A G E N D A. . n Bond Transfers o. Projects for 2016 Bond Referendum. m. Hope Valley Elementary Duke Energy Easement. 8.

Transcription

1 A G E N D A Durham Public Schools Board of Education Operational Services & Policy Work Session May 12, 2016 Fuller Administration Building, 511 Cleveland Street, Durham, NC 4:00 PM 1. Call to Order 2. Moment of Silence 3. Agenda Review and Approval 4. Operational Services & Policy Work Session Meeting Minutes April 14, Public Comment 6. Financial Services a. Budget Amendment #2 b. Declaration of Surplus Furniture & Equipment c. Xerox Managed Services Agreement 7. Operational Services a. Activity Bus Use for School Tours b. Burton Elementary Bids for Roof Replacement c. Jordan High School Bids for Mobile Classrooms d. Hillandale Elementary Bids for Traffic Improvements e. Bids for Districtwide Controls Management System f. Bids for Districtwide HVAC Controls Replacement-CMS g. Bids for Districtwide HVAC Controls Replacement-ECS h. Proposals for Controls Commissioning Services MBP i. Lowes Grove Middle Bids for Athletic Fields j. Oak Grove Elementary Bids for HVAC Upgrades k. Hillside High School Temporary Construction Easement l. Parkwood Elementary- Stormwater Easement m. Hope Valley Elementary Duke Energy Easement. n Bond Transfers o. Projects for 2016 Bond Referendum 8. Follow-Up Items

2 Operational Services & Policy Work Session PRECIS May 12, 2016 Agenda Item: Operational Services & Policy Work Session Minutes Staff Liaison: Phone: Main Points: Administration is presenting the attached draft meeting minutes for consideration and approval: April 14, 2016 Fiscal Implications: N/A Purpose: Information Discussion Action Consent Reviewed by: Finance Attorney

3 MINUTES Operational Services & Policy Work Session Durham Public Schools Board of Education April 14, 2016 The Operational Services and Policy Work Session of the Durham Public Schools Board of Education held a meeting on Thursday, April 14, 2016 at 4:00 p.m. in the Board Room of the Fuller Building, 511 Cleveland Street, Durham, NC. Board Members Present Heidi Carter, Chair; Mike Lee; Vice-Chair, Natalie Beyer, Leigh Bordley, and Matt Sears. Administrators Present Dr. Bert L Homme, Superintendent; Hugh Osteen, Deputy Superintendent of Operational Services; Stacey Wilson-Norman, Deputy Superintendent of Academic Services; Aaron Beaulieu, Chief Financial Officer; Services; Jon Long, Executive Director of Construction & Capital Planning; Kenneth Barnes, Executive Director of Maintenance; Brian Callaway, Energy and Sustainability Coordinator; Tom Crabtree, Assistant Superintendent of Human Resources; Scott Denton, Assistant Superintendent of Transportation & Auxiliary Services; Chip Sudderth; Director of Community Engagement and Chrissy Deal, Chief Communications Officer. Attorney Present Ken Soo Call to Order/Moment of Silence Mr. Sears called the meeting to order and a moment of silence was observed. Minutes Review Ms. Carter made a motion to approve the minutes as written; seconded by Ms. Bordley. The motion was adopted. Public Comment Mr. Earle Manhertz (alumni DSA parent and substitute teacher); invited administration to take a tour of DSA to observe the renovations needed at the school. Agenda Review and Approval Dr. L Homme made a motion to remove the following items from the agenda in order to allow time to discuss several agenda items considered time sensitive: School Nutrition Services Budget Update Computer Refresh Plan for 1:1 Technology Schools Hours of Operation & Rate Increases for Community Education Before/After School Care Ms. Beyer made a motion to add a resolution to the agenda: DPS Resolution Against Legislation Establishing Achievement School Districts in North Carolina. A motion to approve the revisions to the agenda was adopted. 1

4 DPS Resolution Against Legislation-Establishing Achievement School Districts in NC Ms. Beyer stated that teachers would like the board to review and adopt a resolution opposing legislation that would establish an achievement school district in NC. Ms. Beyer indicated that an Achievement School District would allow the state to take up to five low-achieving schools from the state s bottom fifth and hire third party operators such as charter schools to manage them. Board members had a discussion and approved the resolution opposing legislation that allows establishment of Achievement School Districts in NC. Technology Review Mr. Osteen reminded board members that technology staff is available to assist with any issues regarding chromebooks and access to work session materials. Superintendent s Budget Dr. L Homme and Mr. Beaulieu provided an overview of the proposed budget for the school year. Dr. L Homme stated that the proposed budget is designed to put DPS on sustainable financial footing by reducing reliance on fund balance and aligning resources to meet the district s most urgent needs. Mr. Beaulieu stated that the development of the annual budget is required by May 15, Board members had a discussion. Mr. Beaulieu indicated that the proposed budget was being presented for information only. Reduction in Force Proposal of Licensed & Unlicensed Central Office Staff Dr. L Homme made a request to board members for a Reduction in Force (RIF) of licensed and unlicensed Central Office staff. He shared that the RIF is part of a reorganization that will maintain teacher assistants and other direct classroom support by reducing the number of Central Office positions and other expenses. A chart of licensed and unlicensed job titles of positions that will be eliminated was shared with board members. Dr. L Homme stated that new positions have been offered to most employees whose jobs were affected and human resources will continue to assist employees in obtaining employment. Board members had a discussion. Ms. Carter made a motion to approve the RIF; seconded by Ms. Beyer; motion passed unanimously. Dacia Ave. Property Sale Mr. Osteen shared that the board approved an offer for the sale of Dacian Ave. on March 7, He stated that the property was advertised in the newspaper for the upset bidding process. Mr. Osteen indicated that the County also declined to purchase this property. Mr. Osteen asked the board for approval to sell the property for $65,000. Board members had a discussion. Ms. Beyer made a motion to approve the Dacian Ave. property sale; seconded by Ms. Bordley; motion passed unanimously. Sale of Right-of-Way at Lowe s Grove Mr. Osteen stated that the board approved the sale of right-of-way property located at Highway 54 and S. Alston Ave. on March 23, He indicated that the property was advertised in the newspaper and the County declined to purchase the property. Mr. Osteen asked the board for approval to sell the right-of-way property for $8,000. 2

5 Board members had a discussion. Mr. Lee made a motion to approve the sale of the right-of-way property; seconded by Ms. Beyer; motion passed unanimously. Preferred Brands Mr. Long shared that the general statue allows the use of Preferred Brands when it is approved by the board. He stated that in order to be approved, the preferred alternate must provide cost savings, maintain or improve the functioning of a process or system affected by the preferred item, and a justification be made available in writing to the public. Mr. Long stated that door hardware, HVAC valves, and HVAC controls have a proven history of best performance in the district, which ultimately results in operational resource savings. Mr. Long asked the board to approve these items as Preferred Brands. Board members had a discussion. Ms. Beyer made a motion to approve the recommended items discussed as Preferred Brands; seconded by Mr. Lee; the motion was approved unaminously. Northern High School-Bids for Science Building HVAC Mr. Long stated that capital outlay funds provide for the replacement of the HVAC equipment at the Northern High School Science Building. He indicated that bids were received on March 24, 2016 from three qualified bidders. The lowest responsive, responsible bidder is Comfort Systems USA MidAtlantic, LLC for $134,200. Minority Business Enterprise participation is 41.7%. Board members had a discussion. Mr. Lee had a motion to approve this item, seconded by Ms. Beyer, motion passed unanimously. Energy and Sustainability Update Public Comment - Jim McManns- Shared an opportunity to invest in energy efficiency and renewable energy savings. Mr. Callaway provided an overview which included energy-related recommendations, response to community solar discussion, updates on recycling and an energy action plan. Board members had a discussion. Presenters indicated that this item was presented for information. Lottery Funds Re-Allocation/Burton Roof Mr. Long shared that North Carolina provides funds for capital projects from Public School Building Capital Funds. He indicated that there are several projects in the lottery report with leftover balances. Mr. Long stated that combining the leftover balances from previous projects could be used to complete the roofing project needed at Burton Elementary. He indicated that the board and county commissioners must approve the application for Public School Building Capital Funds in order to utilize these leftover funds. Board members had a discussion. Ms. Beyer made a motion to approve the application, seconded by Mr. Sears; motion passed unanimously. 3

6 Update on Proposed 2016 Bond Referendum Mr. Osteen stated that a joint BOCC/BOE meeting on March 17, 2016, indicated that the school district may receive lower bond funding than expected, ($90 million). Mr. Osteen shared that the district hoped the County would consider at least $125 million; he indicated that this amount would allow the district to possibly build two news schools and some modest renovations to existing schools. Mr. Osteen and Mr. Long provided an overview of the 2016 Bond Referendum which included: bond history, enrollment trends, funding, highlighted projects and strategies & solutions. Dr. L Homme encouraged board members to join county commissioners on an upcoming tour of schools and conversations regarding the district s capital needs. Mr. Osteen indicated that this item was presented for information. Follow Up Items Administration to provide an outline of a Mentor Program for April 28 BOE meeting Cost or rough estimate of the 2008 Mentor Program by Monday, April 18, 2016 Present an update on Proposed 2016 Bond Referendum for April 28 BOE meeting Broaden the district s policy on LED lighting and provide an update The work session adjourned at 7:45 pm. Heidi Carter, Committee Chair Hugh Osteen, Deputy Superintendent of Operational Services 4

7 Operational Services & Policy Work Session PRECIS May 12, 2016 Agenda Item: Budget Amendment #2 (FY ) Staff Liaison: Aaron J. Beaulieu Phone: Paul D. LeSieur Main Points: Budget Amendment #2 will give the Board of Education an update on the status of the adopted budget for the current school year. Administration submits the attached amendment for discussion and subsequent approval. Fiscal Implications: This amendment adjusts all accounts balances from February 1, 2016 through April 30, Purpose: Information X Discussion Action Consent Reviewed by: X Finance Attorney

8 FY BUDGET AMENDMENT #2

9 BUDGET AMENDMENT 2 Table of Contents Section Page Section 1 Budget Amendment 2 Summary Budget Amendment Summary of Funds 4 Graph Budget Revenues by Fund 5 Budget by Fund Amendment 2 6 Graph Budget Expense by Purpose 7 Budget by Purpose Amendment 2 8 Budget by Purpose Detail 9 Budget by Fund and Purpose 10 Budget by Fund and Purpose - FTEs 11 Budget by Purpose Detail 12 Budget by Fund and Purpose - FTEs 13 Section 2 Amendment 2 State Fund Budget Amendment 2 State 15 Graph State Fund Revenues 16 Graph State Fund Expense by Purpose 17 State Fund by Purpose Expenditures and Revenue 18 State Fund Expense by Purpose Detail 19 State Fund Expense by PRC 20 Section 3 Amendment 2 Local Fund Budget Amendment 2 Local 22 Graph Local Fund Revenues 23 Graph Local Special Fund Revenues 24 Graph Local Fund Expense by Purpose 25 Local Fund by Purpose Expenditures and Revenue 26 Local Fund Expense by Purpose Detail 27 Local Fund Expense by PRC Section 4 Amendment 2 Federal Fund Budget Amendment 2 Federal 31 Graph Federal Fund Revenues 32 Graph Federal Fund Expense by Purpose 33 Federal Fund by Purpose Expenditures and Revenue 34 Federal Fund Expense by Purpose Detail 35 Federal Fund Expense by PRC 36

10 BUDGET AMENDMENT 2 Table of Contents Section Page Section 5 Amendment 2 Capital Outlay Fund Budget Amendment 2 Capital Outlay 38 Graph Capital Outlay Fund Revenues 39 Graph Capital Outlay Fund Expense by Purpose 40 Capital Outlay Fund by Purpose Expenditures and Revenue 41 Capital Outlay Fund Expense by Purpose Detail 42 Capital Outlay Fund Expense by PRC 43 Section 6 Amendment 2 Child Nutrition Fund Budget Amendment 2 Child Nutrition 45 Graph Child Nutrition Fund Revenues 46 Graph Child Nutrition Fund Expense by Purpose 47 Child Nutrition Fund by Purpose Expenditures and Revenue 48 Child Nutrition Fund Expense by Purpose Detail 49 Child Nutrition Fund Expense by PRC 50 Section 7 Amendment 2 Grant Fund Budget Amendment 2 Grant 52 Graph Grant Fund Revenues 53 Graph Grant Fund Expense by Purpose 54 Grant Fund by Purpose Expenditures and Revenue 55 Grant Fund Expense by Purpose Detail 56 Grant Fund Expense by PRC 57-58

11 BUDGET AMENDMENT #2 Sec on 1 SUMMARY 1

12 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 1. The Budget for Durham Public Schools stands at $ 419,204, for Fiscal year ending June 30, The following is the budget by fund Budget Amendment # 2: Budget per Increase / Budget per Amendment #1 (Decrease) Amendment #2 % 1 State 195,681, , ,468, % 2 Local 139,140, ,140, % 3 Federal 26,974, ,169, ,143, % 4 Capital Outlay 28,186, , ,551, % 5 Child Nutrition 16,901, ,901, % 6 Grant 8,930, , ,999, % 415,815, ,389, ,204, % 3. The following is the budget by expense purpose from FY Budget Amendment # 2: Budget per Increase / Budget per Amendment #1 (Decrease) Amendment #2 % 5000 Instructional Services 275,055, ,904, ,959, % 6000 System Wide Support Services 70,982, , ,115, % 7000 Ancillary Services 21,200, ,200, % 8000 Non-Programmed Services 21,711, , ,770, % 9000 Capital Outlay 26,865, , ,158, % 415,815, ,389, ,204, % 4. The following is a summary of the major increases/decreases included in the budget per the FY Budget Amendment # 2: Increase/Decrease State Fund 1. PRC 003 Allocation to Cover the Cost of Teacher Substitutes 10, PRC 010 Dollars for Certified Personnel - Transfer of CTE MOE Funding 218, PRC 013 CTE MOEs-ABC Waiver to Reduce MOEs to utilize unfilled positions dollars (761,698.00) 4. PRC 014 CTE- Support Programs - ABC Waiver to funding from CTE MOEs 187, PRC 015 School Technology Fund Allotment of Quarterly Fines and Forfeitures 8, PRC 016 Summer Reading Camp Funding Funds - Summer Program Allotment 1,013, PRC 032 Children with Special Needs - Adjusting Funding to Current Level (15,941.00) 8. PRC 043 Utilization of Funding of unused MOEs from CFST - Nurse PRC , PRC 056 FY Transportation Allotment - Highway Use Tax 5, PRC 130 Textbooks - Align funding After 2nd Month Adjustments 97, Other Various Adjustments (515.00) Total $ 786, Local Fund 1. Adjustments made between purposes and PRCs to capture current needs. - Total $ - 2

