Superintendent and any employee of the School Board who is responsible for school funds or property shall be placed under a bond or insured in an amount to be determined by the School Board as provided in State Board of Education rules or state law.

STATUTORY AUTHORITY: 112.08, 1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 112.08, 1001.42, 1001.43, 1010.07, F.S.  HISTORY: ADOPTED: APRIL 1, 1997 REVISION DATE(S): 11/10/08; 05/07/19 FORMERLY: DH 

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7.40 FACSIMILE SIGNATURE, WARRANTS, AND ELECTRONIC FUNDS TRANSFER

    1. Facsimile Signature
      1. In accordance with Florida Statutes, the Superintendent and the chairperson of the School Board, after filing with the Department of State, his/her manual signature certified by him/her under oath, may execute or cause to be executed with a facsimile signature in lieu of his/her manual signature:
        1. Any public security as permitted by Florida Statutes.
        2. Any instrument of payment.
        3. Any official order, proclamation, instrument of conveyance, or resolution, provided, however, that the same has been authorized by said School Board and such authorization be reflected in the minutes thereof.
        4. Contracts with school personnel.
      2. Definitions as used in the policy are as follows:
    2. Warrants (checks)
      1. The vice-chairperson shall have no authority to sign warrants or school documents except when he/she is required to assume the duties of the chairperson, in which case, he/she shall be legally empowered to sign warrants and other legal documents as the chairperson would be empowered to sign.
      2. Warrants (checks) drawn on District accounts are to be executed by facsimile signature of the Chair and the Superintendent.
      3. Warrants (checks) drawn under custodial/trust agreements or third party agreements such as to pay insurance claims or other benefits will be governed by the provision of the applicable agreements.
    3. Electronic Funds Transfers (EFTs)

The School Board authorizes electronic fund transfers (EFTs) for any purpose including direct deposit, wire transfer, withdrawal, investment, or payment, provided such EFTs are consistent with the provisions of Chapter 668, Florida Statutes.

 

Upon the recommendation of the Superintendent, the School Board shall approve the financial institutions that are authorized to receive monetary transactions through electronic or other medium. Upon the recommendation of the Superintendent, the School Board shall then approve written agreements with financial institutions with whom EFTs will be made. All such agreement shall require the manual signatures of the School Board Chairman, and Superintendent and identify positions, or custodial/trust or third parties authorized to initiate EFTs.

 

      1. The Superintendent shall designate the individuals who are his/her designees unless set forth in this Board policy by position.
      2. EFTs between Board Accounts shall be executed by staff authorized by the Superintendent and the Chief Financial Officer. These transfers include the funding of accounts used to pay expenditures, beneficiaries, and claims. The transfers do not represent direct third party payments of an expenditure, advance, or reduction of cash asset.
      3. EFTs representing payments processed under the Accounts Payable or Payroll systems (i.e., employee direct deposits) are executed under the rules of the ACH, EDI, or Direct Deposit Agreements and approvals authorizing disbursements are evidenced under the Accounts Payable and Payroll systems controls.
      4. EFTs for Payroll Taxes and State related payments, including the funding of the State Retirement System are to be executed under the Direct Payment Agreements set-up by the Internal Revenue Service and by the State of Florida, respectively. Specific wire and or ACH agreements may be set-up as a back-up to the direct payment agreements.
      5. EFTs to the Depository Trust Company, paying agent, trustee, or other financial institution for debt service or lease payment on Certificates of Participation shall be paid under the repetitive wire transfer/ACH/direct payment agreement pre-authorized by the Superintendent and Chief Financial Officer.
      6. EFTs executed under custodial/trust agreements or third party agreements such as to pay insurance claims or other benefits will be governed by the applicable agreements.

STATUTORY AUTHORITY: 668.001, 668.50, 1001.41,1001.42, F.S. LAW(S) IMPLEMENTED: 116.34, 1001.43, 1010.11, F.S. STATE BOARD OF EDUCATION RULE(S): 6A-1.0012, F.A.C. HISTORY: ADOPTED: APRIL 1, 1997 REVISION DATE(S): 11/10/08; 08/05/14; FORMERLY: DGA

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7.41ER AUTHORITY TO SIGN CONTRACTS, AGREEMENTS, AND MEMORANDA OF UNDERSTANDING  

Once procured in accordance with Policy 7.70 hereafter and form approved by the Office of Legal Services, the Superintendent is authorized to approve and execute contracts, agreements and memoranda of understanding for goods and/or services on behalf of the Board so long as the amount to be paid by the District to third party(ies) pursuant to the contract, agreement, memorandum of understanding is $50,000 or less per fiscal year. All contracts, agreements, and memoranda of understanding signed pursuant to this Policy will be reported to the Board on a quarterly basis. The following items include, but are not limited to, the following examples:

  1. cooperative agreements with other educational agencies
  2. agreements with providers of before and after-school care
  3. partnership school agreements
  4. rental or license agreements for conference halls, auditoriums, or meeting space
  5. agreements for clinical experience programs
  6. agreements with other governmental bodies that do not entail expenditure of school funds
  7. joint-use-of-facility agreements
  8. school health services agreements
  9. agreements with other entities that fund school system programs
  10. agreements for the District to provide products or services to other parties
  11. school mental health agreements
  12. mobile home security agreements
  13. interagency agreements
  14. a change order, amendment, or renewal to an agreement or contract which did not originally require Board approval
  15. license agreements for software or other materials
  16. any other agreement that is deemed to be routine and of a type similar to those listed.

Notwithstanding anything to the contrary herein, Policy 7.70 shall govern contracts for the purchase of commodity products or services (including, without limitation, the authority of the Superintendent to execute contracts or agreements and report commodity purchases to the Board according the criteria and monetary threshold set forth in Policy 7.70). Commodity products or services are defined as normal, routine items used in the routine operation of the district.

This emergency rule is effective July 10, 2023.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED:1001.41, 1001.42, F.S. HISTORY: ADOPTED: JULY 10, 2023 REVISION DATE(S): NA FORMERLY: NEW

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7.42 FUND-RAISING FOR SCHOOL PROJECTS AND ACTIVITIES

All fund-raising projects and activities by schools or groups within the school shall contribute to the educational and extracurricular experiences of students and shall not be in conflict with the overall instructional program as administered by the Superintendent. All fund- raising activities and projects shall have the prior knowledge and written approval of the principal and shall be under his/her control and supervision.

  1. The Superintendent may approve fundraising activities by schools and student bodies in support of declared state and federal emergency relief efforts. In addition, the Superintendent or his/her designee may authorize fundraising activities for family tragedies (i.e. funeral expenses, loss due to natural disasters such as fire or flood, etc.) impacting current or former students and/or their families as identified by principals and/or the Superintendent. When approved, the Superintendent will provide the specific types of solicitations that may occur and the timeframe in which fundraising efforts may occur.
  2. At the discretion of the principal and upon the prior approval of the Superintendent or his/her designee, schools and student bodies are allowed to participate in drives and solicitations of funds for charitable purposes to benefit registered 501(c)3 nonprofit organizations so long as such drives and solicitations meet any of the following criteria: (a) contribute or be related to student wellness; (b) provide economic benefit to the school (via its internal funds); (c) contribute or be related to the students’ civic capacity. Principals must provide written approval prior to the start of any drives and/or solicitations.
  3. Fundraising activity involving door to door solicitation is prohibited. Parents are encouraged to support school and PTA fundraising efforts.
  4. Raffles and other activities of chance shall not be conducted for school connected activities; privately-owned carnivals shall be prohibited.
  5. Any contest which is conducted by selling votes shall be prohibited.
  6. Fund-raising publications or materials shall be free from obscenities.
  7. All entertainment by outside groups shall be reviewed by the principal or designee to eliminate scenes, languages, or jokes which are not compatible with the dignity of an educational institution.
  8. Each school shall be responsible for submitting taxes and reports to the proper authorities concerning proceeds from entertainments. Charging admission prices and setting fixed contributions to entertainment shall be subject to tax.
  9. Unlawful activity shall be prohibited by any school group and on School Board property.
  10. The principal may approve the occasional sale of various items at a school for the financial benefit of school clubs or school-related organizations. Such sales shall be forbidden during the regular school day.
  11. Any school or community event sponsor or vendor who uses school facilities shall notify the local public health unit not less than three (3) days prior to a scheduled school carnival, fair, or other celebration involving the sale or preparation of food or beverages.
  12. Physical education apparel such as shorts, shoes, tee shirts, etc., shall be sold to students only on a nonprofit basis.
  13. No teacher, class or group of students shall be assessed sums of money for any purpose.

STATUTORY AUTHORITY:1001.42, F.S. LAW(S) IMPLEMENTED: 1001.43, 1001.51, 1001.54, 1010.01, 1011.06, 1011.07, F.S. STATE BOARD OF EDUCATION RULE(S): 6A-1.085 HISTORY: ADOPTED: April 1, 1997 REVISION DATE(S): 12/08/14; 2/3/09; 11/10/08; 7/10/06; FORMERLY:JJE

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7.43 ADMISSION CHARGES

  1. ATHLETIC EVENTS

The School Board shall approve uniform admission fees for school-sponsored athletic events in the District. Variances from uniform admission fees for special events shall be approved by the School Board prior to any such event. Parking fees of schools for school-sponsored athletic events are prohibited, except as part of an approved outside school-related organization fundraising activity.

  1. ENTERTAINMENT EVENTS

Entertainment for which admission is charged shall not be held in any public school during school hours. Admission fees should be reasonable as related to the expenses incurred by the event.

STATUTORY AUTHORITY:1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 1001.41, F.S. STATE BOARD OF EDUCATION RULE(S): 6A-1.085 HISTORY: ADOPTED: April 1, 1997 REVISION DATE(S): 11/10/2008; 05/08/2017 FORMERLY: DFD 

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7.44 DEPOSITORIES, DEPOSITING, WITHDRAWING AND TRANSFER OF FUNDS

  1. Depositories.

The School Board shall approve a list of financial institutions as depositories of School Board funds. The School Board shall select financial institutions that are approved by the Florida Department of Insurance and the Office of the Treasurer as qualified public depositories.

  1. Direct Deposit of District Funds with the State Board.

The Superintendent is authorized to direct the deposit of funds into the local Government Surplus Funds Trust Fund of the State Board of Administration, FL Prime and SPIA, Special Purpose Investment Account, for investment earning purposes when such funds are received by the District from the Department of Education or from any other public official or agency.

  1. Depositing and Withdrawing Funds.

Funds may be received, disbursed, or transferred by electronic or other medium or drawn from any District school depository, by warrant to, from, or within its accounts in School Board approved financial institutions. Adequate internal control measures shall be established and maintained on the authority of the School Board, as prescribed by Florida Statutes or State Board of Education Rules.

  1. Transfer of Funds.

The Superintendent or the Superintendent’s designee may be authorized by School Board resolution to enter into authorizing agreements with financial institutions for monetary transactions through electronic or other medium, from one county depository to another, or within a county depository for financial purposes. All monetary transactions shall be confirmed in writing and signed by the Superintendent or the Superintendent’s designee.

STATUTORY AUTHORITY:1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 1001.42, 1001.51, 1011.17, 1011.18, F.S. STATE BOARD OF EDUCATION RULE(S): 6A-1.10012 HISTORY: ADOPTED:April 1, 1997 REVISION DATE(S): 05/07/2019; 05/08/2017; 11/10/2008; FORMERLY: DFAA, DG

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7.46 SALE OF SUPPLIES TO OTHER AGENCIES

Supplies may be purchased from the School Board's central warehouses by other governmental agencies provided the needs of students and School Board employees are considered first. Overhead expenses shall be charged for each purchase by another agency based on a percentage of the total cost established by the Chief Financial Officer.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 1001.41, F.S. HISTORY: ADOPTED:April 1, 1997 REVISION DATE(S): 10/02/2012; 11/10/2008; FORMERLY: DFAA

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7.48 PAYMENT OF VOUCHERS/INVOICES

Expenditures for payment of vouchers and invoices shall be made by warrants or electronic transfers of the School Board. Authorization for such payments shall be deemed approved by the Board if within amounts approved in the Board-adopted District budget or amendment thereto. In cases of expenditures exceeding approved purchasing limits, specific School Board approval is required and shall be reflected in School Board minutes. Approval of individual warrants themselves by the School Board shall not be required.