13 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 Increase/Decrease Federal Fund 1. PRC 050 Title I - Adjusting Budget to Current Allocations (14,690.98) 2. PRC 060 IDEA VI-B Handicapped- Adjusting Budget to Current Allocations 456, PRC 103 Title II- Improving Teacher Quality - Budget to Current Allocations (2,800.00) 4. PRC 105 School Improvement - Recent Allocations for Next Years Programs 1,346, PRC 114 Children with Disabilities - Risk Pool 371, PRC 118 IDEA VI-B Targeted Assistance 11, Total $ 2,169, Capital Fund 1. PRC 120 Financed Bus Purchase-Aligning Budget to Current Year State Purchase 103, PRC 604 Local Capital - Miscellaneous Revenues Received 196, PRC 701 Holton Renovation Project - Additional Funding 65, Total $ 365, Child Nutrition Fund 1. No adjustments - Total $ - Grant Fund 1. PRC 518 Elizabeth McCraken Memorial Grant 15, PRC 530 Duke Stepping Stones Summer Program 25, PRC 578 PRC 835 Burton - Media Initiative 15, PRC 825 Responsive Classroom 7, Other Various Adjustments 5, Total $ 68, Total Increase / (Decrease) $ 3,389, Passed by majority vote of the Board of Education of Durham Public Schools on this 26th day of May, Adopted this day of, Chairman 3

14 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 Summary of Funds The Durham County Board of Education at a meeting on the 26th day of May passed the following amendment. Be it resolved that the following Budget be made as the Budget Amendment # 2 for the fiscal year ending June 30, Budget per Amendment # 1 Budget per Amendment # 2 Changes % Budget 415,815, ,204, ,389, % FTE 4, , (12.50) -0.26% Budgets by Purpose Codes: Code # Description $ Increases / (Decreases) 5000 Instructional Services 2,904, System Wide Support Services 132, Ancillary Services Non-Programmed Services 58, Capital Outlay 293, Total $ 3,389, Explanation: The Budget Amendment # 2 to the all funds represents an increase of $3,389, Additional funding received and transfer of funds between programs Total Increase / (Decrease) $ 3,389, The following represents the budget as amended per Budget Amendment # 2: Total Appropriation in FY 16 Amendment # 1 415,815, Amount of Increase / (Decrease) of above Amendment 3,389, Total Appropriation in Current Amended Budget $ 419,204,

15 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 REVENUES BY FUND Fund Description Amount Percent 1 State $ 196,468, % 2 Local 139,140, % 3 Federal 29,143, % 4 Capital Outlay 28,551, % 5 Child Nutrition 16,901, % 6 Grant 8,999, % Total Revenue $ 419,204, % 6.8% 4.0% 2.2% 7.0% 46.9% 33.2% State Local Federal Capital Outlay Child Nutrition Grant 5

16 Durham Public Schools Budget Amendment # 2 Amendment by Fund Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences Fund Description Revenue Position Budgeted Revenue Position Budgeted Revenue Position Revenue Position 1 State 193,078, , ,681, , ,468, , , (12.50) 2 Local 138,040, ,140, ,140, Federal 26,498, ,974, ,143, ,169, Capital Outlay 26,640, ,186, ,551, , Child Nutrition 16,901, ,901, ,901, Grant 8,061, ,930, ,999, , Total 409,221, , ,815, , ,204, , ,389, (12.50) Percentage Mix 1 State 47.2% 69.2% 47.1% 68.9% 46.9% 68.9% 23.2% 2 Local 33.7% 20.0% 33.5% 20.3% 33.2% 20.4% 0.0% 3 Federal 6.5% 5.5% 6.5% 5.4% 7.0% 5.5% 64.0% 4 Capital Outlay 6.5% 0.0% 6.8% 0.0% 6.8% 0.0% 10.8% 5 Child Nutrition 4.1% 4.3% 4.1% 4.3% 4.0% 4.3% 0.0% 6 Grant 2.0% 1.0% 2.2% 1.0% 2.2% 1.0% 2.0% Total 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 6

17 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 EXPENSE BY PURPOSE Purpose Expenditures Amount Percent 5000 Instructional Services $ 277,959, % 6000 System Wide Support Services 71,115, % 7000 Ancillary Services 21,200, % 8000 Non-Programmed Services 21,770, % 9000 Capital Outlay 27,158, % Total Revenue $ 419,204, % 5.2% 6.5% 5.1% 17.0% 66.3% Instructional Services System Wide Support Services Ancillary Services Non-Programmed Services Capital Outlay 7

18 Durham Public Schools Budget Amendment # 2 Budget by Purpose Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences Purpose Description Budget Position Budget Position Budget Position Budget Position Budget Dollars 5000 Instructional Services 272,090, , ,055, , ,959, , ,904, (12.50) 6000 System Wide Support Services 70,608, ,982, ,115, , Ancillary Services 21,091, ,200, ,200, Non-Programmed Services 22,379, ,711, ,770, , Capital Outlay 23,051, ,865, ,158, , Total 409,221, , ,815, , ,204, , ,389, (12.50) Percentage Mix 5000 Instructional Services 66.5% 80.7% 66.2% 80.8% 66.3% 80.7% 85.7% 6000 System Wide Support Services 17.3% 14.2% 17.1% 14.1% 17.0% 14.2% 3.9% 7000 Ancillary Services 5.2% 5.2% 5.1% 5.1% 5.1% 5.2% 0.0% 8000 Non-Programmed Services 5.5% 0.0% 5.2% 0.0% 5.2% 0.0% 1.7% 9000 Capital Outlay 5.6% 0.0% 6.5% 0.0% 6.5% 0.0% 8.7% Total 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 8

19 Durham Public Schools Budget Amendment # 2 Budget by Purpose Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences Purpose Description Budget Position % Budget Budget Position % Budget Budget Position % Budget Budget Position % Budget Instructional Services 5100 Regular Instructional Services 143,556, , % 144,239, , % 143,775, , % (464,025.34) (12.50) -0.32% 5200 Special Population Instructional Services 56,992, % 57,514, % 58,343, % 828, % 5300 Alternative Program Instructional Services 27,398, % 28,556, % 30,784, % 2,227, % 5400 School Leadership Services 20,145, % 20,315, % 20,430, % 115, % 5500 Co-Curricular Services 1,957, % 1,979, % 1,993, % 14, % 5800 School Based Support Services 22,038, % 22,450, % 22,632, % 182, % 272,090, , % 275,055, , % 277,959, , % 2,904, (12.50) 1.06% System-Wide Support Services 6100 Support and Development Services 2,485, % 2,662, % 2,875, % 212, % 6200 Special Population Support Services 1,854, % 1,879, % 1,917, % 38, % 6300 Alternative Program Support Services 782, % 878, % 771, % (107,674.46) % 6400 Technology Support Services 5,869, % 5,896, % 5,901, % 5, % 6500 Operational Support Services 45,581, % 45,566, % 45,591, % 24, % 6600 Financial and Human Resources Services 6,811, % 6,896, % 6,916, % 20, % 6700 Accountability Services 1,204, % 1,213, % 1,212, % (75.00) % 6800 System-Wide Pupil Support Services 1,423, % 1,448, % 1,449, % 1, % 6900 Leadership Services 4,595, % 4,541, % 4,479, % (61,809.00) % 70,608, % 70,982, % 71,115, % 132, % Ancillary Services 7100 Community Services 4,796, % 4,823, % 4,823, % % 7200 Nutrition Services 16,294, % 16,377, % 16,377, % % 21,091, % 21,200, % 21,200, % % Non-Programmed Charges 8100 Payments to Other Governmental Units 20,005, % 20,294, % 20,365, % 71, % 8200 Unbudgeted Funds 1,399, % 1,416, % 1,404, % (12,271.39) % 8500 Contingency 974, % % % % 8700 Scholarships % % % % 22,379, % 21,711, % 21,770, % 58, % Capital Outlay 9000 Capital Outlay 23,051, % 26,865, % 27,158, % 293, % 23,051, % 26,865, % 27,158, % 293, % Total 409,221, , % 415,815, , % 419,204, , % 3,389, (12.5) 0.8% 9

20 Durham Public Schools Budget Amendment # 2 Budget by Fund and Purpose Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Purpose Description Budget Position Budget Position State Local Federal Capital Outlay Child Nutrition Grant Budget Position Budget Dollars 5000 Instructional Services 272,090, , ,055, , ,732, ,654, ,185, ,720, ,292, , System Wide Support Services 70,608, ,982, ,547, ,569, ,011, , , ,115, Ancillary Services 21,091, ,200, , ,404, ,036, ,571, ,200, Non-Programmed Services 22,379, ,711, ,512, , , ,447, ,770, Capital Outlay 23,051, ,865, ,158, ,158, Total 409,221, , ,815, , ,468, ,140, ,143, ,885, ,901, ,999, ,538, , Percentage Mix 5000 Instructional Services 66.49% 80.66% 66.15% 80.75% 89.45% 51.50% 89.85% 0.00% 0.00% 41.34% 66.25% 80.70% 6000 System Wide Support Services 17.25% 14.18% 17.07% 14.11% 10.46% 34.19% 6.90% 2.61% 0.00% 2.89% 16.99% 14.15% 7000 Ancillary Services 5.15% 5.16% 5.10% 5.14% 0.10% 1.01% 0.00% 0.00% 94.88% 39.69% 5.07% 5.15% 8000 Non-Programmed Services 5.47% 0.00% 5.22% 0.00% 0.00% 13.30% 3.25% 0.00% 5.12% 16.08% 5.20% 0.00% 9000 Capital Outlay 5.63% 0.00% 6.46% 0.00% 0.00% 0.00% 0.00% 97.39% 0.00% 0.00% 6.49% 0.00% Total 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 10

21 Durham Public Schools Budget Amendment # 2 Budget by Fund and Purpose-FTEs Fiscal Year Budget Per Budget Per Resolution Amendment # 1 FY 16 FTEs By Funds Diff. Purpose Description Position Position State Local Federal Capital Outlay Child Nutrition Grant Position FTEs Budget Dollars 5000 Instructional Services 3, , , , (12.50) 6000 System Wide Support Services Ancillary Services Non-Programmed Services Capital Outlay Total 4, , , , (12.5) Percentage Mix 5000 Instructional Services 80.66% 80.96% 87.56% 73.48% 94.45% % 29.86% 80.70% % 6000 System Wide Support Services 14.18% 14.15% 12.38% 26.17% 5.55% % 0.00% 14.15% 0.00% 7000 Ancillary Services 5.16% 5.15% 0.06% 0.35% 0.00% % 70.14% 5.15% 0.00% 8000 Non-Programmed Services 0.00% 0.00% 0.00% 0.00% 0.00% % 0.00% 0.00% 0.00% 9000 Capital Outlay 0.00% 0.00% 0.00% 0.00% 0.00% % 0.00% 0.00% 0.00% Total 100.0% 100.3% 100.0% 100.0% 100.0% 0.0% 100.0% 100.0% 100.0% 100.0% 11

22 Durham Public Schools Budget Amendment # 2 Budget by Fund and Purpose Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Purpose Description Budget Position Budget Position State Local Federal Capital Outlay Child Nutrition Grant Budget % Position Instructional Services 5100 Regular Instructional Services 143,556, , ,239, , ,678, ,253, ,272, , , ,775, % 2, Special Population Instructional Services 56,992, ,514, ,210, ,785, ,475, ,472, % Alternative Program Instructional Services 27,398, ,556, ,611, ,774, ,791, ,606, ,784, % School Leadership Services 20,145, ,315, ,706, ,435, , ,430, % Co-Curricular Services 1,957, ,979, ,985, , ,993, % School Based Support Services 22,038, ,450, ,526, ,419, ,356, , ,632, % ,090, , ,055, , ,732, ,654, ,185, , ,849, ,088, % 3, System-Wide Support Services 6100 Support and Development Services 2,485, ,662, , ,137, , , ,875, % Special Population Support Services 1,854, ,879, , , , ,917, % Alternative Program Support Services 782, , , , , , % Technology Support Services 5,869, ,896, , ,758, ,901, % Operational Support Services 45,581, ,566, ,618, ,448, , , , ,591, % Financial and Human Resources Services 6,811, ,896, ,963, ,952, ,916, % Accountability Services 1,204, ,213, , ,062, ,212, % System-Wide Pupil Support Services 1,423, ,448, , , , ,449, % Leadership Services 4,595, ,541, ,291, ,188, ,479, % ,608, ,982, ,547, ,569, ,011, , , ,115, % Ancillary Services 7100 Community Services 4,796, ,823, , ,235, ,530, ,823, % Nutrition Services 16,294, ,377, , , ,036, , ,377, % ,091, ,200, , ,404, ,036, ,571, ,200, % Non-Programmed Charges 8100 Payments to Other Governmental Units 20,005, ,294, ,512, , , , ,365, % Unbudgeted Funds 1,399, ,416, , ,393, ,404, % Contingency 974, % Scholarships % - 22,379, ,711, ,512, , , ,447, ,770, % Capital Outlay 9000 Capital Outlay 23,051, ,865, ,158, ,158, % - 23,051, ,865, ,158, ,158, % - Total 409,221, , ,815, , ,468, ,140, ,143, ,551, ,901, ,128, ,333, % 4,

23 Durham Public Schools Budget Amendment # 2 Budget by Fund and Purpose Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Purpose Description Position Position Position State Local Federal FTEs Capital Outlay Diff. Child Nutrition Grant FTEs % Instructional Services 5100 Regular Instructional Services 2, , , , (12.50) -0.61% 5200 Special Population Instructional Services % 5300 Alternative Program Instructional Services % 5400 School Leadership Services % 5500 Co-Curricular Services % 5800 School Based Support Services % 3, , , , (12.50) -0.33% System-Wide Support Services 6100 Support and Development Services % 6200 Special Population Support Services % 6300 Alternative Program Support Services % 6400 Technology Support Services % 6500 Operational Support Services % 6600 Financial and Human Resources Services % 6700 Accountability Services % 6800 System-Wide Pupil Support Services % 6900 Leadership Services % % Ancillary Services 7100 Community Services % 7200 Nutrition Services % % Non-Programmed Charges 8100 Payments to Other Governmental Units % 8200 Unbudgeted Funds % 8500 Contingency % 8700 Scholarships % % Capital Outlay 9000 Capital Outlay % % Total 4, , , , (12.5) -0.3% 13

24 BUDGET AMENDMENT #2 Sec on 2 STATE FUND 14

25 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 State Fund Summary The Durham County Board of Education at a meeting on the 26th day of May passed the following amendment. Be it resolved that the following Budget be made as the Budget Amendment # 2 for the fiscal year ending June 30, Budget per Amendment # 1 Budget per Amendment # 2 Changes % Budget 195,681, ,468, , % FTE 3, , (12.50) -0.38% Budgets by Purpose Codes: Code # Description $ Increases / (Decreases) 5000 Instructional Services 752, System Wide Support Services 34, Ancillary Services - Total $ 786, Explanation: The FY 16 Budget Amendment # 2 to the Amendment # 1 represents an increase of $786,862. The increase represents increases in the following appropriations through Allotment Revision # 36: PRC 003 Allocation to Cover the Cost of Teacher Substitutes 10, PRC 010 Dollars for Certified Personnel - Transfer of CTE MOE Funding 218, PRC 013 CTE MOEs-ABC Waiver to Reduce MOEs to utilize unfilled positions dollars (761,698.00) PRC 014 CTE- Support Programs - ABC Waiver to funding from CTE MOEs 187, PRC 015 School Technology Fund Allotment of Quarterly Fines and Forfeitures 8, PRC 016 Summer Reading Camp Funding Funds - Summer Program Allotment 1,013, PRC 032 Children with Special Needs - Adjusting Funding to Current Level (15,941.00) PRC 043 Utilization of Funding of unused MOEs from CFST - Nurse PRC , PRC 056 FY Transportation Allotment - Highway Use Tax 5, PRC 130 Textbooks - Align funding After 2nd Month Adjustments 97, Other Various Adjustments (515.00) Total Increase / (Decrease) $ 786, The following represents the State Fund as amended per Budget Amendment #2: Total Appropriation in Current Budget 195,681, Amount of Increase (Decrease) of Above Amendment 786, Total Appropriation in Current Amended Budget $ 196,468,

26 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 STATE FUND REVENUES Purpose 1 Revenues Amount Percent 3100 State Public School Fund $ 193,124, % 3101 State Employee Other Benefits 2,111, % 3211 State Textbook Allotment 1,232, % Total Revenue $ 196,468, % 1.1% 0.6% 98.3% State Public School Fund State Employee Other Benefits State Textbook Allotment 16

27 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 STATE EXPENSE BY PURPOSE Purpose 1 Expenditures Amount Percent 5000 Instructional Services $ 175,732, % 6000 System Wide Support Services 20,547, % 7000 Ancillary Services 188, % 8000 Non-Programmed Services - 0.0% 9000 Capital Outlay - 0.0% Total Expenditure $ 196,468, % 10.5% 0.1% 89.5% Instructional Services System Wide Support Services Ancillary Services Non-Programmed Services Capital Outlay 17

28 Durham Public Schools Budget Amendment # 2 State Fund by Purpose Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences Purpose Description Budget Position % Budget Position % Budget Position % Budget Position State Fund Expenditures 5000 Instructional Services $ 172,253, , % $ 174,980, , % $ 175,732, , % $ 752, (12.50) 6000 System Wide Support Services 20,644, % 20,512, % 20,547, % 34, Ancillary Services 181, % 188, % 188, % Non-Programmed Services % % % Capital Outlay % % % - - Total 193,078, , % 195,681, , % 196,468, , % 786, (12.50) State Fund Revenues 3100 State Public School Fund $ 189,802, % $ 192,434, % $ 193,124, % $ 689, State Employee Other Benefits 2,111, % 2,111, % 2,111, % State Textbook Allotment 1,164, % 1,135, % 1,232, % 97, Total 193,078, % 195,681, % 196,468, % 786,

29 % 0.09% % Durham Public Schools Budget Amendment # 2 State Fund by Purpose Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences Purpose Description Budget Position % Budget Position % Budget Position % Budget Position % Instructional Services 5100 Regular Instructional Services 98,167, , % 99,939, , % 99,678, , % (260,908.00) (12.50) -0.26% 5200 Special Population Instructional Services 41,844, % 42,228, % 42,210, % (17,556.00) % 5300 Alternative Program Instructional Services 8,227, % 8,615, % 9,611, % 995, % 5400 School Leadership Services 11,599, % 11,695, % 11,706, % 10, % 5500 Co-Curricular Services % % % % 5800 School Based Support Services 12,414, % 12,502, % 12,526, % 24, % 172,253, , % 174,980, , % 175,732, , % 752, (12.50) 0.4% System-Wide Support Services 6100 Support and Development Services 464, % 493, % 503, % 10, % 6200 Special Population Support Services 378, % 382, % 381, % (808.00) % 6300 Alternative Program Support Services 59, % 99, % 96, % (2,900.00) % 6400 Technology Support Services 143, % 143, % 143, % % 6500 Operational Support Services 15,824, % 15,590, % 15,618, % 28, % 6600 Financial and Human Resources Services 1,917, % 1,963, % 1,963, % % 6700 Accountability Services 150, % 150, % 150, % % 6800 System-Wide Pupil Support Services 393, % 397, % 397, % % 6900 Leadership Services 1,311, % 1,291, % 1,291, % % 20,644, ,512, % 20,547, % 34, % Ancillary Services 7100 Community Services 56, % 57, % 57, % % 7200 Nutrition Services 124, % 131, % 131, % % 181, , % 188, % % Non-Programmed Charges 8100 Payments to Other Governmental Units % % % % 8200 Unbudgeted Funds % % % % 8500 Contingency % % % % % % % Capital Outlay 9000 Capital Outlay % % % % % % % Total 193,078, , ,681, , % 196,468, , % 786, (12.50) 0.4% 19

30 Durham Public Schools Budget Amendment # 2 State Fund by PRC Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences PRC Description Budget Position Budget Position Budget Position % Budget Position State Fund Expenditures 001 Classroom Teachers 93,611, , ,611, , ,611, , % Central Office Administration 1,372, ,372, ,372, % Non-Instructional Support Personnel 8,867, ,848, ,858, % 10, School Building Administration 7,062, ,062, ,062, % Instruction Support- Certified 10,064, ,064, ,064, % Non-Contributory Employee Benefits 2,111, ,111, ,111, % Dollars for Certified Personnel 3,551, ,680, ,898, % 218, NBPTS Educational Leave % Drivers Education 638, , , % CTE- Months Of Employment 8,350, ,875, ,113, % (761,698.00) (17.00) 014 CTE- Program Support 999, ,011, ,198, % 187, School Technology Fund 1,438, ,438, ,447, % 8, Summer Reading Camps 251, , ,299, % 1,013, Foreign Exchange Teachers 944, , , % Disadvantage Supplemental Fund 1,272, ,272, ,272, % Teacher Assistants 8,760, ,668, ,668, % Behavioral Support 194, , , % Digital Learning 5, , , % Children With Special Needs 17,533, ,519, ,503, % (15,941.00) Academically Intellectually Gifted 346, , , % After-School Quality Improvement , , % Child and Family - School Nurse 466, , , % Child and Family Support 358, , , % 24, Top of the Scale Bonus - - 2,530, ,529, % (811.00) Limited English Proficiency 1,183, ,185, ,185, % Learn and Earn 316, , , % Transportation of Pupils 13,009, ,435, ,441, % 5, Classroom Materials, Supplies and Equipments 973, , , % Special Program Funds (EC) 106, % Assistant Principal Intern 16, , , % Assistant Principal Intern Full Time 252, , , % Alternative Programs and Schools 814, , , % At-Risk Student Services 6,809, ,800, ,800, % School Connectivity 143, , , % Special Position Allotment 88, , , % State Textbooks 1,164, ,135, ,232, % 97, Total 193,078, , ,681, , ,468, , % 786, (12.50) State Fund Revenues 3100 State Public School Fund 189,802, ,434, ,124, % 689, State Employee Other Benefits 2,111, ,111, ,111, % State Textbook Allotment 1,164, ,135, ,232, % 97, Total 193,078, ,681, ,468, % 786,

31 BUDGET AMENDMENT #2 Sec on 3 LOCAL FUND 21

32 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 Local Fund Summary The Durham County Board of Education at a meeting on the 26th day of May passed the following amendment. Be it resolved that the following Budget be made as the Budget Amendment # 2 for the fiscal year ending June 30, Budget per Amendment # 1 Budget per Amendment # 2 Changes % Budget 139,140, ,140, % FTE % Budgets by Purpose Codes: Code # Description $ Increases / (Decreases) 5000 Instructional Services (74,578.00) 6000 System Wide Support Services 74, Ancillary Services Non-Programmed Services - Total $ - Explanation: There is no change in the second amendment to the Local fund. Adjustments made between purposes and PRCs to capture current needs. Total Increase / (Decrease) $ - The following represents the Local Fund for FY 15 as amended per Budget Amendment #2: Total Appropriation in Current Budget 139,140, Amount of Increase (Decrease) of Above Amendment - Total Appropriation in Current Amended Budget $ 139,140,

33 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 LOCAL FUND REVENUES Purpose Revenues Amount Percent 4110 County Appropriation $ 122,847, % 4111 City Revenue for Holton 190, % 4410 Fines and Forfeitures 1,500, % 4450 Interest Earned on Investments 160, % 4910 Fund Balance Appropriated 8,532, % Varies Special Revenues 5,909, % Total Revenue $ 139,140, % 1.08% 0.11% 6.13% 4.25% 0.14% 88.29% County Appropriation City Revenue for Holton Fines and Forfeitures Interest Earned on Investments Fund Balance Appropriated Special Revenues 23

34 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 LOCAL SPECIAL FUND REVENUES Purpose Revenues Amount Percent 3200 Drivers Ed Revenue $ 60, % 3700 ROTC 150, % 3700 NC Medicaid 1,650, % 4210 Tuition and Fees 10, % 4420 Rental of School Property 303, % 4480 Warehouse Revenue 350, % 4490 Miscellaneous Revenue 155, % 4490 Teacher On Loan 410, % 4880 Indirect Cost Revenue 1,500, % 4890 E-Rate & Middle College Revenue 1,320, % Total Revenue $ 5,909, % 22.35% 1.02% 2.54% 27.92% 0.17% 25.38% 5.13% 6.95% 2.62% 5.92% Drivers Ed Revenue ROTC NC Medicaid Tuition and Fees Rental of School Property Warehouse Revenue Miscellaneous Revenue Teacher On Loan Indirect Cost Revenue 24

35 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 LOCAL EXPENSE BY PURPOSE Purpose 2 Expenditures Amount Percent 5000 Instructional Services $ 71,654, % 6000 System Wide Support Services 47,569, % 7000 Ancillary Services 1,404, % 8000 Non-Programmed Services 18,512, % 9000 Capital Outlay - 0.0% Total Expenditure $ 139,140, % 1.0% 13.3% 51.5% 34.2% Instructional Services System Wide Support Services Ancillary Services Non-Programmed Services Capital Outlay 25

36 Durham Public Schools Budget Amendment # 2 Local Fund by Purpose Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences Purpose Description Budget Position % Budget Position % Budget Position % Budget Position % Local Fund Expenditures 5000 Instructional Services 71,229, % 71,728, % 71,654, % (74,578.00) % 6000 System Wide Support Services 47,279, % 47,495, % 47,569, % 74, % 7000 Ancillary Services 1,308, % 1,404, % 1,404, % % 8000 Non-Programmed Services 18,223, % 18,512, % 18,512, % % 9000 Capital Outlay % % % % Total 138,040, % 139,140, % 139,140, % % Local Fund Revenues 4110 County Appropriation 121,747, % 122,847, % 122,847, % % 4111 City Revenue for Holton 190, % 190, % 190, % % 4410 Fines and Forfeitures 1,500, % 1,500, % 1,500, % % 4450 Interest Earned on Investments 160, % 160, % 160, % % 4910 Fund Balance Appropriated 8,532, % 8,532, % 8,532, % % 3200 Drivers Ed Revenue 60, % 60, % 60, % % 3700 ROTC 150, % 150, % 150, % % 3700 NC Medicaid 1,650, % 1,650, % 1,650, % % 4210 Tuition and Fees 10, % 10, % 10, % % 4420 Rental of School Property 303, % 303, % 303, % % 4480 Warehouse Revenue 350, % 350, % 350, % % 4490 Miscellaneous Revenue 155, % 155, % 155, % % 4490 Teacher On Loan 410, % 410, % 410, % % 4880 Indirect Cost Revenue 1,500, % 1,500, % 1,500, % % 4890 E-Rate & Middle College Revenue 1,320, % 1,320, % 1,320, % % Total 138,040, % 139,140, % 139,140, % - - 0% 26

37 100.0% Durham Public Schools Budget Amendment # 2 Local Fund by Purpose Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences Purpose Description Budget Position % Budget Position % Budget Position % Budget Position % Instructional Services 5100 Regular Instructional Services 41,213, % 41,427, % 41,253, % (173,842.00) % 5200 Special Population Instructional Services 6,683, % 6,769, % 6,785, % 15, % 5300 Alternative Program Instructional Services 5,018, % 4,890, % 4,774, % (115,675.00) % 5400 School Leadership Services 8,258, % 8,331, % 8,435, % 104, % 5500 Co-Curricular Services 1,949, % 1,970, % 1,985, % 14, % 5800 School Based Support Services 8,106, % 8,339, % 8,419, % 80, % 71,229, % 71,728, % 71,654, % (74,578.00) % System-Wide Support Services 6100 Support and Development Services 1,875, % 1,935, % 2,137, % 201, % 6200 Special Population Support Services 711, % 732, % 732, % (16.00) % 6300 Alternative Program Support Services 383, % 397, % 299, % (98,108.00) % 6400 Technology Support Services 5,726, % 5,752, % 5,758, % 5, % 6500 Operational Support Services 28,373, % 28,438, % 28,448, % 9, % 6600 Financial and Human Resources Services 4,894, % 4,932, % 4,952, % 20, % 6700 Accountability Services 1,053, % 1,062, % 1,062, % (75.00) % 6800 System-Wide Pupil Support Services 978, % 993, % 991, % (1,554.00) % 6900 Leadership Services 3,283, % 3,249, % 3,188, % (61,809.00) % 47,279, % 47,495, % 47,569, % 74, % Ancillary Services 7100 Community Services 1,215, % 1,235, % 1,235, % % 7200 Nutrition Services 93, % 169, % 169, % % 1,308, % 1,404, % 1,404, % % Non-Programmed Charges 8100 Payments to Other Governmental Units 18,223, % 18,512, % 18,512, % % 8200 Unbudgeted Funds % % % % 8500 Contingency % % % % 18,223, % 18,512, % 18,512, % % Capital Outlay 9000 Capital Outlay % % % % % % % % Total 138,040, ,140, % 139,140, % % 27