Payment for purchases and services shall be made in a timely manner as set forth in Chapter 218, Florida Statutes.

STATUTORY AUTHORITY: 1001.42, F.S. LAW(S) IMPLEMENTED: 218.72-218.75, 1001.43, 1001.51, 1011.06,  F.S. HISTORY: ADOPTED: November 10, 2008 REVISION DATE(S): N/A FORMERLY: NEW

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7.50 PAYROLL PROCEDURES

The Superintendent or the Superintendent’s designee shall establish procedures for ensuring that the payroll for all employees is accurate and distributed in a timely manner.

All personnel shall be paid in accordance with payroll period schedules adopted by the School Board and included in the official salary schedule, unless otherwise approved by the Superintendent or the Superintendent’s designee.

No salary payment shall be paid to any employee in advance of services being rendered.

STATUTORY AUTHORITY:1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED:1001.42, 1010.01, 1011.60, 1012.25, F.S. STATE BOARD OF EDUCATION RULE(S): 6A-1.001, 6A-1.052 HISTORY: ADOPTED: April 1, 1997 REVISION DATE(S): 11/10/08; 05/07/2019; FORMERLY: DKA

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7.52 PRETAX PAYROLL DEDUCTION PROGRAMS

  1. Pre–Tax Payroll/Benefits Deductions for 403(b), 403(b)(7) and 457(b) and IRC 125 accounts
  2. Purpose:

This policy authorizes the superintendent to establish procedures for the approval of companies and agents to offer 403(b) and 403(b)(7) tax sheltered accounts and 457(b) deferred compensation accounts to school board employees based on generally accepted qualitative and quantitative standards and based upon guidelines established by Federal and/or State authority.

  1. Definitions:

403(b) Tax Sheltered Accounts include annuities issued by participating insurance companies.

403(b)(7) Tax Sheltered Accounts include mutual funds with custodial arrangements sponsored by investment management companies or Qualified Broker-Dealer.

457(b) Deferred Compensation Accounts include annuities issued by participating insurance companies and mutual funds with custodial arrangements sponsored by investment management companies or Qualified Broker-Dealer.

  1. Flexible Benefit Plan (FBP):

The School Board may approve an IRC 125-Flexible Benefit Plan for School Board employees who are full time employees. The FBP may include, but shall not be limited to, insurance programs for hospitalization, life, cancer, dental, disability, hospital indemnity, and vision with a Medical Expense and Dependent Day Care assistance program. The payroll reduction may be on a pre-tax basis for federal withholding taxes under IRC 125 regulations.

STATUTORY AUTHORITY:1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 1001.32, 1001.42, Federal Authority IRC 1986 as amended, F.S. STATE BOARD OF EDUCATION RULE(S): 6A-1.052 HISTORY: ADOPTED: April 1, 1997 REVISION DATE(S): 11/10/08 FORMERLY: DLB

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7.54 TRAVEL EXPENSE REIMBURSEMENT

The School Board recognizes the authority of the Jacksonville City Council for establishing travel regulations for School Board members and employees. Reimbursement of travel expenses of School Board members and employees shall be in accordance with city ordinances, School Board policies, State Board of Education rules, and Florida Statutes.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 112.061, 1001.39, F.S. CITY OF JACKSONVILLE ORDINANCE CODE: 106.701 STATE BOARD OF EDUCATION RULE(S): 6A-1.056 HISTORY: ADOPTED: April 1, 1997 REVISION DATE(S): 11/10/08; 05/07/19 FORMERLY: DKC 

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7.60 AUDITS

  1. District Audits
    1. Periodic audits shall be made of accounts, records, financial practices, and program elements of the District pursuant to Florida Statutes and State Board of Education rules.
    2. The School Board shall select an independent auditor to perform audits of the District when the Auditor General advises a financial audit will not be completed within the twelve (12) month period immediately following the fiscal year or if otherwise deemed needed by the School Board.
      1. The School Board shall establish an auditor selection committee as required by Florida Statutes. The primary role of the committee shall be to assist in selecting an auditor to conduct the annual financial audit.
      2. Selection of the auditor shall be pursuant to provisions in Section 218.391, Florida Statutes.
      3. The certified public accountant who coordinates the financial audit shall have completed twenty-four (24) hours of continuing professional education in government accounting or governmental auditing as approved by the Board of Accountancy within the last two (2) years.
      4. At the conclusion of the audit field work, the preliminary findings shall be discussed with the Superintendent or the Superintendent’s designee. The auditor’s comments shall reflect items which are intended to be included in the final audit report.
    3. Other auditors may be selected as permitted by law.
  2. Audits of Internal Accounts
    1. Each principal shall report in writing to the Director of Internal Auditing within ten (10) business days of receiving an audit report. The written report shall address the audit report and any discrepancies cited therein.
    2. The Superintendent may direct an audit of a school’s internal accounts without prior notification. Such audits may be conducted by a School Board employee or an independent accounting firm.
  3. Nonfinancial audits shall be conducted by persons or entities qualified to conduct audits of the program, functions, or service to be audited.
  4. Results of all audits shall be provided to the School Board and Board Internal Auditor for information and appropriate action consistent with law if action is required.
  5. The Board Internal Auditor shall be notified of all audits prior to the commencement of the audit review.

STATUTORY AUTHORITY: 1001.42, F.S. LAW(S) IMPLEMENTED: 11.45, 218.39, 218.391, 1010.30 – 1010.34, 1011.07, F.S. STATE BOARD OF EDUCATION RULE(S): 6A-1.001 HISTORY: ADOPTED: April 1, 1997 REVISION DATE(S): 11/10/2008; 09/02/2014; 05/08/2017; 05/07/2019; 01/07/2020; FORMERLY: DIE

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7.64 INTERNAL CONTROLS

The Superintendent or the Superintendent’s designee shall develop internal controls for all systemic functions of law, finance, audit, inventory and accountability. These controls shall include, but not be limited to, the following:

  • Accounts Payable
  • Accounting and Financial Reporting
  • Budgeting
  • Computer access and use
  • Construction Contracts
  • Debt Services
  • Employee Leave Balances
  • Federal Program Accounting
  • Food Service Collections and Meal Accountability
  • Full Time Equivalent (FTE) Reporting
  • Fund Raising Activities
  • Grants
  • Internal Accounts
  • Internal Audits
  • Investment of Funds
  • Land Acquisition
  • Overtime
  • Payroll
  • Purchasing and Bidding
  • Purchasing Card Information
  • Real Property Management
  • Travel Reimbursement
  • Treasury Services

Staff shall review the internal controls annually and shall revise procedures as appropriate to ensure a strong system of internal control.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 11.45, 218.39, 218.391, 1001.42, 1001.43, 1011.07, F.S. STATE BOARD OF EDUCATION RULE(S):  6A-1.001 HISTORY: ADOPTED:  April 1, 1997 REVISION DATE(S): 11/10/2008; 08/05/2014; 05/08/2017; 05/07/2019; FORMERLY: DIE

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7.67 ANTIFRAUD

The School Board of Duval County will not tolerate fraud or the concealment of fraud.

This policy applies to any fraud, suspected or observed, involving District employees, outside support organizations, vendors, contractor, volunteers, outside agencies doing business with the School Board and any other persons or parties in a position to commit fraud on the School Board.

Fraud includes, but is not limited to, knowingly misrepresenting the truth or concealment of a material fact in order to personally benefit or to induce another to act to his/her detriment. Actions constituting fraud include but are not limited to:

  1. Falsifying or unauthorized altering of District documents.
  2. Accepting or offering a bribe, gifts, or other favors under circumstances that indicated the gift or favor was intended to influence an employee’s decision making.
  3. Disclosing to other persons the purchasing/bidding activities engaged in, or contemplated by the District in order to give any entity, person, or business an unfair advantage in the bid process.
  4. Causing the District to pay excessive prices or fees where justification is not documented.
  5. Unauthorized destruction, theft, tampering, or removal of records, furniture, fixtures, or equipment.
  6. Using District equipment or work time for any outside private business activity.
  7. Workers’ compensation fraud.

Any perceived fraud that is detected or suspected by any staff member or other person shall be reported immediately to Human Resources Services for guidance as to whether pursuit of an investigation is warranted. The obligation to report fraud includes instances where an employee knew or should have known that an incident or fraud occurred. Any investigation required shall be conducted without regard to suspected wrongdoer’s length or service, position, title, or relationship. Notwithstanding the foregoing, suspected workers’ compensation fraud shall be investigated under the Office of Risk Management and in accordance with Florida workers’ compensation laws.

Investigations shall be conducted in a confidential manner.

Violation of this policy may result in disciplinary action, termination of employment, termination or contract or legal action. In the event of suspected fraud an employee may have temporary work restrictions imposed to protect the District’s funds, property, and information. The Superintendent or the Superintendent’s designee shall develop procedures to implement this policy.

Procedures shall include but not be limited to:

  1. Employee notification and education.
  2. Self-assessment of risk of fraud.
  3. Reporting suspected to detected fraud.
  4. Investigation of fraud
  5. Consequences and disciplinary action

STATUTORY AUTHORITY: 1001.32, 1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 1001.42, 1001.43, F.S. STATE BOARD OF EDUCATION RULE(S):  6A-1.001 HISTORY: ADOPTED:  November 10, 2008  REVISION DATE(S): 05/07/2019; FORMERLY: NEW

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7.70 PURCHASING

  1. General Provisions
    1. Purposes, Rules of Construction
      1. Interpretation -This Duval County Public Schools Purchasing policy shall be construed and applied in a manner to promote its underlying purposes best.
      2. Purposes -The underlying purposes of this policy are:
        1. to simplify, clarify, and modernize procurement practices by Duval County Public Schools;
        2. to permit the continued development of procurement policies and practices;
        3. to provide for increased public confidence inthe procedures followed in Duval County Public Schools;
        4. to ensure the fair and equitable treatment of allpersons who deal with the procurement system of Duval County Public Schools;
        5. to provide increased economy in Duval County Public Schools procurement activities and to maximize to the fullest extent practicable the purchasing value of public funds of the Duval County Public Schools;
        6. to foster effective broad-based competition within the free enterprise system;
        7. to provide safeguards for the maintenance of a procurement system of quality and integrity; and
        8. to ensure that any procurements made by Duval County Public Schools are made in accordance with the provisions of the Board’s Minority Business Development and Assistance Program.
      3. Singular-Plural and Gender Rules: In this policy, unless the context requires otherwise:
        1. words in the singular number include the plural, and those in the plural include the singular; and
        2. words of a particular gender include any gender and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender.
    2. Supplementary General Principles of Law Applicable. Unless displaced by the particular provisions of this policy, the principles of law and equity and law relative to capacity to contract, agency, fraud, misrepresentation, duress, coercion, mistake, or bankruptcy shall supplement the provisions of this policy.
    3. Requirement of Good Faith.This policy requires all parties involved in the negotiation, performance, or administration of Duval County Public Schools contracts and procurement to act in good faith.
    4. Application of this Policy
      1. General Application - This policy applies only to contracts solicited or entered into after the effective date of this policy unless the parties agree to its application to a contract solicited or entered into prior to the effective date and in no way, retroactively affects rights and remedies under existing contracts. The effective date of this policy will be the date that this policy is approved by the Duval County School Board.
      2. Application to Duval County Public Schools -This policy shall apply to every expenditure of public funds irrespective of their source, including federal assistance monies, by the Duval County Public Schools, acting through a governmental body as defined herein, under any contract. It shall also apply to the disposal of Duval County Public Schools supplies. Nothing in this policy or in procedures promulgated hereunder shall prevent the Duval County Public Schools from complying with the terms and conditions of any grant, gift, bequest, or cooperative agreement.
    5. Severability. If any provision of this policy or any application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or application of this policy, and to this end the provisions of this policy are declared to be severable.
    6. Determinations. Written determinations required by this policy shall be retained in the appropriate official contract file of the Director of Purchasing or the Purchasing Department.
    7. Definitions of Terms Used in this Policy. The words defined in this section shall have the meanings set forth below whenever they appear in this policy, unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular section or provision.
      1. Board means, the Duval County School Board, a body politic and corporate.
      2. Business means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.
      3. A Change Order (Construction) is a written document on OFPC Form 425 executed by the Design Professional and the authorized designee following approval according to policy of the Duval County School Board.
      4. Change Order (Non-Construction) means a written order signed by the Director of Purchasing or designee, directing the contractor to make changes which the Changes clause of the contract authorizes the Director of Purchasing to order without the consent of the contractor. This definition does not preclude the Director of Purchasing from seeking the consent of a contractor to a change order.
      5. Competitive solicitations shall be defined for the purposes of this policy to include purchasing made through the issuance of an invitation to bid, request for proposals and invitation to negotiate.
      6. Construction means demolition, renovation, remodeling or new construction. It does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property.
      7. Contract means all types of Duval County Public Schools agreements and purchase orders, regardless of what they may be called, for the procurement or disposal of supplies, services, or construction.
      8. Contract Modification means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any contract accomplished by mutual action of the parties to the contract.
      9. Contractor means any person having a contract with the Duval County Public Schools.
      10. Data means recorded information, regardless of form or characteristic.
      11. Designee means a duly authorized representative of a person holding a position of authority pursuant to powers properly given to them by another.
      12. Director of Purchasing means the head of the central purchasing office of the Duval County Public Schools.
      13. Employee means an individual drawing a salary from the Duval County Public Schools, whether elected or not.
      14. Invitation to Negotiate shall be defined for the purposes of this policy as written solicitation for competitive sealed replies to select one or more vendors with which to commence negotiations for the procurement of commodities or contractual services. The invitation to negotiate is used when the Superintendent or designee determines that negotiations may be necessary for it to receive the best value. A written solicitation includes a solicitation that is publicly posted.
      15. May denotes the permissive.
      16. Person means any business, individual, union, committee, club, other organization, or group of individuals.
      17. Procurement means buying, purchasing, renting, leasing, or otherwise acquiring any supplies, services, or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.
      18. Procurement Officer means any person duly authorized to enter into and administer contracts and make written determinations with respect thereto. The term also includes an authorized representative acting within the limits of authority.
      19. Purchasing Department means any authorized representatives who work for and are supervised by the Director of Purchasing.
      20. Real Property means land, buildings, fixtures, and all other improvement to land.
      21. Regulation means a statement, having general or particular applicability and future effect, designed to implement, interpret, or prescribe law or policy, or describing organization, procedure, or practice requirements.
      22. Services mean the furnishing of labor and time, by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term shall not include services rendered under an employment agreement. This definition of services includes, but is not limited to, consulting, personal, professional, technical, and purchase-of-client services.
      23. Shall denotes the imperative.
      24. Superintendent shall be defined for the purposes of this policy to mean “Superintendent or designee.”
      25. Supplies mean all tangible property including but not limited to equipment, materials, printing, excluding land or a permanent interest in land.
    8. Public Access to Procurement Information. Procurement information shall be subject to the Public Records Act in Chapter 119, Florida Statutes, unless otherwise exempted by said Act to the extent provided and shall be available to the public as provided in such statute. The purpose of this provision is to achieve maximum public access to procurement information consistent with appropriate consideration of safeguards for contractors and employees. The Superintendent may be authorized to purchase commodities or contractual services where the total amount does not exceed an amount prescribed by the School Board, and does not exceed the applicable appropriation in the District budget. The Superintendent may also be authorized to purchase commodities or contractual services under State of Florida Department of Management Services term contracts. Assistants functioning under the Superintendent’s direction may be authorized to perform these purchasing tasks. No person, unless authorized to do so, may make any purchases or enter into any contract involving the use of school funds; no expenditures for any such unauthorized purchase or contract shall be approved, except as provided in section II.V.
    9. Authority of the Director of Purchasing
      1. Principal Procurement Officer of the Duval County Public Schools- The Director of Purchasing shall serve as the principal procurement officer of the Duval County Public Schools.
      2. Power to Adopt Operational Procedures -Consistent with the provisions of this policy, the Director of Purchasing may adopt operational procedures governing the internal functions of the Purchasing Department.
      3. Duties -Except as otherwise specifically provided in this policy, the Director of Purchasing shall
        1. procure or supervise the procurement of all supplies and services needed by the Duval County Public Schools;
        2. establish and maintain programs for the inspection, testing, and acceptance of supplies and services.
    10. Delegation of Authority by the Director of Purchasing.The Director of Purchasing may delegate authority to designees where consistent with Board policies and applicable law.
    11. Statement of Policy on Ethics. Public employment is a public trust. It is the policy of the Duval County Public Schools to protect and promote the integrity of our procurement system. Board employees must discharge their duties impartially to assure fair competitive access to governmental procurement by responsible contractors. Moreover, they should conduct themselves in such a manner as to foster public confidence in the integrity of the Duval County Public Schools procurement organization. All employees shall be bound by the provisions of applicable law relating to the ethics of public employees and also of certificated educators.
    12. Statement of Policy on Office of Economic Opportunity Program. Any procurements made pursuant to this policy will be made in accordance with the provisions of the Board’s Office of Economic Opportunity Program.
  2. Source Selection and Contract Formation
    1. Definitions of Terms Used in this Section
      1. Cost -Reimbursement Contract means a contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this policy, and a fee, if any.
      2. Established Catalogue Price means the price included in a catalogue, price list, schedule, or other form that:
        1. is regularly maintained by a manufacturer or contractor;
        2. is either published or otherwise available for inspection by customers; and
        3. states prices at which sales are currently or were last made to a significant number of any category of buyers or buyers constituting the general buying public for the supplies or services involved.
      3. Invitation to Bid shall be defined for the purposes of this policy as a written solicitation for competitive sealed bids. The invitation to bid is used when the District is capable of specifically defining the scope of work for which a contractual service is required or when the District is capable of establishing precise specifications defining the actual commodity or group of commodities required. A written solicitation includes a solicitation that is publicly posted.
      4. Proposer shall be defined for the purposes of this policy to include those vendors submitting bids or responses to a competitive solicitation.
      5. Purchase Description means the words used in a solicitation to describe the supplies, services, or construction to be purchased, and includes specifications attached to or made a part of the solicitation.
      6. Request for Proposals shall be defined for the purposes of this policy as a written solicitation for competitive sealed proposals. The request for proposals is used when it is not practicable for the District to specifically define the scope of work for which the commodity, group of commodities, or contractual service is required and when the District is requesting that a responsible vendor propose a commodity, group of commodities, or contractual service to meet the specifications of the solicitation document. A written solicitation includes a solicitation that is publicly posted.
      7. Responsible Bidder or Offeror means a person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.
      8. Responsive Bidder means a person who has submitted a bid which conforms in all material respects to the Invitation for Bids.
      9. Responsive Proposer means a person who has submitted a proposal which conforms to all material requirements to the Request for Proposals.
    2. Methods of Source Selection and Board Approval.
      1. Unless otherwise authorized by law, all Board contracts shall be awarded by one of the following methods:
        1. Section II.C. Formal Sealed Bidding
        2. Section II.D. Formal Sealed Proposals
        3. Section II.E. Selection of Design and Construction Professional Services
        4. Section II.G. Informal Procurements
        5. Section II.H. Sole Source Procurements
        6. Section II.I. Emergency Procurements
        7. Section II.J. Florida Administrative Purchasing Policies
        8. Section II.K. Other Procurements
      2. Awards in excess of the amount set forth in School Board Policy 7.41 require Board approval, except (1) all commodity products and (2) purchases made pursuant to section II.J.1. Commodity products are defined as normal, routine items used in the routine operation of the district. The Superintendent shall furnish the Board monthly a report that includes purchases not requiring Board approval, to include (1) commodity products that exceed the amount as set forth in School Board Policy 7.41 and (2) purchases and awards made pursuant to section II J.1 that exceeds the amount as set forth in School Board Policy 7.41. As required by Section 1001.42(10) (j), F.S., the District shall receive and give consideration to the prices available to it under rules of the State of Florida Department of Management Services, Division of Purchasing. The District may use prices established by the Division of Purchasing through its state purchasing agreement price schedule.
      3. The District shall have the option to purchase under the current contracts as may be established for any of the public agencies as authorized by law to make purchases for the benefit of other governmental agencies at or below the unit price stated therein, if such purchase is to the economic advantage of the District subject to conformance of the items of purchase to the standards and specifications prescribed by the Superintendent.
    3. Formal Sealed Bidding
      1. Except as authorized by law or rule, competitive solicitations shall be requested from three (3) or more sources for any authorized commodities or contractual services exceeding $50,000. Purchases of commodities or contractual services may not be divided to avoid this monetary threshold requirement.
      2. Invitation for Bids - An Invitation for Bids shall be issued and shall include a purchase description and any contractual terms and conditions applicable to the procurement known at the time the Invitation for Bids is issued.
      3. Public Notice - Public notice of the Invitation for Bids shall be given a reasonable time prior to the date set forth therein for the opening of bids. Such notice may include publication in a newspaper for a reasonable time prior to bid opening.
      4. Bid Opening - Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the Invitation for Bids. The amount of each bid, and such other relevant information as may be specified by regulation, together with the name of each bidder shall be recorded; the record and each bid shall be open to public inspection.
      5. Bid Acceptance and Bid Evaluation - Bids shall be accepted without alteration or correction, except as authorized in this policy. Bids shall be evaluated based on the requirements set forth in the Invitation for Bids. Depending on the type of bid, criteria may be included to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle costs, or other factors. The Invitation for Bids shall set forth the evaluation criteria to be used.
      6. Correction or Withdrawal of Bids - Correction or withdrawal of inadvertently erroneous bids may be permitted before opening. After bid opening, no changes in bid prices or other provisions of bids to the interest of the Board or fair competition shall be permitted. This shall not preclude negotiation with a bidder which is authorized by Statute or State Requirements for Educational Facilities. After an award is made, the award may be canceled by the Director of Purchasing or the Board whichever made the award pursuant to provisions herein, when deemed to be in the best interests of Duval County Public Schools pursuant to established procedures.
      7. Waiver of Technicalities -Duval County Public Schools reserves the right to waive any and all irregularities which do not provide unfair advantage to bidders or proposers and to solicit and evaluate exceptions to all bids and proposals submitted under this policy.
      8. Bonds - Bid security may be required for competitive sealed bids. When required, bid security shall be a bond provided by a surety company authorized to do business in the state of Florida, or the equivalent in cash, or otherwise supplied in a form satisfactory to the Duval County Public Schools. When the invitation for bids requires security, noncompliance requires that the bid be rejected unless it is determined that the bid fails to comply in a nonsubstantial manner with the security requirements. Performance bonds may be required for contracts awarded in excess of established amounts. A performance bond must be delivered to the Duval County Public Schools that is satisfactory to Duval County Public Schools, executed by a surety company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the Duval County Public Schools, in an amount equal to 100% of the price specified in the contract. Payment bonds may be required for contracts awarded in excess of established amounts. A payment bond must be delivered to the Duval County Public Schools that is satisfactory to the Duval County Public Schools, executed by a surety company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the Duval County Public Schools, for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the contract. The bond shall be in the amount equal to one hundred percent (100%) of the price specified in the contract.