38 100.0% Durham Public Schools Budget Amendment # 2 Local Fund by PRC Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences PRC Description Budget Position % Budget Position % Budget Position % Budget Position % Local Fund Expenditures 001 Classroom Teachers 32,164, % 32,177, % 32,183, % 5, % 002 Central Office Administration 5,576, % 5,622, % 5,631, % 9, % 003 Non-Instructional Support Personnel 12,779, % 12,834, % 12,907, % 72, % 005 School Building Administration 6,744, % 6,755, % 6,761, % 6, % 007 Instruction Support- Certified 7,765, % 8,056, % 8,365, % 308, % 009 Non-Contributory Employee Benefits 1,717, % 1,717, % 1,717, % % 010 Dollars for Certified Personnel 422, % 422, % 422, % % 011 NBPTS Educational Leave % % % % 012 Drivers Education 78, % 78, % 78, % % 013 CTE- Months Of Employment 991, % 991, % 991, % % 014 CTE- Program Support 30, % 31, % 31, % % 015 School Technology Fund % % % % 016 Summer Reading Camps 567, % 427, % 904, % 477, % 017 CTE-Program Improvement % % % % 020 Foreign Exchange Teachers 70, % 70, % 70, % % 022 Mentors Program 518, % 518, % 518, % % 024 Disadvantage Supplemental Fund 661, % 661, % 499, % (161,475.00) % 027 Teacher Assistants 3,555, % 3,673, % 3,673, % % 028 Staff Development 149, % 204, % 228, % 23, % 029 Behavioral Support % % % % 032 Children With Special Needs 2,573, % 2,684, % 2,684, % % 034 Academically Intellectually Gifted 454, % 420, % 422, % 1, % 035 Child Nutrition % 73, % 73, % % 036 Charter Schools 18,223, % 18,512, % 18,512, % % 042 Child and Family - School Nurse % % % % 043 Child and Family Support % 2, % 2, % % 045 Top of the Scale Bonus % % 9, % 8, % 050 ESEA Title 1-Basic Program % 10, % 11, % 1, % 054 Limited English Proficiency 279, % 282, % 282, % % 055 Learn and Earn 26, % 27, % 27, % % 056 Transportation of Pupils 1,570, % 1,672, % 1,669, % (3,429.00) % 060 IDEA VI-B Handicapped % 14, % 14, % % 061 Classroom Materials, Supplies and Equipments 3,346, % 3,185, % 2,952, % (233,016.00) % 066 Assistant Principal Intern % % % % 067 Assistant Principal Intern Full Time % % % % 068 Alternative Programs and Schools 103, % 107, % 107, % % 069 At-Risk Student Services 2,919, % 2,995, % 2,487, % (507,538.00) % 070 IDEA-Early Intervening Svcs 765, % 770, % 770, % % 096 Special Position Allotment 429, % 435, % 435, % % 103 Title II-Improving Teacher Quality % 2, % 2, % % 104 Title III-Language Acquisition % 2, % 2, % % St Century Community Learning % % % % 117 School Improvement % % % % 130 State Textbooks 214, % 214, % 214, % % 301 JROTC 492, % 492, % 492, % % 306 Medicaid Direct Fees 234, % 234, % 234, % % 342 READS for Summer Learning (Project Reads) % 1, % 1, % % 371 Innovative Approaches to Literacy % % % % 461 Community Liaisons for Health % % % % 567 Support Our Student (SOS) 786, % 787, % 787, % % 598 More At Four Reimbursements % 2, % 2, % % 606 Magnet Schools 913, % 910, % 900, % (10,070.00) % 650 Parking Fees % % % % 704 Community Schools 168, % 185, % 185, % % 845 One-Time Bonus % % % % 903 Utilities-Maintenance 23,089, % 23,137, % 23,137, % % 915 IT Services 7,658, % 7,725, % 7,725, % % Total 138,040, ,140, % 139,140, % % 28

39 100.0% Durham Public Schools Budget Amendment # 2 Local Fund by PRC Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences PRC Description Budget Position % Budget Position % Budget Position % Budget Position % Local Fund Expenditures Local Fund Revenues 4110 County Appropriation 121,747, % 122,847, % 122,847, % % 4111 City Revenue for Holton 190, % 190, % 190, % % 4410 Fines and Forfeitures 1,500, % 1,500, % 1,500, % % 4450 Interest Earned on Investments 160, % 160, % 160, % % 4910 Fund Balance Appropriated 8,532, % 8,532, % 8,532, % % 3200 Drivers Ed Revenue 60, % 60, % 60, % % 3700 ROTC 150, % 150, % 150, % % 3700 NC Medicaid 1,650, % 1,650, % 1,650, % % 4210 Tuition and Fees 10, % 10, % 10, % % 4420 Rental of School Property 303, % 303, % 303, % % 4480 Warehouse Revenue 350, % 350, % 350, % % 4490 Miscellaneous Revenue 155, % 155, % 155, % % 4490 Teacher On Loan 410, % 410, % 410, % % 4880 Indirect Cost Revenue 1,500, % 1,500, % 1,500, % % 4890 E-Rate & Middle College Revenue 1,320, % 1,320, % 1,320, % % Total 138,040, ,140, % 139,140, % % 29

40 BUDGET AMENDMENT #2 Sec on 4 FEDERAL FUND 30

41 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 Federal Fund Summary The Durham County Board of Education at a meeting on the 26th day of May passed the following amendment. Be it resolved that the following Budget be made as the Budget Amendment # 2 for the fiscal year ending June 30, Budget per Amendment # 1 Budget per Amendment # 2 Changes % Budget 26,974, ,143, ,169, % FTE % Budgets by Purpose Codes: Code # Description $ Increases / (Decreases) 5000 Instructional Services 2,159, System Wide Support Services (50,556.15) 7000 Ancillary Services Non-Programmed Services 59, Total $ 2,169, Explanation: The second Amendment to the federal fund represents an increase of $2,169, The increase represents the following appropriations through allotment revision # 36: PRC 050 Title I - Adjusting Budget to Current Allocations (14,690.98) PRC 060 IDEA VI-B Handicapped- Adjusting Budget to Current Allocations 456, PRC 103 Title II- Improving Teacher Quality - Budget to Current Allocations (2,800.00) PRC 105 School Improvement - Recent Allocations for Next Years Programs 1,346, PRC 114 Children with Disabilities - Risk Pool 371, PRC 118 IDEA VI-B Targeted Assistance 11, Total Increase / (Decrease) $ 2,169, The following represents the Federal Fund as amended per Budget Amendment #2: Total Appropriation in Current Budget 26,974, Amount of Increase (Decrease) of Above Amendment 2,169, Total Appropriation in Current Amended Budget $ 29,143,

42 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 FEDERAL FUND REVENUES Purpose Revenues Amount Percent 3600 Federal Fund Revenue $ 29,143, % Total Revenue $ 29,143, % 1 Federal Fund Revenue 32

43 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 FEDERAL EXPENSE BY PURPOSE Purpose 3 Expenditures Amount Percent 5000 Instructional Services $ 26,185, % 6000 System Wide Support Services 2,011, % 7000 Ancillary Services - 0.0% 8000 Non-Programmed Services 945, % 9000 Capital Outlay - 0.0% Total Expenditure $ 29,143, % 6.9% 0.0% 3.3% 89.9% Instructional Services System Wide Support Services Ancillary Services Non-Programmed Services Capital Outlay 33

44 Durham Public Schools Budget Amendment # 2 Federal Fund by Purpose Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Purpose Description Budget Position % Budget Position % Budget Position % Federal Fund Expenditures 5000 Instructional Services 23,677, % 24,025, % 26,185, % 6000 System Wide Support Services 1,919, % 2,062, % 2,011, % 7000 Ancillary Services % % % 8000 Non-Programmed Services 901, % 886, % 945, % 9000 Capital Outlay % % % Total 26,498, % 26,974, % 29,143, % Federal Fund Revenues 3600 Federal Fund Revenue 26,498, % 26,974, % 29,143, % Total 26,498, % 26,974, % 29,143, % 34

45 Durham Public Schools Budget Amendment # 2 Federal Fund by Purpose Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences Purpose Description Budget Position % Budget Position % Budget Position % Budget Position % Instructional Services 5100 Regular Instructional Services 1,357, % 1,293, % 1,272, % (21,295.69) % 5200 Special Population Instructional Services 7,621, % 7,646, % 8,475, % 829, % 5300 Alternative Program Instructional Services 13,118, % 13,501, % 14,791, % 1,290, % 5400 School Leadership Services 288, % 288, % 288, % % 5500 Co-Curricular Services % % % % 5800 School Based Support Services 1,292, % 1,295, % 1,356, % 60, % 23,677, % 24,025, % 26,185, % 2,159, % System-Wide Support Services 6100 Support and Development Services 105, % 192, % 194, % 1, % 6200 Special Population Support Services 764, % 764, % 804, % 39, % 6300 Alternative Program Support Services 339, % 381, % 375, % (6,666.46) % 6400 Technology Support Services % % % % 6500 Operational Support Services 710, % 722, % 638, % (84,719.44) % 6600 Financial and Human Resources Services % % % % 6700 Accountability Services % % % % 6800 System-Wide Pupil Support Services % % % % 6900 Leadership Services % % % % 1,919, % 2,062, % 2,011, % (50,556.15) % Ancillary Services 7100 Community Services % % % % 7200 Nutrition Services % % % % % % % % Non-Programmed Charges 8100 Payments to Other Governmental Units 889, % 864, % 935, % 71, % 8200 Unbudgeted Funds 11, % 21, % 10, % (11,231.39) % 8500 Contingency % % % % 901, % 886, % 945, % 59, % Capital Outlay 9000 Capital Outlay % % % % % % % % Total 26,498, % 26,974, % 29,143, % 2,169, % 35

46 Durham Public Schools Budget Amendment # 2 Federal Fund by PRC Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences PRC Description Budget Position % Budget Position % Budget Position % Budget Position % Federal Fund Expenditures 017 CTE-Program Improvement 451, % 467, % 467, % % 026 McKinney-Vento Homeless Assist 68, % 68, % 68, % % 049 IDEA Title VI-B Pre-School Handicapped 191, % 191, % 191, % % 050 ESEA Title 1-Basic Program 11,736, % 11,736, % 11,721, % (14,690.98) % 060 IDEA VI-B Handicapped 8,914, % 8,914, % 9,370, % 456, % 070 IDEA-Early Intervening Svcs % % % % 082 State Improvement Grant 4, % 4, % 4, % % 103 Title II-Improving Teacher Quality 1,182, % 1,182, % 1,180, % (2,800.00) % 104 Title III-Language Acquisition 1,274, % 1,282, % 1,282, % % 105 Title I- School Improvement 91, % 91, % 1,438, % 1,346, % St Century Community Learning % 449, % 449, % % 111 Language Acquisition-Significant Increase 134, % 134, % 134, % % 112 Title IIB-Math and Science Partnership % % % % 114 Children With Disability Risk-Pool % % 371, % 371, % 117 School Improvement 2,424, % 2,424, % 2,424, % % 118 IDEA Title VI-B Special Needs Targeted Assistance 22, % 22, % 33, % 11, % 119 IDEA Targeted Assist for Pre-school 1, % 4, % 4, % % 143 ARRA-School Improvement 1003G % % % % 153 Bonus Pay % % % % % % % % % % % % % % % % Total 26,498, % 26,974, % 29,143, % 2,169, % Federal Fund Revenues Federal Fund Revenue 26,498, % 26,974, % 29,143, % 2,169, % Total 26,498, % 26,974, % 29,143, % 2,169, % 36

47 BUDGET AMENDMENT #2 Sec on 5 CAPITAL OUTLAY FUND 37

48 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 Capital Outlay Fund Summary The Durham County Board of Education at a meeting on the 26th day of May passed the following amendment. Be it resolved that the following Budget be made as the Budget Amendment # 2 for the fiscal year ending June 30, Budget per Amendment # 1 Budget per Amendment # 2 Changes % Budget 28,186, ,551, , % FTE % Budgets by Purpose Codes: Code # Description $ Increases / (Decreases) 5000 Instructional Services (31,800.65) 6000 System Wide Support Services 103, Ancillary Services Non-Programmed Services Capital Outlay 293, Total $ 365, Explanation: The first Amendment to the Capital Outlay fund represents an increase of $365, The increase represents the following appropriations from the Capital Outlay fund through allotment revision # 36: PRC 120 Financed Bus Purchase-Aligning Budget to Current Year State Purchase 103, PRC 604 Local Capital - Miscellaneous Revenues Received 196, PRC 701 Holton Renovation Project - Additional Funding 65, Total Increase / (Decrease) $ 365, The following represents the Capital Outlay Fund as amended per Budget Amendment #2: Total Appropriation in Current Budget 28,186, Amount of Increase (Decrease) of Above Amendment 365, Total Appropriation in Current Amended Budget $ 28,551,

49 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 CAPITAL OUTLAY FUND REVENUES Purpose Revenues Amount Percent 3200 State Bond Proceeds $ 4,021, % 3200 State- LEA Financed Bus Purchase 516, % 3460 State- Lottery Fund % 4110 County Appropriation 1,543, % 4490 Miscellaneous Revenue 196, % 4810 Local Bond Proceeds 17,699, % 4820 Disposition of Assets 895, % 4910 Fund Balance Appropriated 3,678, % Total Revenue $ 28,551, % 3.14% 12.88% 14.09% 1.81% 0.00% 5.40% 0.69% 61.99% State Bond Proceeds State- LEA Financed Bus Purchase State- Lottery Fund County Appropriation Miscellaneous Revenue Local Bond Proceeds Disposition of Assets Fund Balance Appropriated 39

50 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 CAPITAL OUTLAY EXPENSE BY PURPOSE Purpose 4 Expenditures Amount Percent 5000 Instructional Services $ 666, % 6000 System Wide Support Services 726, % 7000 Ancillary Services - 0.0% 8000 Non-Programmed Services - 0.0% 9000 Capital Outlay 27,158, % Total Expenditure $ 28,551, % 2.3% 2.6% 0.0% 0.0% 95.1% Instructional Services System Wide Support Services Ancillary Services Non-Programmed Services Capital Outlay 40

51 Durham Public Schools Budget Amendment # 2 Capital Outlay Fund by Purpose Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences Purpose Description Budget Position % Budget Position % Budget Position % Budget Position % Capital Outlay Fund Expenditures 5000 Instructional Services 1,990, % 698, % 666, % (31,800.65) % 6000 System Wide Support Services 623, % 623, % 726, % 103, % 7000 Ancillary Services % % % % 8000 Non-Programmed Services 974, % % % % 9000 Capital Outlay 23,051, % 26,865, % 27,158, % 293, % Total 26,640, % 28,186, % 28,551, % 365, % Capital Outlay Fund Revenues 3200 State Bond Proceeds 1,975, % 4,021, % 4,021, % % 3200 State- LEA Financed Bus Purchase 413, % 413, % 516, % 103, % 3460 State- Lottery Fund 751, % % % % 4110 County Appropriation 1,456, % 1,477, % 1,543, % 65, % 4430 Contributions and Donations 61, % % % % 4490 Miscellaneous Revenue 2,374, % % 196, % 196, % 4810 Local Bond Proceeds 17,699, % 17,699, % 17,699, % % 4820 Disposition of Assets 895, % 895, % 895, % % 4840 Insurance Revenue 32, % % % % 4910 Fund Balance Appropriated 978, % 3,678, % 3,678, % % Total 26,640, % 28,186, % 28,551, % 365, % 41