      9. Award - In acceptance of responses to invitations to bid, the District may accept the proposal of the lowest responsive, responsible proposer. In the alternative, the District may also choose to award contracts to the lowest responsive, responsible bidder as the primary awardee of a contract and to the next lowest responsive, responsible bidder(s) as alternate awardees from whom commodities or contractual services would be purchased should the primary awardee become unable to provide all of the commodities or contractual services required by the District during the term of the contract. Nothing herein is meant to prevent multiple awards to the lowest responsive and responsible bidders when such multiple awards are clearly stated in the bid solicitation documents.
      10. Multi-step Sealed Bidding - When it is considered impractical to initially prepare a purchase description to support an award based on price, an Invitation for Bids may be issued requesting the submission of unpriced offers to be followed by an Invitation for Bids limited to those bidders whose offers have been qualified under the criteria set forth in the first solicitation.
    4. Formal Sealed Proposals
      1. Conditions for Use -When the amount of the procurement exceeds an amount established by the State Board of Education or an amount approved by waiver by the Commissioner of Education and the Director of Purchasing or an officer above the level of the Director of Purchasing determines in writing that the use of formal sealed bidding is either not practicable or not advantageous to the Duval County Public Schools, a contract may be entered into by formal sealed proposals.
      2. Request for Proposals - Proposals shall be solicited through a Request for Proposals.
      3. Public Notice -Public notice of the Request for Proposals shall be given in the same manner as provided in Section II.C.3., Formal Sealed Bidding, Public Notice.
      4. Receipt of Proposals -Proposals shall be opened so as to avoid disclosure of contents to competing offerors during the process of negotiation. A Register of Proposals shall be prepared and shall be open for public inspection after contract award.
      5. Evaluation Factors -The Request for Proposals shall state the relative importance of price and other evaluation factors including Minority Business Enterprise participation.
      6. Discussion with Responsible Offerors and Revisions to Proposals - As provided in the Request for Proposals, discussions may be conducted with responsible offerors who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers.
      7. Award - In acceptance of responses to requests for proposals, the District may award contracts to one or more responsive, responsible proposers in accordance with the selection criteria published in the request for proposal. The District is not required to request proposals for purchases made from contracts of the State of Florida Department of Management Services.
      8. Ex Parte Communication - Any Board Member, the Superintendent, evaluation committee member, or any Board employee is prohibited from having any communications concerning a solicitation for a competitive procurement after the Purchasing Department releases the solicitation to the general public. This "cone of silence" shall go into effect and shall remain in effect from the time of release of the solicitation until the contract is awarded. All communications regarding solicitations shall be directed to the Purchasing Department.Communications are permissible when such communications with a prospective respondent are necessary for, and solely related to, the ordinary course of business concerning the district’s existing contract(s) for the materials or services addressed in the solicitation (but in no event shall any existing vendor intending to submit a bid initiate communications to any member(s) of the Duval County School Board).
    5. Selection of Design and Construction Professional Services. When it is determined that the School Board may need to contract for the professional services of an architect, professional engineer, registered land surveyor, Design-Build, Construction Management or Program Management firm, such services shall be procured in a manner consistent with Section 287.055 F.S. Consultants’ Competitive Negotiation Act and Section 1013.45 F.S. The Superintendent shall develop procedures for the selection of professional services.
      1. Contracts - Any contract entered into by the School Board for professional services, as provided herein, shall include a prohibition against contingent fees.
      2. The Superintendent or designee may authorize outside consultants to provide professional reviews, assistance or training.
      3. Full or part-time employees of the Board shall not contract for additional service to the Board as consultants.
    6. Change Orders
      1. Non-Construction - Any change orders (non-construction) or amendments that are less than 3% of the Board approved costs or $50,000, whichever is greater, can be approved by the Superintendent or designee.
      2. Construction - All construction contract change orders shall be prepared in accordance with SREF. The Superintendent designee shall be authorized to approve change orders to construction contracts in the name of the School Board in order to expedite work in progress. Such change orders shall be reported to the School Board at the next regular or special School Board meeting. The authorization to approve change orders shall be limited to additive change orders not to exceed the greater value of (in aggregate total) (a) fifty thousand dollars ($50,000.00) or (b) 3% of the current contract value and deductive change orders. All other change orders shall be presented to the School Board for approval.
    7. Informal Procurements. Any procurement not exceeding an amount established by the State Board of Education or an amount approved by waiver by the Commissioner of Education shall be made in accordance with informal procurement procedures developed by the Director of Purchasing. Procurement requirements shall not be artificially divided so as to constitute an informal procurement under this section. Any procurement in an amount less than an amount established by the State Board of Education or an amount approved by waiver by the Commissioner of Education but greater than $5,000 shall require the solicitation of at least three (3) written quotations. Any procurement in an amount less than $5,000 may require solicitation of written or verbal quotations at the discretion of the Director of Purchasing or designee.
    8. Sole Source Procurements.A contract may be awarded for a supply or service without competition when the Director of Purchasing, or a designee, determines in writing that there is only one source for the required supply or service. This method of procurement involves no competition and should be utilized only when justified and necessary to serve the needs of the Duval County Public Schools. The power to authorize a sole source award is limited to the Director of Purchasing or designees. The purpose in specifying these officials is to reflect an intent that such determinations will be made at a high level.
    9. Emergency Procurements.The District may dispense with requirements for competitive solicitations for the emergency purchase of commodities or contractual services when the Superintendent or designee determines that an immediate danger to the public health, safety, or welfare or other substantial loss to the District requires emergency action. After the Superintendent or designee makes such a determination, the District may proceed with the procurement of commodities or contractual services necessitated by the immediate danger, without requesting competitive solicitations. However, such an emergency purchase shall be made by obtaining pricing information from at least two prospective vendors, which must be retained in the contract file, unless the Superintendent or designee determines that the time required to obtain pricing information will increase the immediate danger to the public health, safety, or welfare or other substantial loss to the District.
    10. Florida Administrative Purchasing Policies.The requirement for requesting competitive solicitations for commodities or contractual services from three or more sources is hereby waived as authorized by section 1010.04(4) (a), F.S., for:
      1. Purchases at or below the specified prices from contracts awarded by other city or county governmental agencies, other district school boards, community colleges, federal agencies, the public or governmental agencies of any state, or from state university system cooperative bid agreements. When the proposer awarded a contract by another entity defined herein will permit purchases by the district at the same terms, conditions, and prices (or below such prices) awarded in such contract, and such purchases are to the economic advantage of the district.
      2. The purchase by the district of professional services which shall include, without limitation, artistic services; academic program reviews; lectures by individuals; auditing services not subject to Section 218.391, F.S.; legal services, including attorney, paralegal, expert witness, court reporting, appraisal or mediator services; and health services involving examination, diagnosis, treatment, prevention, medical consultation or administration.
      3. The purchase of educational services and any type of copyrighted materials including, without limitation, educational tests, textbooks, printed instructional materials, computer software, films, filmstrips, videotapes, DVDS, disc or tape recordings, digital recordings, or similar audio-visual materials, and for library and reference books, and printed library cards where such materials are purchased directly from the producer or publisher, the owner of the copyright, an exclusive agent within the state, a governmental agency or a recognized educational institution.
      4. When acquiring, whether by purchase, lease, with option to purchase, rental or otherwise, information technology, as defined in Section 282.0041(14), F.S., may make any acquisitions through the competitive solicitation process as described herein or by direct negotiation and contract with a vendor or supplier, as best fits the needs of the District.
      5. Except as otherwise required by statute, when purchasing insurance, entering risk management programs, or contracting with third party administrators, may make any such acquisitions through the competitive solicitation process as described herein or by direct negotiations and contract.
      6. A contract for commodities or contractual services may be awarded without competitive solicitations if state or federal law, a grant or federal agency contract prescribes with whom the District must contract or if the rate of payment is established during the appropriations process.
      7. A contract for regulated utilities or government franchised services may be awarded without competitive solicitations. Purchases made pursuant to exemptions from competitive solicitations shall follow procedures as established by the Purchasing Department.
    11. Other Procurements
      1. Pool Purchases. The Superintendent or designee may purchase school buses, equipment, and related contractual needs and supplies through the pool-purchase provisions of section 1006.27, F.S.
      2. Purchasing Consortium. The District may enter into interlocal agreements as provided in section 163.01, F.S., to establish school district consortium and maximize purchasing power for commodities and contractual services. A consortium may be nationwide, statewide, or regional as appropriate to achieve the lowest cost.
      3. Purchasing Card. The Superintendent or designee may utilize procurement cards, to purchase commodities and contractual services as deemed to be in the best interest of the District and consistent with School Board Policy. Selected staff will be eligible to use a purchasing card upon approval by the Superintendent or designee of the prospective user’s signed Purchasing Card Application and Cardholder Acceptance Guidelines Form, which contain the appropriate-use standards and procedures. Each user shall acknowledge, by signing the Acceptance Form that the user must reimburse the District for any misuse of the purchasing card and that a violation of those standards and procedures will be cause for discipline up to and including termination.
      4. Advance Payments. - To ensure adequate protection to the District that goods and contractual services will be provided, advanced payment for goods and contractual services is discouraged. With adequate safeguards, however, the District may approve advance payments for contracts requiring School Board approval; the Superintendent or designee may approve advance payments for contracts requiring his/her approval; and the Director of Purchasing may approve advance payments for all other contracts, as follows:
        1. for maintenance agreements, software license agreements, subscriptions, contracts to reserve space, contractor mobilization expenses and certain other commodities, when advance payment will result in a savings to the District equal to or greater than the amount the District would earn by investing the funds and paying in arrears, or where those items are essential to the operation of the District and are available only if advance payment is made; or
        2. in accordance with certain employee travel expenses.
    12. Cancellation or Rejection of Invitations for Bids and Requests for Proposal. An Invitation for Bids, a Request for Proposals, or other solicitation may be canceled. Portions of any or all bids or proposals may be rejected in whole or in part when it is in the best interests of the Duval County Public Schools.
    13. Responsibility of Bidders and Offerors.Determination of Non-responsibility - A written determination of non- responsibility of a bidder or offeror shall be made in accordance with procedures. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to responsibility may be grounds for a determination of non-responsibility with respect to such bidder or offeror.
    14. Prequalification of Suppliers. Prospective suppliers may be prequalified for particular types of supplies or services. Solicitation mailing lists of potential contractors shall include but shall not be limited to such prequalified suppliers. Prequalification is not a conclusive determination of responsibility, and a prequalified bidder or offeror may be rejected as non-responsible on the basis of subsequently discovered information. Similarly, a prior failure to prequalify will not bar a subsequent determination that a bidder or offeror is responsible with respect to any given procurement.
    15. Cost or Pricing Data Certification. Contractor Certification - A contractor shall, when requested to do so, submit cost or pricing data and shall certify that, to the best of its knowledge and belief, the cost or pricing data submitted was accurate, complete, and current as of a mutually determined specified date prior to the date of the following:
      1. the pricing of any contract awarded by competitive sealed proposals (Section II.D.) or pursuant to the sole source procurement authority (Section II.H.) where the total contract price is expected to exceed an established amount; and
      2. the pricing of any change order or contract modification which is expected to exceed an established amount.
    16. Types of Contracts. Subject to the limitations of this section, any type of contract which will promote the best interests of the Duval County Public Schools may be used. A cost-reimbursement contract may be used only when a determination is made in writing that such contract is likely to be less costly to the Duval County Public Schools than any other type or that it is impracticable to obtain the supplies or services required except under such a contract.
    17. Multi-term Contracts
      1. Specified Period
        1. Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interests of the Duval County Public Schools provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefore.
        2. All Employee Benefit Programs such as Health and Life Insurance shall be competitively bid as required in section 112.08, F.S. Once competitively bid, subsequent contract renewal(s) may be negotiated and presented to the School Board for approval. Any plans for self-insurance or entering into a Risk Management consortium to provide such coverages must be presented to the School Board for approval and to the Department of Insurance.
      2. Determination Prior to Use -Prior to the utilization of a multi-term contract, it shall be determined in writing
        1. that estimated requirements cover the period of the contract and are reasonably firm and continuing; and
        2. that such a contract will serve the best interests of the Duval County Public Schools by encouraging effective competition or otherwise promoting economies in the Duval County Public Schools procurement.
      3. Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods -When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled.
    18. Rebids 
      1. The requirements for requesting competitive solicitations and making purchases for commodities and contractual services as set forth in this section are hereby waived, as authorized by section 1010.04(4)(a), F.S. when the following conditions have been met:
        1. Competitive solicitations have been requested in the manner prescribed by this policy, and
        2. The District has made a finding that no valid or acceptable firm bid has been received within the prescribed time.
      2. When such a finding has been officially made, the School Board may enter into negotiations with suppliers of such commodities and contractual services and shall have the authority to execute contracts with such suppliers under whatever terms and conditions as the District determines to be in its best interest.
      3. If less than two responsive proposals for commodity or contractual services are received, the District may negotiate on the best terms and conditions or decide to reject all proposals. The District shall document the reasons that negotiating terms and conditions with the sole proposer is in the best interest of the District in lieu of resoliciting proposals.
    19. Rejection of Bids - The Superintendent or designee shall have the authority to reject any or all proposals submitted in response to any competitive solicitation and request new proposals or purchase the required commodities or contractual services in any other manner authorized. 
    20. Tie Bids - In the bidding process, when identical prices are received from two or more vendors and all other factors are equal, priority for award shall be given to vendors in the following sequence:
      1. cash discounts offered for payments of thirty (30) days or longer;
      2. a vendor that is a certified minority vendor by Duval County Public Schools Office of Economic Opportunity;
      3. a vendor that is located in Duval County, Florida;
      4. a vendor that is located in the State of Florida;
      5. a business that certifies that it has implemented a drug-free workplace program in accordance with the provisions of 287.087, F.S.;
      6. a coin toss by the Director of Purchasing or designee shall be held at the location where the bids were opened. The tie low bid vendors will be invited to be present as witnesses.
    21. Check Requests - A check request may be used when a purchase order is not required for items exempt from bidding as designated by the Superintendent or State Board of Education rules. Payments for bid exempt items may be, but are not limited to, copyrighted materials, legal advertisements, memberships, professional services, payroll, transfers, registrations, withholdings, taxes, investments, postage, judgments, penalties, insurance, licenses, advance lodging, and utility bills. 