52 Durham Public Schools Budget Amendment # 2 Capital Outlay Fund by Purpose Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences Purpose Description Budget Position % Budget Position % Budget Position % Budget Position % Instructional Services 5100 Regular Instructional Services 1,990, % 698, % 666, % (31,800.65) % 5200 Special Population Instructional Services % % % % 5300 Alternative Program Instructional Services % % % % 5400 School Leadership Services % % % % 5500 Co-Curricular Services % % % % 5800 School Based Support Services % % % % 1,990, % 698, % 666, % (31,800.65) % System-Wide Support Services 6100 Support and Development Services % % % % 6200 Special Population Support Services % % % % 6300 Alternative Program Support Services % % % % 6400 Technology Support Services % % % % 6500 Operational Support Services 623, % 623, % 726, % 103, % 6600 Financial and Human Resources Services % % % % 6700 Accountability Services % % % % 6800 System-Wide Pupil Support Services % % % % 6900 Leadership Services % % % % 623, % 623, % 726, % 103, % Ancillary Services 7100 Community Services % % % % 7200 Nutrition Services % % % % % % % % Non-Programmed Charges 8100 Payments to Other Governmental Units % % % % 8200 Unbudgeted Funds % % % % 8500 Contingency 974, % % % % 974, % % % % Capital Outlay 9000 Capital Outlay 23,051, % 26,865, % 27,158, % 293, % 23,051, % 26,865, % 27,158, % 293, % Total 26,640, % 28,186, % 28,551, % 365, % 42

53 Durham Public Schools Budget Amendment # 2 Capital Outlay Fund by PRC Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences PRC Description Budget Position % Budget Position % Budget Position % Budget Position % Capital Outlay Fund Expenditures 074 Public School Building Fund 2,727, % 4,021, % 4,021, % % 120 LEA Financed Purchase of Buses 413, % 413, % 516, % 103, % 604 Local Capital 3,243, % 5,943, % 6,140, % 196, % % % % % Construction Bond Funds 17,685, % 17,685, % 17,685, % % 610 CO-2008 Land Acquisition 13, % 13, % 13, % % 701 Operational Equipment-Holton 86, % 107, % 173, % 65, % 900 Other Capital Projects 2,469, % % % % Total 26,640, % 28,186, % 28,551, % 365, % Capital Outlay Fund Revenues 3200 State Bond Proceeds 1,975, % 4,021, % 4,021, % % 3200 State- LEA Financed Bus Purchase 413, % 413, % 516, % 103, % 3460 State- Lottery Fund 751, % % % % 4110 County Appropriation 1,456, % 1,477, % 1,543, % 65, % 4430 Contributions and Donations 61, % % % % 4490 Miscellaneous Revenue 2,374, % % 196, % 196, % 4810 Local Bond Proceeds 17,699, % 17,699, % 17,699, % % 4820 Disposition of Assets 895, % 895, % 895, % % 4840 Insurance Revenue 32, % % % % 4910 Fund Balance Appropriated 978, % 3,678, % 3,678, % % Total 26,640, % 28,186, % 28,551, % 365, % 43

54 BUDGET AMENDMENT #2 Sec on 6 CHILD NUTRITION FUND 44

55 Durham Public Schools Budget Amendment # 2 Child Nutrition Fund Summary The Durham County Board of Education at a meeting on the 26th day of May passed the following amendment. Be it resolved that the following Budget be made as the Budget Amendment # 2 for the fiscal year ending June 30, Budget per Amendment # 1 Budget per Amendment # 2 Changes % Budget 16,901, ,901, % FTE % Budgets by Purpose Codes: Code # Description $ Increases / (Decreases) 7000 Ancillary Services - Total $ - Explanation: The FY 16 Budget Amendment #2 to the Child Nutrition fund represents no change in funding. Total Increase / (Decrease) $ - The following represents the Child Nutrition Fund as amended per Budget Amendment #2: Total Appropriation in Current Budget 16,901, Amount of Increase (Decrease) of Above Amendment - Total Appropriation in Current Amended Budget $ 16,901,

56 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 CHILD NUTRITION FUND REVENUES Purpose Revenues Amount Percent 3811 USDA Grants - Regular $ 12,893, % 3814 USDA Grants - Summer Feeding Programs 575, % 3815 USDA Grants - Commodity Foods Used 1,000, % 3816 USDA Grants - Fresh Fruit and Vegetable 380, % 4300 Sales and Other Revenues 2,015, % 4340 State Reimbursement For Breakfast 23, % 4450 Interest Earned on Investments 5, % 4490 Miscellaneous Revenue 10, % Total Revenue $ 16,901, % 5.92% 2.25% 11.92% 0.14% 0.03% 0.06% 3.40% 76.29% USDA Grants - Regular USDA Grants - Summer Feeding Programs USDA Grants - Commodity Foods Used USDA Grants - Fresh Fruit and Vegetable Sales and Other Revenues State Reimbursement For Breakfast Interest Earned on Investments Miscellaneous Revenue 46

57 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 CHILD NUTRION EXPENSE BY PURPOSE Purpose 5 Expenditures Amount Percent 5000 Instructional Services $ - 0.0% 6000 System Wide Support Services - 0.0% 7000 Ancillary Services 16,036, % 8000 Non-Programmed Services 865, % 9000 Capital Outlay - 0.0% Total Expenditure $ 16,901, % 5.1% 0.0% 0.0% 94.9% Instructional Services System Wide Support Services Ancillary Services Non-Programmed Services Capital Outlay 47

58 Durham Public Schools Budget Amendment # 2 Child Nutrition Fund by Purpose Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences Purpose Description Budget Position % Budget Position % Budget Position % Budget Position % Child Nutrition Fund Expenditures 5000 Instructional Services % % % % 6000 System Wide Support Services % % % % 7000 Ancillary Services 16,036, % 16,036, % 16,036, % % 8000 Non-Programmed Services 865, % 865, % 865, % % 9000 Capital Outlay % % % % Total 16,901, % 16,901, % 16,901, % % Child Nutrition Fund Revenues 3811 USDA Grants - Regular 12,893, % 12,893, % 12,893, % % 3814 USDA Grants - Summer Feeding Programs 575, % 575, % 575, % % 3815 USDA Grants - Commodity Foods Used 1,000, % 1,000, % 1,000, % % 3816 USDA Grants - Fresh Fruit and Vegetable 380, % 380, % 380, % % 4300 Sales and Other Revenues 2,015, % 2,015, % 2,015, % % 4340 State Reimbursement For Breakfast 23, % 23, % 23, % % 4450 Interest Earned on Investments 5, % 5, % 5, % % 4490 Miscellaneous Revenue 10, % 10, % 10, % % Total 16,901, % 16,901, % 16,901, % % 48

59 Durham Public Schools Budget Amendment # 2 Child Nutrition Fund by Purpose Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences Purpose Description Budget Position % Budget Position % Budget Position % Budget Position % Instructional Services 5100 Regular Instructional Services % % % % 5200 Special Population Instructional Services % % % % 5300 Alternative Program Instructional Services % % % % 5400 School Leadership Services % % % % 5500 Co-Curricular Services % % % % 5800 School Based Support Services % % % % % % % % System-Wide Support Services 6100 Support and Development Services % % % % 6200 Special Population Support Services % % % % 6300 Alternative Program Support Services % % % % 6400 Technology Support Services % % % % 6500 Operational Support Services % % % % 6600 Financial and Human Resources Services % % % % 6700 Accountability Services % % % % 6800 System-Wide Pupil Support Services % % % % 6900 Leadership Services % % % % % % % % Ancillary Services 7100 Community Services % % % % 7200 Nutrition Services 16,036, % 16,036, % 16,036, % % 16,036, % 16,036, % 16,036, % % Non-Programmed Charges 8100 Payments to Other Governmental Units 865, % 865, % 865, % % 8200 Unbudgeted Funds % % % % 8500 Contingency % % % % 865, % 865, % 865, % % Capital Outlay 9000 Capital Outlay % % % % % % % % Total 16,901, % 16,901, % 16,901, % % 49

60 Durham Public Schools Budget Amendment # 2 Child Nutrition Fund by PRC Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences PRC Description Budget Position % Budget Position % Budget Position % Budget Position % Child Nutrition Fund Expenditures 035 Child Nutrition 16,901, % 16,901, % 16,901, % % Total 16,901, % 16,901, % 16,901, % % Child Nutrition Fund Revenues 3811 USDA Grants - Regular 12,893, % 12,893, % 12,893, % % 3814 USDA Grants - Summer Feeding Programs 575, % 575, % 575, % % 3815 USDA Grants - Commodity Foods Used 1,000, % 1,000, % 1,000, % % 3816 USDA Grants - Fresh Fruit and Vegetable 380, % 380, % 380, % % 4300 Sales and Other Revenues 2,015, % 2,015, % 2,015, % % 4340 State Reimbursement For Breakfast 23, % 23, % 23, % % 4450 Interest Earned on Investments 5, % 5, % 5, % % 4490 Miscellaneous Revenue 10, % 10, % 10, % % Total 16,901, % 16,901, % 16,901, % % 50

61 BUDGET AMENDMENT #2 Sec on 7 GRANT FUND 51

62 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 Grant Fund Summary The Durham County Board of Education at a meeting on the 26th day of May passed the following amendment. Be it resolved that the following Budget be made as the Budget Amendment # 2 for the fiscal year ending June 30, Budget per Amendment # 1 Budget per Amendment # 2 Changes % Budget 8,930, ,999, , % FTE % Budgets by Purpose Codes: Code # Description $ Increases / (Decreases) 5000 Instructional Services 98, System Wide Support Services (29,226.10) 7000 Ancillary Services Non-Programmed Services (1,040.00) - Total $ 68, Explanation: The second Amendment to the grant fund represents an increase of $68, The increase represents increase in the following programs: PRC 518 Elizabeth McCraken Memorial Grant 15, PRC 530 Duke Stepping Stones Summer Program 25, PRC 578 PRC 835 Burton - Media Initiative 15, PRC 825 Responsive Classroom 7, Other Various Program Adjustments 5, Total Increase / (Decrease) $ 68, The following represents the Grant Fund as amended per Budget Amendment #2: Total Appropriation in Current Budget 8,930, Amount of Increase (Decrease) of Above Amendment 68, Total Appropriation in Current Amended Budget $ 8,999,

63 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 GRANT FUND REVENUES Purpose Revenues Amount Percent 3200 State Revenue - Other Funds $ 9, % 3700 Federal Revenue - Other Funds 2,193, % 4210 Student Parking Fees 108, % 4210 Tuition and Fees Local Sources 3,522, % 4440 ABC Revenue 21, % 4450 Interest Earned On Investments 2, % 4490 Other Local Operating Revenues 10, % 4890 Other Restricted Local Sources 1,853, % 4890 More At Four 1,277, % Total Revenue $ 8,999, % 14.19% 0.11% 24.38% 20.60% 1.20% 0.12% 0.03% 0.24% 39.15% State Revenue - Other Funds Federal Revenue - Other Funds Student Parking Fees Tuition and Fees Local Sources ABC Revenue Interest Earned On Investments Other Local Operating Revenues Other Restricted Local Sources More At Four 53

64 DURHAM PUBLIC SCHOOLS BUDGET AMENDMENT # 2 GRANT EXPENSE BY PURPOSE Purpose 6 Expenditures Amount Percent 5000 Instructional Services $ 3,720, % 6000 System Wide Support Services 260, % 7000 Ancillary Services 3,571, % 8000 Non-Programmed Services 1,447, % 9000 Capital Outlay - 0.0% Total Expenditure $ 8,999, % 16.1% 0.0% 41.3% 39.7% 2.9% Instructional Services System Wide Support Services Ancillary Services Non-Programmed Services Capital Outlay 54

65 Durham Public Schools Budget Amendment # 2 Grant Fund by Purpose Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences Purpose Description Budget Position % Budget Position % Budget Position % Budget Position % Grant Fund Expenditures 5000 Instructional Services 2,939, % 3,621, % 3,720, % 98, % 6000 System Wide Support Services 141, % 289, % 260, % (29,226.10) % 7000 Ancillary Services 3,565, % 3,571, % 3,571, % % 8000 Non-Programmed Services 1,415, % 1,448, % 1,447, % (1,040.00) % 9000 Capital Outlay % % % % Total 8,061, % 8,930, % 8,999, % 68, % Grant Fund Revenues 3200 State Revenue - Other Funds 3, % 9, % 9, % % 3700 Federal Revenue - Other Funds 1,462, % 2,193, % 2,193, % % 4210 Student Parking Fees 90, % 104, % 108, % 3, % 4210 Tuition and Fees Local Sources 3,522, % 3,522, % 3,522, % % 4440 ABC Revenue 21, % 21, % 21, % % 4450 Interest Earned On Investments 2, % 2, % 2, % % 4490 Other Local Operating Revenues 10, % 10, % 10, % % 4890 Other Restricted Local Sources 1,670, % 1,788, % 1,853, % 64, % 4890 More At Four 1,277, % 1,277, % 1,277, % % Total 8,061, % 8,930, % 8,999, % 68,

66 Durham Public Schools Budget Amendment # 2 Amendment by Fund Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences Purpose Description Budget Position % Budget Position % Budget Position % Budget Position % Instructional Services 5100 Regular Instructional Services 827, % 881, % 904, % 23, % 5200 Special Population Instructional Services 843, % 870, % 870, % % 5300 Alternative Program Instructional Services 1,034, % 1,549, % 1,606, % 56, % 5400 School Leadership Services % % % % 5500 Co-Curricular Services 8, % 8, % 8, % % 5800 School Based Support Services 225, % 312, % 329, % 17, % 2,939, % 3,621, % 3,720, % 98, % System-Wide Support Services 6100 Support and Development Services 40, % 40, % 40, % % 6200 Special Population Support Services % % % % 6300 Alternative Program Support Services % % % % 6400 Technology Support Services % % % % 6500 Operational Support Services 49, % 191, % 159, % (31,897.00) % 6600 Financial and Human Resources Services % % % % 6700 Accountability Services % % % % 6800 System-Wide Pupil Support Services 51, % 56, % 59, % 2, % 6900 Leadership Services % % % % 141, % 289, % 260, % (29,226.10) % Ancillary Services 7100 Community Services 3,524, % 3,530, % 3,530, % % 7200 Nutrition Services 40, % 40, % 40, % % 3,565, % 3,571, % 3,571, % % Non-Programmed Charges 8100 Payments to Other Governmental Units 26, % 53, % 53, % % 8200 Unbudgeted Funds 1,388, % 1,394, % 1,393, % (1,040.00) % 8500 Contingency % % % % 1,415, % 1,448, % 1,447, % (1,040.00) % Capital Outlay 9000 Capital Outlay % % % % % % % % Total 8,061, % 8,930, % 8,999, % 68, % 56