    22. Unauthorized Purchases - An unauthorized purchase occurs anytime goods or services are received prior to a purchase order being issued. Any employee making an unauthorized purchase shall be subject to appropriate discipline. All unauthorized purchases shall be reported to the appropriate supervisor. A purchase ordered or contract or sales transaction made contrary to the provisions hereof shall be null and void unless and until accepted by the Superintendent or designee. 
    23. Right to Inspect Plant of Place of Business - The Duval County Public Schools may, at reasonable times, inspect the part of the plant or place of business of a contractor, subcontractor, or supplies which is related to the performance of any contract awarded or to be awarded by the Duval County Public Schools.
    24. Right to Audit Records
      1. Audit of Cost or Pricing Data - The Duval County Public Schools may, at reasonable times and places, audit the books and records of any person who has submitted cost or pricing data pursuant to section II.L. Cost or Pricing Data certification, to the extent that such books and records relate to such cost or pricing data. Any person who receives a contract, change order, or contract modification for which cost or pricing data is required, shall maintain such books and records that relate to such cost or pricing data for three years from the date of final payment under the contract, unless a shorter period is otherwise authorized in writing.
      2. Contract Audit - The Duval County Public Schools shall be entitled to audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract other than a firm fixed-price contract to the extent that such books and records relate to the performance of such contract or subcontract. Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the prime contract and by the subcontractor for a period of three years from the date of final payment under the subcontract, unless a shorter period is otherwise authorized in writing.
    25. Finality of Determinations - The determinations required by previous sections are final and conclusive unless they are clearly erroneous, arbitrary, capricious, or contrary to law.
    26. Reporting of Anticompetitive Practices - When for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the appropriate law enforcement agency. 
    27. Retention of Procurement Records - All procurement records shall be retained and disposed of in accordance with records retention guidelines and schedules.
  3. Specifications
    1. Definitions of Terms Used in this Section - Before making any purchase of commodities or contractual services which the Superintendent or designee is authorized to make or before recommending any purchase to the School Board, the Superintendent or designee shall, insofar as possible, propose standards and specifications. With the exception of purchases made in accordance with section II.J.1, he or she shall see that the commodities or contractual services conform to those standards and specifications, and shall take such other steps as are necessary to see that the maximum value is being received for any money expended.
    2. Duties of the Director of Purchasing - The Director of Purchasing or designee shall prepare, issue, revise, maintain, and monitor the use of specifications for supplies, services, and construction required by the Duval County School Board.
    3. Duties of the Purchasing Department - Primary responsibility of proper specification preparation is centralized in the Purchasing Department. Such centralization will enhance the Board’s capabilities to produce, maintain, and revise specifications effectively to ensure that they are cogent and current.
    4. Specifications Prepared by Design Professionals -The Board may retain design professionals to prepare specifications on projects which shall be consistent with other policies and procedures of the Board.
    5. All specifications for additions, modifications, and alterations to School Board properties shall conform with the State Requirements for Educational Facilities (SREF) and the laws of the State of Florida.
  4. Modification and Termination of Contracts for Supplies and Services
    1. Contract Clauses - Contracts may include clauses providing for adjustments in prices, time of performance, or other contract provisions including:
      1. the unilateral right of the Duval County School Board to order in writing:
        1. changes in the work within the scope of the contract; and
        2. temporary stopping of the work or delaying performance; and
      2. Variations occurring between estimated quantities in a contract and actual quantities.
    2. Price Adjustments
      1. Adjustments in price pursuant to clauses promulgated under Subsection A. of this Section shall be computed in one or more of the following ways:
        1. by agreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable;
        2. by unit prices specified in the contract or subsequently agreed upon;
        3. by the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon;
        4. in such other manner as the contracting parties may mutually agree; or
        5. in the absence of agreement by the parties, by a unilateral determination by the Duval County School Board of the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as computed by the Duval County School Board subject to the provisions of Section V, Legal and Contractual Remedies.
    3. Additional Contract Clauses
      1. Procedures may be promulgated including, but not limited to, procedures permitting or requiring the inclusion in Board contracts of clauses providing for appropriate remedies and covering, but not limited to, the following subjects:
        1. liquidated damages as appropriate;
        2. specified excuses for delay or nonperformance;
        3. termination of the contract for default; and
        4. termination of the contract in whole or in part for the convenience of the Board.
        5. In order to promote efficient use of resources in support of the District’s Strategic Plan, it is the policy of the School Board that directly negotiated contracted services authorized by Board Policy 7.41 shall not be brokered. Specifically, the contractor must perform at least fifty percent (50%) of the services to be provided to the District in lieu of said services being provided by a subcontractor.
    4. Modification of Clauses - The Director of Purchasing may vary the clauses promulgated under Subsection A. and Subsection C. of this Section for inclusion in any particular Board contract; provided that any variations are supported by a written determination that states the circumstances justifying such variation and provided that notice of any such material variation be stated in the Invitation for Bids or Request for Proposals.
  5. Protests Arising From The Contract Solicitation or Award Process
    1. This section implements section 120.57(3), Florida Statutes and Chapter 28- 110, Florida Administrative Code.
      1. School District's Notice of Decision or Intended Decision. Pursuant to section 120.57(3), Florida Statutes, the Director of Purchasing shall post notice of a Decision or Intended Decision concerning a solicitation or contract award arising out of the contract solicitation or award process by electronic posting. “Electronic posting” or “electronically post” means the noticing of solicitations, agency decisions or intended decisions, or other matters relating to procurement on a centralized Internet website designated for this purpose. This notice shall contain the following statement: "Failure to file a protest within the time prescribed in section 120.57(3), Florida Statutes, or failure to post a bond or other security, as may be required by law, within the time allowed for filing a bond shall constitute a waiver of proceedings under Chapter 120, Florida Statutes."
      2. Notice of Protest. In a contract procurement process, any person who is adversely affected by the agency Decision or Intended Decision and intends to protest the Decision or Intended Decision, shall file a notice of protest in writing with the school district’s Agency Clerk (Executive Director, Office of Policy and Compliance) within seventy-two (72) hours after the posting of the notice of Decision or Intended Decision. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, including any provisions governing the methods for ranking bids, proposals, or replies, awarding contracts, reserving rights of further negotiation, or modifying or amending any contract, the notice of protest shall be filed with the Agency Clerk in writing within seventy-two (72) hours after the posting of the solicitation.
        1. A notice of protest should not be filed before the seventy-two (72) hour period begins. The seventy-two (72) hour period begins upon posting of the Decision or Intended Decision.
        2. The notice of protest must be actually received by the Agency Clerk before the seventy-two (72) hour period expires. The seventy-two (72) hour period excludes Saturdays, Sundays, and holidays when the school district’s administrative office is closed. The seventy-two (72) hour period is not extended by service of the notice of protest by mail. Failure to timely file a notice of protest shall constitute a waiver of proceedings under this section and section 120.57(3), Florida Statutes.
        3. The notice of protest shall identify the procurement by number and title or any other language that will clearly enable the Agency Clerk to identify it; and it shall state that the person intends to protest the decision.
      3. Formal Written Protest. The protester shall file a formal written protest with the Agency Clerk within ten (10) days after the date the notice of protest is filed. Failure to timely file the formal written protest shall constitute a waiver of proceedings under this Policy and section 120.57(3), Florida Statutes. The ten (10) day period for filing the petition is not extended by service of the petition by mail.
        1. The formal written protest shall:
          1. state with particularity the facts and law upon which the protest is based;
          2. contain all the information specified in Rule 28-106.201(2), Florida Administrative Code and Rule 28-106.301(2), Florida Administrative Code; and
          3. be substantially in the form of a petition set forth in Rule 28-110.004(2), Florida Administrative Code, naming "The School Board of Duval County, Florida" as the Respondent.
        2. Pursuant to Rule 28-110.004(1), Florida Administrative Code, if the formal written protest is filed in proper form within the seventy-two (72) hour period for filing a notice of protest, the formal written protest will also constitute the notice of protest, and all time limits applicable to a notice of protest are waived and the time limits relative to formal written protests shall apply.
        3. Posting the Bond. The party protesting the bid specification or recommended award shall be required to post a bond in a form consistent with Rule 28-110.005(2), Florida Administrative Code and timely submit that bond to the School District Purchasing Department.
        4. Bond: Commodities (Other than Lease of Space) and Contractual Services (Including Professional Services and Insurance). Any person who files an action protesting a Decision or Intended Decision pertaining to a solicitation or contract award shall post with the Director of Purchasing, at the time of filing the formal written protest, a bond secured by an acceptable surety company in Florida, payable to “The School Board of Duval County, Florida” in an amount equal to one percent (1%) of the School District's estimate of the dollar value of the proposed contract.
          1. The School District shall provide the estimated contract amount to the protester within seventy-two (72) hours (excluding Saturdays, Sundays, and holidays when the School District administrative office is closed) after the filing of the notice of protest. The estimated contract amount is not subject to protest under this Policy or section 120.57(3), Florida Statutes. This information may be provided as part of the Decision or Intended Decision documents. In lieu of a bond, the Director of Purchasing may accept a cashier's check, official bank check, or money order in the amount of the bond.
          2. The bond shall be conditioned upon the payment of all costs and charges which may be adjudged against the protestor in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding.
          3. If, after completion of the administrative hearing process and any appellate court proceedings, the School Board prevails, it shall be entitled to recover all costs and charges which are included in the final order or judgment, excluding attorney's fees. Upon payment of such costs and charges by the person protesting the Decision or Intended Decision or contract award, the bond, cashier's check, official bank check, or money order shall be returned to the protestor. If, after the completion of the administrative hearing process and any appellate court proceedings, the protestor prevails, the protestor may recover from the School Board the costs and charges which are included in the final order or judgment, excluding attorney's fees.
        5. Bond: Construction Purchasing. Protesters regarding competitive procurement related to educational facilities shall be required to post a bond in the amount specified in section 255.0516, Florida Statutes, which also governs recovery of fees and costs including attorney's fees. With respect to a protest of the terms, conditions, and specifications contained in a solicitation, protesters shall post a bond in the amount of one percent (1%) of the School District’s estimate of the dollar value of the proposed contract or $5,000, whichever is greater.
          1. Staying the Procurement Process. Upon timely receipt of the formal written protest, the solicitation or contract award process shall be stopped until the subject of the protest is resolved by final agency action, unless the Director of Purchasing sets forth in writing particular facts and circumstances which require the continuance of the solicitation or contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare.
          2. Informal Resolution Meeting. The Director of Purchasing shall provide an opportunity to resolve the protest by mutual agreement between the parties within seven (7) days (excluding Saturdays, Sundays, and holidays when the School District administrative offices are closed) of receipt of the formal written protest. All affected parties shall be notified of the notice of protest.
          3. Hearing. If the protest is not resolved by mutual agreement within seven (7) days (excluding Saturdays, Sundays, and holidays when the school district’s administrative offices are closed) after receipt of the formal written protest; and
            1. if there is no disputed issue of material fact, an informal proceeding shall be conducted pursuant to section 120.57(2), Florida Statutes and applicable Board Policies, and may be conducted before a hearing officer designated by the Superintendent; or
            2. if there is a disputed issue of material fact, as determined by the Agency Clerk, in accordance with section 120.569, Florida Statutes, the protest shall be referred within fifteen (15) days after the Agency Clerk receives the Formal Written Protest to the Division of Administrative Hearings for a formal hearing under section 120.57(1), Florida Statutes.
          4. As stated in section 120.57(3)(f), Florida Statutes, the burden of proof shall rest with the party protesting the proposed agency action.
            1. In any bid-protest proceeding contesting an intended agency action to reject all bids, proposals, or replies, the standard of review shall be whether the School Board's intended action is illegal, arbitrary, dishonest, or fraudulent.
            2. In competitive-procurement protests other than those contesting an intended agency action to reject all bids, proposals, or replies, the hearing officer or administrative law judge will conduct a de novo proceeding to determine whether the School Board's proposed action is contrary to the governing statutes, the School Board's Policies, or the solicitation documents. The standard of proof for such proceedings shall be whether the proposed agency action was clearly erroneous, contrary to competition, arbitrary, or capricious.
    2. Authority to Debar or Suspend
      1. Authority - After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the Board shall have authority to debar a person for cause from consideration for award of contracts. The debarment shall not be for a period of more than three years. The Director of Purchasing shall have authority to suspend a person from consideration for award of contracts if there is probable cause for debarment. The suspension shall not be for a period exceeding three months. The authority to debar shall be exercised in accordance with procedures.
      2. Causes for Debarment or Suspension -The causes for debarment or suspension include the following:
        1. conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;
        2. conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a Duval County Public Schools contractor;
        3. conviction under state or federal antitrust statutes arising out of the submission of bids or proposals;
        4. violation of contract provisions, as set forth below, of a character which is regarded by the Director of Purchasing to be so serious as to justify debarment action:
          1. deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or
          2. a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment;
        5. any other cause the Director of Purchasing determines to be so serious and compelling as to affect responsibility as a Duval County Public Schools contractor, including debarment by another governmental entity for any cause.
      3. Decision - The Director of Purchasing shall make a recommendation to the Superintendent to debar or suspend. The Board shall approve, reject, or modify this recommendation at a public meeting. The suspended or debarred person may appeal this action to the School Board at a public meeting.
      4. Notice of Decision - A notice of the action taken by the Board under Subsection 3. of this section shall be mailed or otherwise furnished immediately to the debarred or suspended person and any other party intervening. This notice shall include:
        1. the reasons for the action taken; and
        2. the length of time of the debarment.
    3. Applicability of this Part. The provisions of this part apply where it is determined administratively, or upon administrative or judicial review, that a solicitation or award of a contract is in violation of law.
    4. Remedies Prior to an Award. If prior to award it is determined that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award shall be canceled or revised to comply with the law.
    5. Remedies After an Award. If after an award it is determined that a solicitation or award of a contract is in violation of the law, then:
      1. if the person awarded the contract has not acted fraudulently or in bad faith, the contract may be ratified and affirmed, provided it is determined that doing so is in the best interest of the Duval County Public Schools;
      2. if the person awarded the contract has acted fraudulently or in bad faith, then:
        1. the contract may be declared null and void; or
        2. the contract may be ratified and affirmed if suchaction is in the best interests of the Duval County Public Schools, without prejudice to the Duval CountyPublic Schools’ rights to such damages as may be appropriate.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED:112.312, 120.57, 212.0821, 255.04, 274.02, 287.017, 287.057, 1001.43, 1010.01, 1010.04, 1013.47, F.S. STATE BOARD OF EDUCATION RULE(S): 6A‐1.012, 6A‐1.085, 6A‐1.087 HISTORY: ADOPTED: December 15, 1998 REVISION DATE(S): 04/05/22; 12/07/21; 12/08/14; 10/02/12; 09/07/10; 11/10/08; 11/04/03

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7.71 CONFLICT OF INTEREST IN PURCHASING

The following provisions shall apply for all purchases of materials, equipment, and services from District funds. Any conflict of interest, as described herein, by a School Board employee may be grounds for disciplinary action.

  1. No contract for goods or services may be made with any business organization in which:
    1. The Superintendent or School Board member has any financial interest whatsoever;
    2. A spouse or child of the Superintendent or School Board member has a material interest as defined by Section 112.312, Florida Statutes; or,
    3. A School Board employee has an employment relationship or material interest as defined by Section 112.312, Florida Statutes.
  2. No School Board employee may directly or indirectly purchase or recommend the purchase of goods of services from any business organization in which his/her spouse or child has a material interest as defined by Section 112.312, Florida Statutes.
  3. School Board employees or officials may not use bid prices or school prices or receive gifts or any preferential treatment in making personal purchases. A School Board employee shall not be prohibited from participating in any activity or purchasing program that is publicly offered to all School Board employees or in District surplus sales provided there is no preferential treatment.
  4. All School Board employees shall comply with Board Policy 7.70, Section II.D.8 – Ex Parte Communication.
  5. Each School Board employee shall annually acknowledge their understanding of this policy, as well as Board Policy 6.87, "Gifts for School Board Employees."

STATUTORY AUTHORITY: 1001.41, F.S. LAW(S) IMPLEMENTED: 112.313, 1010.04, F.S. HISTORY: ADOPTED: April 1, 1997 REVISION DATE(S): 12/08/14; 11/10/08; 8/5/03; 12/15/98; 05/02/23 FORMERLY: DJE

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7.72 SMALL/MICRO BUSINESS ENTERPRISE PROGRAM AND MINORITY/WOMEN BUSINESS ENTERPRISE CERTIFICATION

The Small/Micro Business Enterprise Program is established to provide expanded and equitable participation by small and micro businesses in School Board procurement of goods and services, construction, and professional services.

Office of Economic Opportunity (OEO)

The OEO shall administer and implement the Small/Micro Business Enterprise (S/MBE) Program and Minority/Women Business Enterprise (M/WBE) Certification and:

  1. enforce anti-discrimination practices in the award of contracts for construction projects, procurement of goods and services, and professional services;
  2. provide maximum legally permissible opportunities for small and minority/women business enterprises to participate in the award and performance of Board contracts;
  3. monitor, track and certify small businesses and minority/women business enterprises;
  4. enforce compliance with policy;
  5. develop and implement necessary administrative procedures to fully implement these programs;
  6. assist in resolving monetary disputes;
  7. establish a comprehensive contract reporting and monitoring system to evaluate the effectiveness of these programs in increasing contracting opportunities for small and minority/women businesses;
  8. maintain, distribute, and publish a directory of certified S/MBE, and M/WBE firms.

Small/Micro Business Enterprise Program

The Small/Micro Business Enterprise (S/MBE) Program is a race and gender-neutral process to provide greater S/MBE availability, capacity development and contract participation in Board contracts, to advance the Board’s compelling interest in ensuring that it is neither an active nor passive participant in private sector marketplace discrimination, and to promote equal opportunity for all segments of the contracting community to participate in Board contracts.

Application

This program applies to Board contracts funded in whole or in part by Board funds except where Federal or State laws or regulations prohibit its application. The Office of Economic Opportunity has the discretion to identify classes of contracts or parts of contracts that are subject to this program. The OEO shall also prepare necessary procedures, bid and contract documents to implement the program.

Subcontractor Goals

Subcontractor goals may be applied to a contract based on estimates made prior to bid advertisement of the quality, quantity and type of subcontracting opportunities provided by the contract and the availability of SBE/MBEs to perform the work.

S/MBE Eligibility and Certification

    1. The OEO shall certify a company or other business entity as a SBE or MBE upon its submission of a completed District required certification form, supporting documentation, and a signed affidavit stating that it meets all of the following criteria:
      1. Is an independently owned and operated business that is not dominant in its field of operation and is performing a commercially useful function.
      2. The business has its principal place of business in Baker, Clay, Duval, Nassau or St. Johns County for at least a year preceding the application.
      3. The business has been established for at least one (1) year or the principals of the business have at least three (3) years of relevant experience prior to forming or joining the business.
      4. The business has a local business tax receipt and all required professional licenses, contractor qualifier licenses, and/or Certificate of Competency.
      5. The owner of the business must have the required professional license(s) and contractor qualification license.
    2. Additionally, the requirements for S/MBE Program eligibility based on industry are:
      1. Small Business Enterprise 
        1. Architecture and Engineering: The annual gross revenue average over the previous three (3) years shall not exceed $2,000,000 (Tier 1) or $4,000,000 (Tier 2), or $6,000,000 (Tier 3).
        2. Construction: The annual gross revenue averaged over the previous three (3) years shall not exceed $5,000,000 (Tier 1) or $10,000,000 (Tier 2), or $15,000,000 (Tier 3).
        3. Goods and Services (Procurement Program): The annual gross revenue averaged over the previous three (3) year period shall not exceed $1,500,000 (Tier 1) or $3,500,000 (Tier 2), or $5,000,000 (Tier 3).
        4. Professional Services: The annual gross revenue averaged over the previous three (3) years shall not exceed $1,000,000 (Tier 1) or $ 2,000,000 (Tier 2) or $4,000,000 (Tier 3).
      2. Micro Business Enterprise
        1. Architecture and Engineering: The annual gross revenue average over the previous three (3) years shall not exceed $750,000 (Tier 1) or $1,200,000 (Tier 2) or $2,000,000 (Tier 3).
        2. Construction: The annual gross revenue averaged over the previous three (3) years shall not exceed $2,000,000 (Tier 1) or $4,000,000 (Tier 2) or $5,000,000 (Tier 3).
        3. Goods and Services (Procurement Program): The annual gross revenue averaged over the previous three (3) year period shall not exceed $750,000 (Tier 1) or $1,000,000 (Tier 2) or $1,500,000 (Tier 3).
        4. Professional Services: The annual gross revenue averaged over the previous three (3) years shall not exceed $500,000 (Tier 1) or $750,000 (Tier 2) or $1,000,000 (Tier 3).

Minority/Women Business Enterprise Program

The Minority/Women Business Enterprise (M/WBE) Program is established to enhance the bidding and selection opportunities of M/WBEs on certain contracts.

    1. Terms and Definitions
      1. Minority Ownership – minority ownership means that for:
        1. Sole Proprietorship - a sole proprietor must be a minority person or woman.
        2. Partnership - a minority/woman individual's interest must include at least fifty-one percent (51%) of the ownership, profit/loss, voting control, and capital of the partnership.
        3. Corporation - minority/women must own at least fifty-one percent (51%) of all voting stock, issued by a corporation. No stock held in trust, or by any guardian for a minor, shall be considered held by the minority/woman individual, in determining ownership and control.
        4. Limited Liability Company (LLC) – minority/women must control the management and operations, as well as hold at least fifty-one percent (51%) of the company’s ownership interest. A minority owner(s) also has voting rights to elect the board of directors, chief executive officer and all other management personnel.
      2. Minority Person - is a person born or naturalized in the United States. Resident aliens and holders of permanent visas are not considered to be citizens. The following groups are considered:
        1. An African American, a person having origins in any of the black racial groups of the African Diaspora, regardless of cultural origin.
        2. A Hispanic American, a person of Spanish or Portuguese culture with origins in Spain, Portugal, Mexico, South America, Central America, or the Caribbean, regardless of race.
        3. An Asian American, a person having origins of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands, including the Hawaiian Islands before 1778.
        4. A Native American, a person who has origins in any of the Indian Tribes of North America before 1835, upon presentation of proper documentation as established by rule of the Department of Management Services.
        5. An American born or naturalized woman. 
    2. M/WBE Eligibility and Certification
      1. The OEO shall certify a company or other business entity as a M/WBE upon its submission of a completed certification form, supporting documentation, and a signed affidavit stating that it meets the following criteria:
        1. It employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than $7 million. For sole proprietorships, the $7 million net worth requirement shall include both personal and business investments.
        2. It is owned and controlled by at least fifty-one percent (51%) by a minority person/s who are members of an insular group that is of a specific racial, ethnic, or gender makeup or national origin which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group’s control, and whose management and daily operations are controlled by such persons. A minority business enterprise may primarily involve the practice of a profession.
        3. It has its principal place of business in Baker, Clay, Duval, Nassau, or St. Johns County for at least one (1) year preceding the application.
        4. The business has an occupational license and all required professional licenses and/or contractor qualifier licenses.
        5. The owner of the business must have the required professional license(s) and contractor qualification license.
      2. Other factors in determining ownership that will be considered shall include, but are not limited to the following:
        1. Whether minority/women owners are entitled to share in the profits of the business, through salaries, bonuses, profit sharing, dividends, and all other benefits, commensurate their ownership.
        2. Whether minority/women owners share in all the risks of business, including, but not limited to, third party agreements, bonding and financial arrangements.
        3. Ownership by a minority person does not include ownership that is the result of a transfer from a nonminority person to a minority person within a related immediate family group. The term “related immediate family group” means one (1) or more children under sixteen (16) years of age and a parent of such children or the spouse of such parent residing in the same house or living unit.
        4. Minority/Women owners must also demonstrate control over the affairs, management, and operations, of the business. The discretion of minority/women owners shall not be subject to any formal or informal restrictions (including, but not limited to, bylaw provisions, partnership agreements, trust agreements, or requirements for cumulative voting) that would impact or usurp the minority/women owners' managerial and operational discretion. Documents that establish control include but are not limited to: corporate bylaws, operating agreements, partnership agreements, management agreements or other agreements. Such documents should be free of restrictive language which dilutes a minority/woman owner(s)' control and prohibits him/her from making decisions.
          1. The minority/woman owner(s) must submit documentation demonstrating control through the authority and responsibility to sign company checks, for all bank accounts, and letters of credit, negotiate contracts on behalf of the business, signature responsibility for insurance, bid bonds, and performance and payment bonds, negotiate bank transactions, and guarantee all instruments which indebt the business.
          2. Unless a business is a franchise, agreements for contractual support services that usurp a minority/woman owner's authority to control a company are not allowed.
          3. Minority/Women owners shall control or supervise the hiring, firing and supervision of employees, and establishment of employment policies, wages, benefits and other employment conditions.
          4. Minority/Women owners shall have knowledge and control of all financial matters of the business.