67 Durham Public Schools Budget Amendment # 2 Grant Fund by PRC Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences PRC Description Budget Position % Budget Position % Budget Position % Budget Position % Grant Fund Expenditures 332 Contingency 666, % 666, % 666, % % 335 Fresh Fruit And Vegetable 3, % 3, % 3, % % 342 READS for Summer Learning (Project Reads) 319, % 319, % 319, % % 343 National Science Foundation 3, % 3, % 3, % % 344 DNC New Schools Project % % 1, % 1, % 371 Innovative Approaches to Literacy 470, % 1,201, % 1,201, % % 401 Child Care Service Grant 2, % 2, % 2, % % 421 ED Workforce & Innovation Grant 270, % 270, % 270, % % 422 NC Arts Council Grant % 6, % 6, % % 461 Community Liaisons for Health 100, % 100, % 100, % % 500 Golden Corral Foundation % % % % 501 Della Bradsher Scholarship 36, % 35, % 35, % % 502 PTO Donation/Tech % % % % 503 Duke- Reading Academy - Forest View 24, % 24, % 24, % % 504 Watts Afterschool Reading 8, % 23, % 25, % 1, % 505 A T & T Grant - Early College 33, % 33, % 33, % % 508 Sertoma 3, % 3, % 3, % % 512 Hedgepath Grant 50, % 50, % 50, % % 517 Forensic League 4, % 4, % 4, % % 518 Elizabeth McCraken Mem. Grant % % 15, % 15, % 519 Duke -DGIN-Great Readers of Watts (G.R.O.W) 12, % 12, % 12, % % 521 USF- Outdoor Classroom-Southern HS 6, % 6, % 6, % % 526 LUMR Grant 2, % 2, % 2, % % 529 Close-up 7, % 7, % 7, % % 530 Duke - YE Smith Stepping Stones Summer Program 19, % 19, % 19, % % 532 Duke - Stepping Stones Summer Program 16, % 16, % 41, % 25, % 534 Duke - DGIN Forest View 31, % 31, % 31, % % 535 Stars Grant (21st Century) % % % % 536 UNC Dev. Schools - Forest View 11, % 11, % 11, % % 538 Durham New School (CMA) % % % % 540 GEN YOUth Program 82, % 82, % 82, % % 541 Stars Grant % % % % 543 NC New School Project Inc % % % (903.27) % 545 Duke - Peaceful Planet Summer Reading Camp 18, % 18, % 18, % % 548 Morgan Creek Foundation Grant 1, % 1, % 1, % % 549 Burroughs Wellcome - New Tech 1, % 1, % 1, % % 550 Duke-DGIN E.K. Powe 7, % 7, % 7, % % 551 Duke Energy Foundation Grant 15, % 15, % 15, % % 552 Duke Neighborhood Fund 29, % 29, % 29, % (426.00) % 554 Arts Spotlight-Evening Entertainment 51, % 62, % 62, % % 555 Cornwell Grant - Lakeview Program % % % % 556 DPMS Athletic Conference 20, % 20, % 20, % % 563 Student Science Enrichment Program % % % % 567 Support Our Student (SOS) % % % % 570 SECME-John Deere 10, % 10, % 10, % % 574 Burroughs Wellcome Grant-Spring Valley % % % % 578 Burroughs Wellcome Fund- Science/Math teachers Aw 30, % 30, % 45, % 15, % 580 Lowe's Grove Health and Fitness 4, % 4, % 4, % % 582 Student Scholarship For School Age 503, % 503, % 503, % % 584 DASH Co-ACT Mini Grant 4, % 4, % 4, % % 585 Early College High School Grant 33, % 33, % 33, % % 586 Duke- Lead Mentor Program 2, % 2, % 2, % % 587 Lamb Foundation of NC % % % % 592 Gates New School Project (CMA) 17, % 17, % 17, % % 598 More At Four Reimbursements 1,277, % 1,277, % 1,277, % % 603 LSTA Grant 10, % 10, % 10, % % 611 Durham ABC Board Grant 21, % 21, % 21, % % 650 Parking Fees 90, % 104, % 108, % 3, % 704 Community Schools 3,522, % 3,522, % 3,522, % % 754 Riverside Engineering Grant 5, % 5, % 5, % % 800 Target School Award 2, % 2, % 2, % % 804 Foundation for Wellness 2, % 2, % 2, % % 806 Playworks PTA- Hope Valley 7, % 7, % 7, % % 807 RTTT-Job Creation 3, % 3, % 3, % % 808 Duke-DGIN - Lakewood 32, % 32, % 32, % % 810 Duke-DGIN Rogers-Herr 14, % 14, % 14, % % 812 DPS Hub Farm 16, % 61, % 61, % % 813 SAS-Singapore Math Pilot 35, % 77, % 77, % % 815 Walmart Grant-Homeless Department 1, % 3, % 3, % % 57

68 Durham Public Schools Budget Amendment # 2 Grant Fund by PRC Fiscal Year Budget Per Resolution Budget Per Amendment # 1 Budget Per Amendment # 2 Differences PRC Description Budget Position % Budget Position % Budget Position % Budget Position % Grant Fund Expenditures 816 New Voices Project % 5, % 5, % % 817 United Way Campaign % % % % 818 STEM Grant - Teacher Edu Program (STEP) 1, % 1, % 1, % % 819 Sprint-PBS Program - Glenn ES % % % % 821 Duke-DGIN-DSA 20, % 20, % 20, % % 823 Foodball Program % % % % 824 NCA&T Unv.-Natuculture - Garden Projects 11, % 11, % 11, % % 825 Responsive Classroom % % 7, % 7, % 826 Learn to Read & Reading to Learn - Dollar General Lite % % % % 828 NC New Schools_Southern HS % % % (614.02) % 829 The Gathering Church-Tech Grant 5, % 5, % 5, % % 831 Cooking, Nutrition, & Outdoor Education 1, % 1, % 1, % % 832 Latino Family School 1, % 1, % 1, % % 834 Morehead PTA Initiative 3, % 3, % 3, % % 835 Burton - Media initiative 3, % 3, % 3, % % 836 United Way Social innovation challenge 4, % 4, % 4, % % 837 Duke - DGIN - YE Smith 6, % 6, % 6, % % 838 Afterschool Reading Academy 13, % 13, % 13, % % Total 8,061, % 8,930, % 8,999, % 68, % Grant Fund Revenues 3200 State Revenue - Other Funds 3, % 9, % 9, % % 3700 Federal Revenue - Other Funds 1,462, % 2,193, % 2,193, % % 4210 Student Parking Fees 90, % 104, % 108, % 3, % 4210 Tuition and Fees Local Sources 3,522, % 3,522, % 3,522, % % 4440 ABC Revenue 21, % 21, % 21, % % 4450 Interest Earned On Investments 2, % 2, % 2, % % 4490 Other Local Operating Revenues 10, % 10, % 10, % % 4890 Other Restricted Local Sources 1,670, % 1,788, % 1,853, % 64, % 4890 More At Four 1,277, % 1,277, % 1,277, % % Total 8,061, % 8,930, % 8,999, % 68, % 58

69 Operational Services & Policy Work Session PRECIS May 12, 2016 Agenda Item: Declaration of Surplus Furniture and Equipment Staff Liaison: Aaron J. Beaulieu Phone: Daniel Walker Main Points: Attached is a list of furniture and equipment that is nonserviceable, cannot be repaired, therefore, no longer services useful function for the school system and district. Administration recommends for discussion and subsequent approval the attached list to be declared surplus property. Fiscal Implications: Any proceeds from the sale of surplus will be deposited into the district s local fund. Purpose: Information X Discussion Action Consent Reviewed by: X Finance Attorney

70 May 12, 2016 Bacon Street Warehouse Surplus Quanity Item Poor Fair Good Excellent 738 Chairs x x 164 Office Chairs x x 120 File Cabinets x x 1 Study Carrels x 142 A/V Carts x x 85 TeacherDesk x x x 279 Tables x x 10 Cafeteria Tables x 7 Laptop Carts x x 25 Pianos x x x 141 Wooden Shelves x x x 593 Student Desk x x 264 Combo Desk x x 2 Science Lab Carts x 28 Chorus Risers x x 7 Shop Equipment x x x 21 DraftingTables x x 34 PreK Furniture x x 38 Metal Storage Cabinets x x 39 Wooden Storage Cabinets x x x 13 AC Units x x 70 Folding Chairs W/Racks x 1 Hospital Beds x 2 Weight Equipment x x 12 TVs x x x 15 Promethean Boards x x 1102 Computers Monitors x x x 9-10 pallets School books x x x 1

71 2 May 12, 2016

72 Operational Services & Policy Work Session PRECIS May 12, 2016 Agenda Item: Xerox Managed Services Agreement Staff Liaison: Aaron J. Beaulieu Phone: Marvin Ockletree Main Points: The Central Services area of Durham Public Schools has for many years operated a central duplication center at Hamlin Road that provides quick and efficient service to all schools and departments. The equipment in this center is designed for extremely high volumes and makes an average of 541,663 (B&W) impressions per month and 36,121 color impressions per month. In peak months impressions printed are upwards 1,200,000 and the color impressions are 150,000 plus, with the demand on the print shop to produce more in shorter turnaround times. Xerox is proposing a contract restructure to update aging technology to better meet changing requirements and lower cost. The current contract agreement is from 6/1/2011 to 5/31/2016 and the new contract agreement would be from 6/1/2016-5/31/2021. Administration submits the attached contract restructure recommendation for discussion and subsequent approval. Fiscal Implications: DPS currently spends approximately $243,696 on (B&W) and color production. The proposed recommendation to refresh the print shop technology and services is expected to save a minimum annual savings of $42,180 based on present volume at an annual cost of $201,516. Purpose: Information X Discussion Action Consent Reviewed by: X Finance Attorney

73 1

74 2

75 3

76 4

77 5

78 6

79 7

80 8

81 9

82 10

83 Operational Services & Policy Work Session Precis May 12, 2016 Agenda Item: Activity Bus Use for School Tours Staff Liaison: Hugh Osteen Phone: Main Points: The Board of Education and Board of County Commissioners wish to tour several school sites during the month of May. Policy Activity Buses indicates that an official exception by the board is required. Administration submits this exception for discussion and subsequent approval. Fiscal Implications: N/A Purpose: Information Discussion Action Consent Reviewed by: Finance Attorney

84 Policy Activity Buses The Board authorizes the use of activity buses for transportation of athletic teams or other student groups for regularly-scheduled curricular or extracurricular activities. Activity buses shall be assigned to individual schools. The transportation department shall service the activity buses after school buses. The Board also authorizes the use of activity buses by nonprofit corporations and local government units, subject to the following requirements: A. Nonprofit corporations and local government units may use school activity buses only for activities involving the transportation of school-aged and preschool-aged children currently enrolled in the school system. B. Nonprofit corporations and local government units may use activity buses only for round-trip transportation to and from the property of the entity where the activities are held. C. Caretakers and instructors may also be transported, but only to and from the same activities to which the students are being transported. D. The property to which the children will be transported must be located within 20 miles of any school building in the system. E. The requesting entity must provide proof of minimum insurance limits established by the school system. F. The requesting entity must execute a lease agreement that includes a provision that the board of education shall be indemnified and held harmless for any act or omission that occurs during the permitted use. G. Any rates or fees that will be charged by the school system shall be clearly enumerated. H. Only properly licensed bus drivers approved by DPS may drive activity buses. Legal Reference: G.S (27); ; 66-58(c); 115C-239 to -262; State Board of Education Policy TCS-H-006. Adopted Effective: July 2, 1992 Revised Effective: January 25, 1995 Revised Effective: July 1, 1999 Revised Effective: January 26, 2012

85 Operational Services & Policy Work Session PRECIS May 12, 2016 Agenda Item: Burton Elementary Bids for Roof Replacement Staff Liaison: Jon Long Phone: Main Points: Bond Funds provide for the replacement of the Roof at Burton Elementary School. The age and the condition of the roof make replacement necessary for the continued service of the building. Bids were received on April 19, 2016 from (3) qualified bidders. The lowest responsive, responsible bidder is: Baker Roofing Company Base Bid: $598, Raleigh, NC No Alternates: $.00 Total: $598, Administration submits this bid information and the proposed contract for discussion and subsequent approval. Fiscal Implications: This contract is within the project budget. Minority Business Enterprise participation is 4.2% and all required affidavits were submitted by the contractor. Purpose: Information XDiscussion Action Consent Reviewed by: Finance Attorney

86 BID TABULATIONS Burton Elementary School - Roof Replacement Bid Date: Tuesday, April 19, 2016 Time: 3:00 PM Durham Public Schools MWBE LICENSE BASE BIDDING CONTRACTORS FORM NUMBER BID TOTAL BID *1 Baker Roofing, Raleigh NC Y 5812 $598, $598, Martin Roofing, Wilkesboro NC Y $640, $640, Hamlin Roofing Co., Garner NC Y 5855 $771, $771, * Apparent lowest responsible, responsive bidder I (We) hereby certify that this is a true and accurate tabulation of bids received this day, for the above project. Signed: Date: Durham Public Schools 2011 Hamlin Road Durham, NC (919) Fax: (919)

87 NORTH CAROLINA DURHAM COUNTY OWNER-CONTRACTOR AGREEMENT Durham County Burton Elementary School - Roof Replacement THIS AGREEMENT, is made this 12th day of May in the year of 2016 by and between the Durham County, by and through its authorized agent the Durham Public Schools Board of Education (herein referred to as the "Owner"), whose mailing address for purposes of this agreement shall be, Construction & Capital Planning, 2011 Hamlin Road, Durham, North Carolina and Baker Roofing Company SS/EID # (herein referred to as the "Contractor"), whose mailing address is 517 Mercury Street, Raleigh NC All correspondence, submittals, and notices relating to or required under this Contract shall be sent in writing to the above addresses; unless either party is notified in writing by the other, of a change in address. WITNESSETH: WHEREAS, it is the intent of the Owner to obtain the services of the Contractor in connection with the Scope of Work for Burton Roof Replacement , documents dated March 11, 2016 hereinafter referred to as the "Project" or the "Work"; and WHEREAS, the Contractor desires to perform such construction in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, in consideration of the promises made herein and other good and valuable consideration, the following terms and conditions are hereby mutually agreed to, by and between the Owner and Contractor: Article 1 DEFINITIONS 1.1 All terms in this Agreement which are defined in the Information for Bidders and the General Conditions shall have the meanings designated therein. 1.2 The Contract Documents are as defined in the General Conditions provided with the Information to Bidders. Such documents form the Contract, and all are as fully a part thereof as if attached to this Agreement or repeated herein. Article 2 STATEMENT OF THE WORK 2.1 The Contractor shall provide and pay for all materials, tools, equipment, labor and professional and non-professional services, and shall perform all other acts and supply all other things necessary, to fully and properly perform and complete the Work, as required by the Contract Documents. 2.2 The Contractor shall further provide and pay for all related facilities described in any of the Contract Documents, including all work expressly specified therein and such 2

88 NORTH CAROLINA DURHAM COUNTY additional work as may be reasonably inferred therefrom, saving and excepting only such items of work as are specifically stated in the Contract Documents not to be the obligation of the Contractor. The totality of the obligations imposed upon the contractor by this Article and by all other provisions of the Contract Documents, as well as the structures to be built and the labor to be performed, is herein referred to as the "Work". Article 3 DESIGN CONSULTANT 3.1 The Design Consultant (as defined in the General Conditions) is REI Engineers, 9121 Anson Way Suite 100, Raleigh NC Article 4 TIME OF COMMENCEMENT AND COMPLETION 4.1 The Contractor shall commence the Work promptly upon the date established in the Notice to Proceed. If there is no Notice to Proceed, the date of commencement of the Work shall be the date of this Agreement or such other date as may be established herein. 4.2 Time is of the essence. The Contractor shall achieve Final Completion, as defined in the Specifications on or before the date established for Final Completion. 4.3 The Specifications contains certain specific dates that shall be adhered to and are the last acceptable dates unless modified in writing by mutual agreement between the Contractor and the Owner. All dates indicate midnight unless otherwise stipulated. 4.4 Should the Contractor fail to complete the Work on or before the dates stipulated for Substantial Completion and/or Final Completion (or such later date as may result from an extension of time granted by the Owner), he shall pay the Owner, as liquidated damages the sums set forth in the General Conditions. Article 5 CONTRACT SUM 5.1 Provided that the Contractor shall strictly and completely perform all of its obligations under the Contract Documents, and subject only to additions and deductions by Modification or as otherwise provided in the Contract Documents, the Owner shall pay to the Contractor, in current funds and at the time and in the installments hereinafter specified, the maximum sum of Five Hundred Ninety Eight Thousand Five Hundred Ninety Five Dollars ($598,595.00) herein referred to as the "Contract Sum". The Contract Sum includes the base bid work as specified in the bidding documents. Article 6 PROGRESS PAYMENTS 6.1 The Contractor hereby agrees that on or about the First day of the month for every month during the performance of the Work he will deliver to the Owner's Project Manager an Application for Payment in accordance with the provisions of the General Conditions. This date may be changed upon mutual agreement, stated in writing, 3

89 NORTH CAROLINA DURHAM COUNTY between the Owner and Contractor. Payment under this Contract shall be made as provided in the General Conditions. Article 7 OTHER REQUIREMENTS 7.1 The Contractor shall submit the Performance Bond, Labor and Material Payment Bond and Certification of Insurance as required by the Contract Documents. 7.2 The Owner shall furnish to the Contractor drawings and specifications as outlined in the General Conditions. Additional sets of drawings or specifications may be obtained by the Contractor by paying the Owner for the costs of reproduction, handling and mailing. 7.3 The Contractor will make a good faith effort to utilize Minority Business Enterprises (MBEs) per N.C. Gen. Stat as subcontractors in the performance of this contract. 7.4 Compliance with Applicable Laws. Contractor shall comply with all applicable laws and regulations in providing services under this Agreement. In particular, Contractor shall not employ any individuals to provide services to the Owner who are not authorized by federal law to work in the United States. Contractor represents and warrants that it is aware of and in compliance with the Immigration Reform and Control Act and North Carolina law (Article 2 of Chapter 64 of the North Carolina General Statutes) requiring use of the E-Verify system for employers who employ twenty-five (25) or more employees and that it is and will remain in compliance with these laws at all times while providing services pursuant to this Agreement. Contractor shall also ensure that any of its subcontractors (of any tier) will remain in compliance with these laws at all times while providing subcontracted services in connection with this Agreement. Contractor is responsible for providing affordable health care coverage to all of its full-time employees providing services to the School System. The definitions of affordable coverage and full-time employee are governed by the Affordable Care Act and accompanying IRS and Treasury Department regulations. 7.5 Lunsford Act / Criminal Background Checks. The Contractor shall conduct at its own expense sexual offender registry checks on each of its owners, employees, agents, or subcontractors ( contractual personnel ) who will engage in any service on or delivery of goods to school system property or at a school-system sponsored event, except checks shall not be required for individuals who are solely delivering or picking up equipment, materials, or supplies at: (1) the administrative office or loading dock of a school; (2) non-school sites; (3) schools closed for renovation; or (4) school construction sites.. The checks shall include at a minimum checks of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry ( the Registries ). For the Contractor s convenience only, all of the required registry checks may be completed at no cost by accessing the United States Department of Justice Sex Offender Public Website at www. nsopw.gov/. The Contractor shall provide certification that the registry checks were conducted on each of its contractual personnel providing services or delivering goods under this Agreement prior to the commencement of such services or the delivery of such goods. The Contractor shall conduct a current initial check of the registries (a check done more than 30 days prior to the date of this Agreement shall not 4

90 NORTH CAROLINA DURHAM COUNTY satisfy this contractual obligation). In addition, Contractor agrees to conduct the registry checks and provide a supplemental certification before any additional contractual personnel are used to deliver goods or provide services pursuant to this Agreement. Contractor further agrees to conduct annual registry checks of all contractual personnel and provide annual certifications at each anniversary date of this Agreement. Contractor shall not assign any individual to deliver goods or provide services pursuant to this Agreement if said individual appears on any of the listed registries. Contractor agrees that it will maintain all records and documents necessary to demonstrate that it has conducted a thorough check of the registries as to each contractual personnel, and agrees to provide such records and documents to the school system upon request. Contractor specifically acknowledges that the school system retains the right to audit these records to ensure compliance with this section at any time in the school system s sole discretion. Failure to comply with the terms of this provision shall be grounds for immediate termination of the Agreement. In addition, the Owner may conduct additional criminal records checks at the Owner s expense. If the school system exercises this right to conduct additional criminal records checks, Contractor agrees to provide within seven (7) days of request the full name, date of birth, state of residency for the past ten years, and any additional information requested by the school system for all contractual personnel who may deliver goods or perform services under this Agreement. Contractor further agrees that it has an ongoing obligation to provide the school system with the name of any new contractual personnel who may deliver goods or provide services under the Agreement. The Owner reserves the right to prohibit any contractual personnel of Contractor from delivering goods or providing services under this Agreement if the Owner determines, in its sole discretion, that such contractual personnel may pose a threat to the safety or well-being of students, school personnel or others. 7.6 Iran Divestment Act Certification. The Contractor certifies that as of the date of the Agreement between the Owner and Contractor, the Contractor is not listed on the Final Divestment List created by the North Carolina State Treasurer pursuant to NCGS 143-6A Applicable Durham Public Schools Board of Education Policies. The Contractor acknowledges that the Durham Public Schools Board of Education has adopted policies governing conduct on all property owned by the Owner and agrees to abide by any and all relevant board policies while on the Owner s property. The Contractor acknowledges that these policies are available online on the School System s website. In particular, the Contractor acknowledges that it has received copies of or has access to (via the Durham Public Schools website) and will abide by all applicable Durham Public Schools Board of Education policies, including but not limited to policies related to conduct on school property, weapons, drugs and alcohol, tobacco, and interactions with staff and students. IN WITNESS WHEREOF, Durham County, by and through its authorized agent the Durham Public Schools Board of Education (hereinbefore called the "Owner") has caused these presents to be signed by and through its authorized agent the Durham Public Schools Board of Education pursuant to the Interlocal Agreement between the Owner and the Durham Public Schools, and Baker Roofing Company (hereinbefore called "Contractor") has caused these presents to be signed by its President and its Corporate seal to be hereunto affixed, as hereinafter attested, all as of the day and year first above written. 5

91 NORTH CAROLINA DURHAM COUNTY Durham County By and through its authorized agent the Durham Public Schools Board of Education Heidi Carter, Chair, Durham Public Schools Board of Education This instrument has been pre-audited in the manner required by the School Budget and Fiscal Control Act. Aaron Beaulieu, Chief Financial Officer, Durham Public Schools Endorsement: Executive Director Durham Public Schools Construction & Capital Planning This contract was approved by the Board on the 12th day of May Baker Roofing Company By: Name/Title: STATE OF NORTH CAROLINA COUNTY OF I, a Notary Public in and for the aforesaid County and State, do hereby certify that personally appeared before me this day and acknowledged that he/she is of., a (state of incorporation) corporation, duly authorized to do business in the state of North Carolina, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its, sealed with its corporate seal and attested by as its Corporate Secretary. Witness my hand and notarial seal this day of, 201. Notary Public (SEAL/STAMP) My commission expires: 6

92 Operational Services & Policy Work Session PRECIS May 12, 2016 Agenda Item: Jordan High School Bids for Mobile Classrooms Staff Liaison: Jon Long Phone: Main Points: Bond Funds provide installation of Mobile Classrooms at Jordan High School. Due to growing enrollment and program needs, additional mobile classrooms are needed at Jordan High School. Bids were received on April 14, 2016 from four (4) qualified bidders. The lowest responsive, responsible bidder is: PGA Construction Base Bid: $326, Pittsboro, NC No Alternates: $ 0.00 Total: $326, Administration submits this bid information and the proposed contract for discussion and subsequent approval. Fiscal Implications: This contract is within the project budget. Minority Business Enterprise participation is 100% and all required affidavits were submitted by the contractor. Purpose: Information XDiscussion Action Consent Reviewed by: Finance Attorney

93 BID TABULATIONS Jordan High School - Mobile Classrooms 8-11 Bid Date: Thursday, April 14, 2016 Time: 2:00 PM Durham Public Schools BIDDING CONTRACTORS MWBE FORM LICENSE NUMBER 1 Mobile Modular Management Corporation, Charlotte, NC Y $473, $473, *2 PGA Construction Company, Pittsboro, NC Y $326, $326, Riggs-Harrod Builders, Inc., Durham, NC Y $330, $330, Scotia Construction, Inc., Cary, NC Y 6481 $429, $429, BASE BID TOTAL BID * Apparent lowest responsible, responsive bidder I (We) hereby certify that this is a true and accurate tabulation of bids received this day, for the above project. Signed: Date: Durham Public Schools 2011 Hamlin Road Durham, NC (919) Fax: (919)

94 NORTH CAROLINA DURHAM COUNTY OWNER-CONTRACTOR AGREEMENT Durham County Jordan High School - Mobile Classrooms 8-11 THIS AGREEMENT, is made this 12th day of May in the year of 2016 by and between the Durham County, by and through its authorized agent the Durham Public Schools Board of Education (herein referred to as the "Owner"), whose mailing address for purposes of this agreement shall be, Construction & Capital Planning, 2011 Hamlin Road, Durham, North Carolina and PGA Construction, Inc. SS/EID # (herein referred to as the "Contractor"), whose mailing address is 9 Crosswinds Estates Drive, Pittsboro, NC All correspondence, submittals, and notices relating to or required under this Contract shall be sent in writing to the above addresses; unless either party is notified in writing by the other, of a change in address. WITNESSETH: WHEREAS, it is the intent of the Owner to obtain the services of the Contractor in connection with the Scope of Work for Jordan High School Mobile Classrooms 8-11 (DPS project , documents dated March 16, 2016) hereinafter referred to as the "Project" or the "Work"; and WHEREAS, the Contractor desires to perform such construction in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, in consideration of the promises made herein and other good and valuable consideration, the following terms and conditions are hereby mutually agreed to, by and between the Owner and Contractor: Article 1 DEFINITIONS 1.1 All terms in this Agreement which are defined in the Information for Bidders and the General Conditions shall have the meanings designated therein. 1.2 The Contract Documents are as defined in the General Conditions provided with the Information to Bidders. Such documents form the Contract, and all are as fully a part thereof as if attached to this Agreement or repeated herein. Article 2 STATEMENT OF THE WORK 2.1 The Contractor shall provide and pay for all materials, tools, equipment, labor and professional and non-professional services, and shall perform all other acts and supply all other things necessary, to fully and properly perform and complete the Work, as required by the Contract Documents. 2

95 NORTH CAROLINA DURHAM COUNTY 2.2 The Contractor shall further provide and pay for all related facilities described in any of the Contract Documents, including all work expressly specified therein and such additional work as may be reasonably inferred therefrom, saving and excepting only such items of work as are specifically stated in the Contract Documents not to be the obligation of the Contractor. The totality of the obligations imposed upon the contractor by this Article and by all other provisions of the Contract Documents, as well as the structures to be built and the labor to be performed, is herein referred to as the "Work". Article 3 DESIGN CONSULTANT 3.1 The Design Consultant (as defined in the General Conditions) is DTW Architects & Planners, Ltd., 229 N. Gregson Street, Durham, NC Article 4 TIME OF COMMENCEMENT AND COMPLETION 4.1 The Contractor shall commence the Work promptly upon the date established in the Notice to Proceed. If there is no Notice to Proceed, the date of commencement of the Work shall be the date of this Agreement or such other date as may be established herein. 4.2 Time is of the essence. The Contractor shall achieve Final Completion, as defined in the Specifications on or before the date established for Final Completion. 4.3 The Specifications contains certain specific dates that shall be adhered to and are the last acceptable dates unless modified in writing by mutual agreement between the Contractor and the Owner. All dates indicate midnight unless otherwise stipulated. 4.4 Should the Contractor fail to complete the Work on or before the dates stipulated for Substantial Completion and/or Final Completion (or such later date as may result from an extension of time granted by the Owner), he shall pay the Owner, as liquidated damages the sums set forth in the General Conditions. Article 5 CONTRACT SUM 5.1 Provided that the Contractor shall strictly and completely perform all of its obligations under the Contract Documents, and subject only to additions and deductions by Modification or as otherwise provided in the Contract Documents, the Owner shall pay to the Contractor, in current funds and at the time and in the installments hereinafter specified, the maximum sum of Three Hundred Twenty Six Thousand Seven Hundred Fifty Dollars ($326,750.00) herein referred to as the "Contract Sum". The Contract Sum includes the base bid work as specified in the bidding documents. Article 6 PROGRESS PAYMENTS 6.1 The Contractor hereby agrees that on or about the First day of the month for every month during the performance of the Work he will deliver to the Owner's Project 3

96 NORTH CAROLINA DURHAM COUNTY Manager an Application for Payment in accordance with the provisions of the General Conditions. This date may be changed upon mutual agreement, stated in writing, between the Owner and Contractor. Payment under this Contract shall be made as provided in the General Conditions. Article 7 OTHER REQUIREMENTS 7.1 The Contractor shall submit the Performance Bond, Labor and Material Payment Bond and Certification of Insurance as required by the Contract Documents. 7.2 The Owner shall furnish to the Contractor drawings and specifications as outlined in the General Conditions. Additional sets of drawings or specifications may be obtained by the Contractor by paying the Owner for the costs of reproduction, handling and mailing. 7.3 The Contractor will make a good faith effort to utilize Minority Business Enterprises (MBEs) per N.C. Gen. Stat as subcontractors in the performance of this contract. 7.4 Compliance with Applicable Laws. Contractor shall comply with all applicable laws and regulations in providing services under this Agreement. In particular, Contractor shall not employ any individuals to provide services to the Owner who are not authorized by federal law to work in the United States. Contractor represents and warrants that it is aware of and in compliance with the Immigration Reform and Control Act and North Carolina law (Article 2 of Chapter 64 of the North Carolina General Statutes) requiring use of the E-Verify system for employers who employ twenty-five (25) or more employees and that it is and will remain in compliance with these laws at all times while providing services pursuant to this Agreement. Contractor shall also ensure that any of its subcontractors (of any tier) will remain in compliance with these laws at all times while providing subcontracted services in connection with this Agreement. Contractor is responsible for providing affordable health care coverage to all of its full-time employees providing services to the School System. The definitions of affordable coverage and full-time employee are governed by the Affordable Care Act and accompanying IRS and Treasury Department regulations. 7.5 Lunsford Act / Criminal Background Checks. The Contractor shall conduct at its own expense sexual offender registry checks on each of its owners, employees, agents, or subcontractors ( contractual personnel ) who will engage in any service on or delivery of goods to school system property or at a school-system sponsored event, except checks shall not be required for individuals who are solely delivering or picking up equipment, materials, or supplies at: (1) the administrative office or loading dock of a school; (2) non-school sites; (3) schools closed for renovation; or (4) school construction sites.. The checks shall include at a minimum checks of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry ( the Registries ). For the Contractor s convenience only, all of the required registry checks may be completed at no cost by accessing the United States Department of Justice Sex Offender Public Website at www. nsopw.gov/. The Contractor shall provide certification that the registry checks were conducted on each of its contractual personnel providing services or delivering goods under this Agreement prior to the commencement of such services or 4