STATUTORY AUTHORITY: 1001.41, F.S. LAW(S) IMPLEMENTED: 287.094, 1010.04, 1011.06, 1013.46, F.S.HISTORY: ADOPTED: April 1, 1997 REVISION DATE(S): 11/10/08; 12/08/14; 05/02/23 FORMERLY: DJE, FEG    

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7.73 ADVANCE PURPOSE AGREEMENTS FOR SCHOOL ACTIVITIES

Purchase for any school activity or group shall not exceed the available cash resources of that school activity or group during any school year unless financing is arranged through an advance from the School Board prior to a purchase or purchase contract agreement. An appropriate resolution shall be presented to the School Board when a school desires to adjust its financial priorities to purchase items as described herein which cannot be financed from the school's current funds. The resolution shall be prepared by the school's recognized organization and shall be approved by its membership in accordance with the organization's charter and bylaws.

STATUTORY AUTHORITY: 1001.41, F.S. LAW(S) IMPLEMENTED: 1001.42, 1010.04, F.S. STATE BOARD OF EDUCATION RULE(S): 6A-1.012, 6A-1.087; 6A-1.091 HISTORY: ADOPTED: April 1, 1997 REVISION DATE(S): 11/10/08; 05/08/17 FORMERLY: DJE  

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7.74 PURCHASES FOR STUDENTS

Schools shall utilize District established procurement procedures, pursuant to Board Policy 7.70, for goods and services that are purchased by students and their parents or legal guardians, and schools shall comply with the requirements of Board Policy 3.28 as applicable. This shall include, but not be limited to, student photographs, pictures of graduating seniors, printing of school annuals, class rings, and graduation caps and gowns. Such procedures shall be consistent with procedures, including, without limitation, employed by the Business and Financial Services Division, including without limitation, the use of internal funds. All purchasing documentation and contracts entered into by the school principal shall be maintained on file in the principal's office. All funds from the above-mentioned activities must be deposited in the school's internal funds and shall be subject to the regular individual school audit.

STATUTORY AUTHORITY: 1001.41, F.S. LAW(S) IMPLEMENTED: 1001.51, 1010.04, F.S. STATE BOARD OF EDUCATION RULE(S): 6A-1.001 HISTORY: ADOPTED: April 1, 1997 REVISION DATE(S): 11/10/08; 05/07/19 FORMERLY: DJE  

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7.75 QUALITY CONTROL AND INSPECTIONS

Director of Purchasing or designee shall give primary attention to the procurement of supplies, services, materials, and equipment of the quality desired. He/She shall ensure the achievement of desirable quality levels in all purchasing areas through refinement of specifications, trial tests, purchasing guides, field checks, and inspections.

  1. Product and service testing shall be an integral and continual part of the material acquisition program authorized by the School Board.
  2. All School Board employees who are responsible for accepting delivery of products or services shall evaluate products and services to determine conformity with the required quality levels before initiating payment proceedings. Products or services which do not meet applicable standards shall be reported to the appropriate authority for corrective action.

STATUTORY AUTHORITY: 1001.41, F.S. LAW(S) IMPLEMENTED: 1001.51, 1010.04, F.S. HISTORY: ADOPTED: April 1, 1997 REVISION DATE(S): 11/10/08; 12/15/98 FORMERLY: DJE    

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7.76 PAYMENTS TO CONTRACTORS DURING CONSTRUCTION

Payments to construction contractors shall be based on the following:

  1. Schedule of Values

The contractor shall submit a schedule of values allocated to various portions of the work approved by the design professional. This schedule of values shall be submitted on the forms indicated in the contract documents and shall be used as a basis for the contractor's application for payment.

  1. Monthly Application for Payment

The contractor shall submit a monthly application for payment to the design professional at least ten (10) days prior to the date for each progress payment. The application shall be in the same format and based on the same cost data as the original schedule of values, showing the amount of work completed or materials stored at the site for each category of work.

  1. Payments for Stored Materials and/or Equipment

Payments shall be made on account of materials or equipment delivered and suitably stored at the site. Payment for materials and/or equipment stored other than the site shall be agreed upon in writing and in advance.

 

    1. Materials stored off-site shall be stored in a bonded warehouse or other suitable location if approved in advance by the Superintendent or designee.
    1. The contractor shall:
      1. Provide bills of sale to establish the owner's title to the materials or equipment;
      1. Supply applicable insurance;
      1. Furnish transportation to the site for those materials and equipment; and,
      1. Document consent of surety to the arrangement before the payment is authorized.
  1. Payment Processing and Retainage

Payments and retainage shall be processed in accordance with 218.735, Florida Statutes.

  1. Final Payment

The final payment may be released to the contractor and the design professional upon receipt of the Certificate of Final Inspection (CFI) issued by the DCPS Office of Code Enforcement, completion of all work in accordance with the approved plans and specifications and approved change orders, written acceptance of the project by the architect/engineer and another DCPS employee designated by the Superintendent, and acceptance by the Board.

STATUTORY AUTHORITY: 1001.41, F.S. LAW(S) IMPLEMENTED: 218.735, 1001.42, 1013.47, 1013.50, F.S. HISTORY:ADOPTED: April 1, 1997 REVISION DATE(S): 11/10/08; 12/15/98; 8/5/2014; FORMERLY: DK

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7.78 SELECTING PROFESSIONAL SERVICES

When it is determined that the School Board may need to contract for the professional services of an architect, professional engineer, registered land surveyor, Design-Build, Construction Management or Program Management firm, such services shall be procured in a manner consistent with Section 287.055 F.S. Consultants’ Competitive Negotiation Act.

The Superintendent shall develop procedures for the selection of professional services in accordance with the Board Purchasing Policy.

Contracts - Any contract entered into by the School Board for professional services, as provided herein, shall include a prohibition against contingent fees.

The Superintendent or designee may authorize outside consultants to provide professional reviews, assistance or training.

Full or part-time employees of the Board shall not contract for additional service to the Board as consultants.

STATUTORY AUTHORITY: 1001.42, F.S. LAW(S) IMPLEMENTED: 237.02, 287.055, 1001.43, 1001.45, 1011.06, F.S. HISTORY:ADOPTED: April 1, 1997 REVISION DATE(S): 11/10/08  FORMERLY: FE 

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7.80 ACQUISITION , USE, AND EXCHANGE OF SCHOOL PROPERTY

  1. Acquisition
    1. All property purchased through District funds, internal funds, or donations from outside sources shall be acquired using District purchasing procedures.
    2. All property, including vehicular equipment, shall be under the full control and name of the School Board.
    3. All property with a value consistent with the provisions of the Property Management, Inventories and Property Records policy, acquired through internal accounts or donations, shall be reported immediately by the principal or work site supervisor to the designated property records office on the prescribed forms.
    4. Principals and work site supervisor shall be responsible for determining that all property is identified and accounted.
  2. Exchange - Each principal and work site supervisor shall determine the property needs for his/her school or department. The principal or District department head shall declare any property which is not needed, upon approval of the designated property control office, and may requisition additional property through proper procedures.
    1. Surplus property shall be reported on proper forms to the designated Property Records office which shall be responsible for acquiring, storing, re- issuing, and disposing of the surplus property.
    2. Property items with a value as established in I.C. above may be exchanged between schools and District departments when approval is granted by the designated property records office and subsequently by the appropriate District department head. Notification of each approval shall be filed in writing or electronically with the designated property records office to adjust property records of schools and District departments.
    3. School Board equipment may be used by employees away from School Board property under certain conditions when prior approval is obtained from the principal or District department head. These conditions include familiarization with the equipment for instructional purposes or improvement of job performance.
    4. School Board equipment shall not be used for gainful outside employment or private use of employees or by any outside group or organization.
  3. Acquisition of real property is not included under this policy.

STATUTORY AUTHORITY: 1001.42, F.S. LAW(S) IMPLEMENTED: 274.01, 274.02, 1001.43, 1011.06, F.S. HISTORY:ADOPTED: April 1, 1997 REVISION DATE(S): 11/10/08; 05/08/17  FORMERLY: DID   

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7.81 ACQUISITION OF REAL PROPERTY

  1. A determination by the School Board that real property is needed for school use shall be based on approved master planning data. Two (2) or more proposed locations shall be considered for each acquisition unless extenuating circumstances preclude such consideration. Extenuating circumstances shall be as follows:
    1. Availability of alternate locations because of prior land use commitments; the need to acquire land adjacent to an existing school site for purpose of expanding said site; or the purpose of establishing a new school center adjacent to an existing school center for implementation of programs that may be suitably carried out through common use of facilities for more than one (1) school.
    2. Joint use of land, as part of a master plan, for educational purposes and community recreational and cultural purposes.
  2. The Superintendent or designee may negotiate with the owner and determine the purchase price of the land, if such is determined to be in the best interest of the School Board.
  3. If it is determined to be in the best interest of the School Board, two (2) independent, qualified real estate appraisers shall be appointed to provide a standard narrative form of appraisal complete with supporting data. Final settlement shall not exceed the amount of the highest appraisal.
  4. If negotiations with the owner are not successful, the School Board may exercise its right of eminent domain, and proceedings shall be filed in a court having jurisdiction and a date of value established on which to base the market value of the property.
  5. Topographical surveys and legal descriptions shall be obtained, including metes and bounds description of all real property considered for purchase.
  6. Upon decision of the School Board to acquire real property, a title search shall be initiated by a competent, legal consultant or a title search company, and a policy of title insurance will be required upon completion of acquisition proceedings secured by surety satisfactory to the School Board.

STATUTORY AUTHORITY:1001.42, F.S. LAW(S) IMPLEMENTED: 1001.43, 1013.14, 1013.24, 1013.36, F.S. STATE BOARD OF EDUCATION RULE(S): 6-2.001 HISTORY:ADOPTED: November 10, 2008 REVISION DATE(S): N/A FORMERLY: NE


7.82 LEASE AND LEASE-PURCHASE OF FACILITIES AND EQUIPMENT

  1. When it is necessary to furnish facilities for instructional purposes other than School Board owned facilities, the Superintendent may recommend the acquisition of such facilities under lease or lease-purchase agreements under provision of Florida Statutes through competitive bids or proposals. The Superintendent’s recommendation shall include:
    1. Acquisitions in the best interest of the District; bbb Length and terms of such agreements;
    2. Procedures for developing and approval of agreements;
    3. Estimated annual costs and sources of funding;
    4. Proposed schedule for any required public advertisements and hearings;
    5. All required written documents necessary for the execution and maintenance of agreements;
    6. Agreements do not constitute a debt, liability, or obligation of the State or Board, or pledge the faith and credit of the State or Board.
  2. The School Board may authorize the lease or rental of equipment for use in the District when one (1) or more of the following or similar conditions exist:
    1. A lease is more economical than the purchase due to the temporary or short duration for utilizing the equipment.
    2. The item's suitability for a purpose cannot be conclusively established.
    3. The availability of a new or improved design of the item proposed for use is impending.
    4. The leasing of equipment may enable a project to start or continue when the purchase price exceeds available funds.
    5. The item needed for a service is available only on a lease or rental basis from the patent holder.

STATUTORY AUTHORITY:1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 1001.43, 1013.15, 1013.19, F.S. HISTORY:ADOPTED: April 1, 1997 REVISION DATE(S): 11/10/08; 05/08/17 FORMERLY: DJE, FCC 

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7.83 SALE, TRANSFER, OR DISPOSAL OF PROPERTY

The School Board may sell, transfer or dispose of any school real or tangible property, including instructional materials, declared by resolution of the Board to be unnecessary or unsuitable for school purposes because of location, condition or other cause.

    1. Land or Buildings.The Superintendent shall recommend to the School Board any land or buildings (the “property”) that is unsuitable or unnecessary for educational purposes because of location or other cause. The School Board shall review these recommendations and shall declare by resolution property that is unnecessary for educational purposes or otherwise unsuitable for educational purposes. Upon the Superintendent’s recommendation (considering, among other matters, the best value), the School Board may then authorize the Superintendent to proceed with disposition (sale or lease/option to purchase) of the property in accordance with Sections 1013.28 and/or 1013.15, Florida Statutes. If the property is designated for disposition (sale or lease/option to purchase), then the Superintendent shall cause written notice to be sent to each district charter school of any competitive process for such disposition of the property. If the property will not be offered for sale or lease/option to purchase, but instead be available for use by other district public schools, then the provisions of Section 1002.33(18), Florida Statutes (relating to charter schools) shall be applicable, and the Superintendent shall cause written notices to be sent to the district charter schools of the process for the utilization of such available property.
    2. Tangible Personal Property. Disposal of surplus tangible personal property shall be in accordance with Chapters 274.05, 274.06, and 274.07, Florida Statutes.
      1. The proceeds from the sale of tangible personal property which is included on the property inventory shall be identified as revenue from the sale of equipment.
      2. Funds generated from the sale of scrap or junk materials shall be deposited in accordance with these provisions.
        1. Funds for scrap originating from items, equipment, or supplies purchased with budgeted funds shall be returned to the school property deposit account.
        2. Funds for scrap originating from donated items or equipment shall be returned to school internal funds.
        3. The disposal of donated, registered vehicles shall be in accordance with School District Procedures as developed by the Superintendent, and shall be returned to the District General Funds.
        4. Funds generated from the sale of surplus District owned fleet vehicles and equipment shall be deposited into the District Fleet Services account to be used to offset annual fuel and repair costs and the purchase of replacement vehicles.
    3. Instructional Materials. Disposal of surplus and obsolete instructional materials shall be in accordance with State Board of Education Rule 6A-7.074.

STATUTORY AUTHORITY:1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 274.05, 274.06, 274.07, 1001.43, 1006.41, 1013.15, 1013.28, F.S. STATE BOARD OF EDUCATION RULE(S): 6A-2.0010 FAC; SREF 1.4 HISTORY: ADOPTED: July, 2008 REVISION DATE(S): 11/10/08; 05/07/19 FORMERLY: DN

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7.85 PROPERTY MANAGEMENT, INVENTORIES AND PROPERTY RECORDS

  1. School Property Custodians
    1. The Superintendent is designated as the custodian for all property owned or controlled by the School Board provided, however, he/she may delegate responsibilities to other school personnel.
    2. Each school principal shall be the custodian of all property located at and charged to that school. The District department head shall be the custodian of all property purchased through and assigned to that department. The principal or the District department head may delegate the responsibility to employees in that school or department and that person shall be responsible to the principal or District department head.
    3. Principals and District department heads shall make provisions to ensure that all School Board facilities are locked and secured when not in use by students, employees or other authorized persons.
  2. The Superintendent or designee shall maintain an adequate and accurate record of all tangible personal property of the District. The record shall be consistent with all requirements of Florida Statutes and the rules of the Auditor General. School inventories shall be verified by the District administration at the Superintendent’s direction. The Superintendent shall develop administrative procedures to implement this policy.
  3. Any incoming principal and the property control officer shall make an inventory of all school equipment when the new principal assumes the duties of the position. This inventory shall be checked against the last inventory made at the school and a report shall be filed with the District office to identify any shortages or discrepancies.

STATUTORY AUTHORITY:1001.42, F.S. LAW(S) IMPLEMENTED: 274.05, 274.06, 274.07, 1001.43, 1006.41, 1013.28, 1013.15, F.S. HISTORY:ADOPTED: November 10, 2008 REVISION DATE(S): N/A FORMERLY: DID, EC

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7.87 DONATED EQUIPMENT

Any equipment donated by any individual or organization shall become the School Board's property, shall be placed on the school's inventory, and shall remain in the school unless the Superintendent or designee authorizes in writing and/or electronic acknowledgement its transfer to another school. In accepting donations of any equipment, the principal shall exercise due care to ascertain that the equipment is operable, has a reasonable life expectancy, and is in the School Board's best interest. The proper form must be filled out and turned in to the District to be added to the school’s inventory. District personnel may assist in making these determinations. Equipment requiring excessive funds to maintain or to place in operable condition shall not be accepted by school principals or other school personnel.

STATUTORY AUTHORITY: 1001.41, F.S. LAW(S) IMPLEMENTED: 274.02, 1001.421, F.S. HISTORY:ADOPTED: April 1, 1997 REVISION DATE(S): 11/10/08; 05/08/17 FORMERLY: KCD  

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7.88 LOST OR STOLEN PROPERTY

  1. The principal or designee shall notify the following individuals when any school property has been vandalized, stolen, or lost:
    1. The proper law enforcement agency immediately to provide such information as may be available if the property is believed to have been stolen;
    2. The District office by telephone; and,
    3. In writing with a copy of such notice being sent to the Superintendent.
  2. The custodian of the property records shall prepare a written report and recommendations to the Superintendent if the property is not recovered within thirty (30) days.
  3. The Superintendent shall report to the Board any property that has been lost or stolen if not recovered within thirty (30) days after the discovery of the loss or theft except major losses shall be reported to the Board immediately. Such report shall include a recommendation that the property record be made inactive and any information applicable to personal liability shall also be reported.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 274.02, 1001.43, F.S. HISTORY:ADOPTED: November 10, 2008 REVISION DATE(S): N/A FORMERLY: NEW   

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7.90 RISK MANAGEMENT INSURANCE

  1. The School Board recognizes the benefits to the District of self-insurance in providing coverage for insurance needs of the District and in developing and maintaining programs of risk management to prevent loss, reduce expense, and to control liability.
  2. The School Board may provide Risk Management Programs, which may include but not limited to, the following:
    1. Loss or damage to District property, real or personal;

    2. Loss or damage from liability resulting from the use of District property;

    3. Loss or damage from liability for the acts or omissions of District officers, employees, or volunteers;

    4. Loss or damage from liability established by workers’ compensation statutes;

    5. Expenses of defending any claim against the Board members, officers or employees of this District arising out of and in the course of the performance of their duties;

    6. Other insurance programs needed to adequately protect the District from loss while supporting the goals of the District; and/or

    7. Hospital and medical insurance coverage.

  3. The District’s “Risk Manager” (for the purpose of this policy, the Risk Manager shall be the District employee whose job functions are the direct responsibility for the management and administration of the District’s Risk Management Programs) shall negotiate with commercial insurance carriers for the type and amount of insurance policies necessary to protect the District from major financial losses.
  4. Insurance purchased may include, but not be limited to, the following types of losses:
    1. buildings and their contents;

    2. boiler and machinery;

    3. broad term money and securities;

    4. special coverage for equipment not ordinarily covered under a standard policy;

    5. the expenses of defending any claim against School Board members, officers, or employees of this District arising out of and in the course of performance of their duties; and/or

    6. loss or damage from liability for the general acts or errors and omissions of District officers, employees or volunteers.

  5. Pursuant to State Board Rule F.A.C. 6A-1.012(15), or except as otherwise required by statute, the District, when purchasing insurance, entering into risk management programs, or contracting with third party administrators, may make any such acquisitions through the competitive solicitation process or by direct negotiations and contract.
  6. The Risk Manager may choose to retain the cost of certain liabilities (self-insure) through a risk management program as provided by s. 768.28, F.S. These may include, but need not be limited to, the following:
    1. Comprehensive bodily injury, property damage, property damage on automobiles, buses and trucks;

    2. Loss or damage from liability established by workers’ compensation statutes; and/or

    3. Legal liability for Board members and employees.

  7. In order to clearly identify the settlement procedures and authority for claims and lawsuits brought against the District including, but not limited to Workers’ Compensation, General Liability, Labor and Employment, Automobile Liability, Professional Liability/Errors & Omissions, Non-Tort actions (e.g. contracts or employment), the following shall apply:
      1. All Claims Except for Labor and Employment:
        1. Not in excess of $50,000: For each claim settlement not in excess of $50,000, the Risk Manager shall perform all functions in connection with such claims including the offering and acceptance of settlements, receiving restitution or other settlement payments, and signature and delivery of Proof of Loss and Settlement contracts on behalf of the District.
        2. Above $50,000 and up to and including $200,000: For each claim settlement in excess of $50,000 and up to and including $200,000, the Risk Manager in consultation with assigned counsel for the District shall be responsible for the functions in connection with such claims, including but not limited to the offering and acceptance of settlements. Receiving restitution payments, signing Proofs of Loss and Settlement contracts and other necessary functions as deemed necessary by counsel for the District and the District’s excess insurance carriers will be performed by the Risk Manager and the District’s third party claims administrator.
        3. All claims above $200,000: All claims in excess of $200,000 will require Board approval upon recommendation of the Risk Manager and the District’s counsel.
      2. Labor and Employment Claims:
        1. Not in excess of $10,000: For each claim settlement not in excess of $10,000, the Assistant Superintendent of Human Resources Services shall perform all functions in connection with such claims including the offering and acceptance of settlements, receiving restitution or other settlement payments, and signature and delivery of Proof of Loss and Settlement contracts on behalf of the District.
        2. Above $10,000 and up to and including $200,000: For each claim settlement in excess of $10,000 and up to and including $200,000, counsel for the District shall be responsible for the functions in connection with such claims, including but not limited to the offering and acceptance of settlements. Receiving restitution payments, signing Proofs of Loss and Settlement contracts and other necessary functions as deemed necessary by counsel for the District and the District’s excess insurance carriers will be performed by the Risk Manager and the District’s third party claims administrator.
        3. All claims above $200,000: All claims in excess of $200,000 will require Board approval upon recommendation of the Risk Manager and District’s counsel.
      3. Resitution and Other Settlement Payments Issued to the District
        1. The Superintendent or Superintendent's designee shall have authority to execute agreements to accept restitution or other settlement payments on behalf of the Board up to $500,000, subject to the recommendation and approval in each such instance by the District's counsel.
        2. All settlement or restitution payments to the District in excess of $500,000 will require Board approval upon the recommendation of the Superintendent and District's counsel.
  8. In cases requiring the execution of a settlement agreement when the Risk Manager or the Assistant Superintendent of Human Resources, as the case may be for the authority set forth above, is absent or unavailable, then the Risk Manager’s or the Assistant Superintendent of Human Resources’ respective immediate District supervisor shall be authorized to perform a review of the proposed settlement terms and conditions, perform the required functions, and execute the settlement agreement on behalf of the Board, subject, however to the recommendation and approval in each such instance by the District’s counsel.
  9. All settled claims that are closed and restitution or other settlement payments issued to the district will be reported to the Board on a quarterly basis.

STATUTORY AUTHORITY: 1001.41, 1001.42, F.S. LAW(S) IMPLEMENTED: 768.28, 1001.42, 1001.43, F.S. HISTORY:ADOPTED: April 1, 1997 REVISION DATE(S): 09/01/15; 11/05/12; 11/10/08; 05/02/23 FORMERLY: EI   

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