97 NORTH CAROLINA DURHAM COUNTY the delivery of such goods. The Contractor shall conduct a current initial check of the registries (a check done more than 30 days prior to the date of this Agreement shall not satisfy this contractual obligation). In addition, Contractor agrees to conduct the registry checks and provide a supplemental certification before any additional contractual personnel are used to deliver goods or provide services pursuant to this Agreement. Contractor further agrees to conduct annual registry checks of all contractual personnel and provide annual certifications at each anniversary date of this Agreement. Contractor shall not assign any individual to deliver goods or provide services pursuant to this Agreement if said individual appears on any of the listed registries. Contractor agrees that it will maintain all records and documents necessary to demonstrate that it has conducted a thorough check of the registries as to each contractual personnel, and agrees to provide such records and documents to the school system upon request. Contractor specifically acknowledges that the school system retains the right to audit these records to ensure compliance with this section at any time in the school system s sole discretion. Failure to comply with the terms of this provision shall be grounds for immediate termination of the Agreement. In addition, the Owner may conduct additional criminal records checks at the Owner s expense. If the school system exercises this right to conduct additional criminal records checks, Contractor agrees to provide within seven (7) days of request the full name, date of birth, state of residency for the past ten years, and any additional information requested by the school system for all contractual personnel who may deliver goods or perform services under this Agreement. Contractor further agrees that it has an ongoing obligation to provide the school system with the name of any new contractual personnel who may deliver goods or provide services under the Agreement. The Owner reserves the right to prohibit any contractual personnel of Contractor from delivering goods or providing services under this Agreement if the Owner determines, in its sole discretion, that such contractual personnel may pose a threat to the safety or well-being of students, school personnel or others. 7.6 Iran Divestment Act Certification. The Contractor certifies that as of the date of the Agreement between the Owner and Contractor, the Contractor is not listed on the Final Divestment List created by the North Carolina State Treasurer pursuant to NCGS 143-6A Applicable Durham Public Schools Board of Education Policies. The Contractor acknowledges that the Durham Public Schools Board of Education has adopted policies governing conduct on all property owned by the Owner and agrees to abide by any and all relevant board policies while on the Owner s property. The Contractor acknowledges that these policies are available online on the School System s website. In particular, the Contractor acknowledges that it has received copies of or has access to (via the Durham Public Schools website) and will abide by all applicable Durham Public Schools Board of Education policies, including but not limited to policies related to conduct on school property, weapons, drugs and alcohol, tobacco, and interactions with staff and students. IN WITNESS WHEREOF, Durham County, by and through its authorized agent the Durham Public Schools Board of Education (hereinbefore called the "Owner") has caused these presents to be signed by and through its authorized agent the Durham Public Schools Board of Education pursuant to the Interlocal Agreement between the Owner and the Durham Public Schools, and PGA Construction, Inc. (hereinbefore called "Contractor") has caused these 5

98 NORTH CAROLINA DURHAM COUNTY presents to be signed by its President and its Corporate seal to be hereunto affixed, as hereinafter attested, all as of the day and year first above written. Durham County By and through its authorized agent the Durham Public Schools Board of Education Heidi Carter, Chair, Durham Public Schools Board of Education This instrument has been pre-audited in the manner required by the School Budget and Fiscal Control Act. Aaron Beaulieu, Chief Financial Officer, Durham Public Schools Endorsement: Executive Director Durham Public Schools Construction & Capital Planning This contract was approved by the Board on the 12th day of May PGA Construction, Inc. By: Name/Title: STATE OF NORTH CAROLINA COUNTY OF I, a Notary Public in and for the aforesaid County and State, do hereby certify that personally appeared before me this day and acknowledged that he/she is of., a (state of incorporation) corporation, duly authorized to do business in the state of North Carolina, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its, sealed with its corporate seal and attested by as its Corporate Secretary. Witness my hand and notarial seal this day of, 201. Notary Public (SEAL/STAMP) My commission expires: 6

99 Operational Services & Policy Work Session PRECIS May 12, 2016 Agenda Item: Hillandale Elementary Bids for Traffic Improvements Staff Liaison: Jon Long Phone: Main Points: Bond Funds provide traffic improvements at Hillandale Elementary School. A new dual stacking lane will improve onsite traffic function and safety. Bids were received on April 21, 2016 from four (4) qualified bidders. The lowest responsive, responsible bidder is: State Contracting, Inc. Base Bid: $484, Wake Forest, NC No Alternates: $ 0.00 Total: $484, Administration submits this bid information and the proposed contract for discussion and subsequent approval. Fiscal Implications: This contract is within the project budget. Minority Business Enterprise participation is 100% and all required affidavits were submitted by the contractor. Purpose: Information XDiscussion Action Consent Reviewed by: Finance Attorney

100 BID TABULATIONS Hillandale Elementary School - Traffic Improvement Bid Date: Thursday, April 21, 2016 Time: 2:00 PM Durham Public Schools BIDDING CONTRACTORS MWBE FORM LICENSE NUMBER 1 Riggs-Harrod Builders, Inc., Durham, NC Y $519, $519, Muter Construction, Zebulon, NC Y $494, $494, Ruston Paving, Durham, NC Y $493, $493, *4 State Contracting, Inc., Wake Forest, NC Y $484, $484, BASE BID TOTAL BID * Apparent lowest responsible, responsive bidder I (We) hereby certify that this is a true and accurate tabulation of bids received this day, for the above project. Signed: Date: Durham Public Schools 2011 Hamlin Road Durham, NC (919) Fax: (919)

101 NORTH CAROLINA DURHAM COUNTY OWNER-CONTRACTOR AGREEMENT Durham County Hillandale Elementary School - Traffic Improvement THIS AGREEMENT, is made this 12th day of May in the year of 2016 by and between the Durham County, by and through its authorized agent the Durham Public Schools Board of Education (herein referred to as the "Owner"), whose mailing address for purposes of this agreement shall be, Construction & Capital Planning, 2011 Hamlin Road, Durham, North Carolina and State Contracting, Inc. SS/EID # (herein referred to as the "Contractor"), whose mailing address is PO Box 1934, Wake Forest, NC All correspondence, submittals, and notices relating to or required under this Contract shall be sent in writing to the above addresses; unless either party is notified in writing by the other, of a change in address. WITNESSETH: WHEREAS, it is the intent of the Owner to obtain the services of the Contractor in connection with the Scope of Work for Hillandale Elementary School Traffic Improvement (DPS project , documents dated 3/31/2016) hereinafter referred to as the "Project" or the "Work"; and WHEREAS, the Contractor desires to perform such construction in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, in consideration of the promises made herein and other good and valuable consideration, the following terms and conditions are hereby mutually agreed to, by and between the Owner and Contractor: Article 1 DEFINITIONS 1.1 All terms in this Agreement which are defined in the Information for Bidders and the General Conditions shall have the meanings designated therein. 1.2 The Contract Documents are as defined in the General Conditions provided with the Information to Bidders. Such documents form the Contract, and all are as fully a part thereof as if attached to this Agreement or repeated herein. Article 2 STATEMENT OF THE WORK 2.1 The Contractor shall provide and pay for all materials, tools, equipment, labor and professional and non-professional services, and shall perform all other acts and supply all other things necessary, to fully and properly perform and complete the Work, as required by the Contract Documents. 2

102 NORTH CAROLINA DURHAM COUNTY 2.2 The Contractor shall further provide and pay for all related facilities described in any of the Contract Documents, including all work expressly specified therein and such additional work as may be reasonably inferred therefrom, saving and excepting only such items of work as are specifically stated in the Contract Documents not to be the obligation of the Contractor. The totality of the obligations imposed upon the contractor by this Article and by all other provisions of the Contract Documents, as well as the structures to be built and the labor to be performed, is herein referred to as the "Work". Article 3 DESIGN CONSULTANT 3.1 The Design Consultant (as defined in the General Conditions) is CLH Design, P.A., 400 Regency Forest Drive, Suite 120, Cary, NC Article 4 TIME OF COMMENCEMENT AND COMPLETION 4.1 The Contractor shall commence the Work promptly upon the date established in the Notice to Proceed. If there is no Notice to Proceed, the date of commencement of the Work shall be the date of this Agreement or such other date as may be established herein. 4.2 Time is of the essence. The Contractor shall achieve Final Completion, as defined in the Specifications on or before the date established for Final Completion. 4.3 The Specifications contains certain specific dates that shall be adhered to and are the last acceptable dates unless modified in writing by mutual agreement between the Contractor and the Owner. All dates indicate midnight unless otherwise stipulated. 4.4 Should the Contractor fail to complete the Work on or before the dates stipulated for Substantial Completion and/or Final Completion (or such later date as may result from an extension of time granted by the Owner), he shall pay the Owner, as liquidated damages the sums set forth in the General Conditions. Article 5 CONTRACT SUM 5.1 Provided that the Contractor shall strictly and completely perform all of its obligations under the Contract Documents, and subject only to additions and deductions by Modification or as otherwise provided in the Contract Documents, the Owner shall pay to the Contractor, in current funds and at the time and in the installments hereinafter specified, the maximum sum of Four Hundred Eighty Four Thousand Eight Hundred Forty Eight Dollars ($484,848.00) herein referred to as the "Contract Sum". The Contract Sum includes the base bid work as specified in the bidding documents. Article 6 PROGRESS PAYMENTS 6.1 The Contractor hereby agrees that on or about the First day of the month for every month during the performance of the Work he will deliver to the Owner's Project 3

103 NORTH CAROLINA DURHAM COUNTY Manager an Application for Payment in accordance with the provisions of the General Conditions. This date may be changed upon mutual agreement, stated in writing, between the Owner and Contractor. Payment under this Contract shall be made as provided in the General Conditions. Article 7 OTHER REQUIREMENTS 7.1 The Contractor shall submit the Performance Bond, Labor and Material Payment Bond and Certification of Insurance as required by the Contract Documents. 7.2 The Owner shall furnish to the Contractor drawings and specifications as outlined in the General Conditions. Additional sets of drawings or specifications may be obtained by the Contractor by paying the Owner for the costs of reproduction, handling and mailing. 7.3 The Contractor will make a good faith effort to utilize Minority Business Enterprises (MBEs) per N.C. Gen. Stat as subcontractors in the performance of this contract. 7.4 Compliance with Applicable Laws. Contractor shall comply with all applicable laws and regulations in providing services under this Agreement. In particular, Contractor shall not employ any individuals to provide services to the Owner who are not authorized by federal law to work in the United States. Contractor represents and warrants that it is aware of and in compliance with the Immigration Reform and Control Act and North Carolina law (Article 2 of Chapter 64 of the North Carolina General Statutes) requiring use of the E-Verify system for employers who employ twenty-five (25) or more employees and that it is and will remain in compliance with these laws at all times while providing services pursuant to this Agreement. Contractor shall also ensure that any of its subcontractors (of any tier) will remain in compliance with these laws at all times while providing subcontracted services in connection with this Agreement. Contractor is responsible for providing affordable health care coverage to all of its full-time employees providing services to the School System. The definitions of affordable coverage and full-time employee are governed by the Affordable Care Act and accompanying IRS and Treasury Department regulations. 7.5 Lunsford Act / Criminal Background Checks. The Contractor shall conduct at its own expense sexual offender registry checks on each of its owners, employees, agents, or subcontractors ( contractual personnel ) who will engage in any service on or delivery of goods to school system property or at a school-system sponsored event, except checks shall not be required for individuals who are solely delivering or picking up equipment, materials, or supplies at: (1) the administrative office or loading dock of a school; (2) non-school sites; (3) schools closed for renovation; or (4) school construction sites.. The checks shall include at a minimum checks of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry ( the Registries ). For the Contractor s convenience only, all of the required registry checks may be completed at no cost by accessing the United States Department of Justice Sex Offender Public Website at www. nsopw.gov/. The Contractor shall provide certification that the registry checks were conducted on each of its contractual personnel providing services or delivering goods under this Agreement prior to the commencement of such services or 4

104 NORTH CAROLINA DURHAM COUNTY the delivery of such goods. The Contractor shall conduct a current initial check of the registries (a check done more than 30 days prior to the date of this Agreement shall not satisfy this contractual obligation). In addition, Contractor agrees to conduct the registry checks and provide a supplemental certification before any additional contractual personnel are used to deliver goods or provide services pursuant to this Agreement. Contractor further agrees to conduct annual registry checks of all contractual personnel and provide annual certifications at each anniversary date of this Agreement. Contractor shall not assign any individual to deliver goods or provide services pursuant to this Agreement if said individual appears on any of the listed registries. Contractor agrees that it will maintain all records and documents necessary to demonstrate that it has conducted a thorough check of the registries as to each contractual personnel, and agrees to provide such records and documents to the school system upon request. Contractor specifically acknowledges that the school system retains the right to audit these records to ensure compliance with this section at any time in the school system s sole discretion. Failure to comply with the terms of this provision shall be grounds for immediate termination of the Agreement. In addition, the Owner may conduct additional criminal records checks at the Owner s expense. If the school system exercises this right to conduct additional criminal records checks, Contractor agrees to provide within seven (7) days of request the full name, date of birth, state of residency for the past ten years, and any additional information requested by the school system for all contractual personnel who may deliver goods or perform services under this Agreement. Contractor further agrees that it has an ongoing obligation to provide the school system with the name of any new contractual personnel who may deliver goods or provide services under the Agreement. The Owner reserves the right to prohibit any contractual personnel of Contractor from delivering goods or providing services under this Agreement if the Owner determines, in its sole discretion, that such contractual personnel may pose a threat to the safety or well-being of students, school personnel or others. 7.6 Iran Divestment Act Certification. The Contractor certifies that as of the date of the Agreement between the Owner and Contractor, the Contractor is not listed on the Final Divestment List created by the North Carolina State Treasurer pursuant to NCGS 143-6A Applicable Durham Public Schools Board of Education Policies. The Contractor acknowledges that the Durham Public Schools Board of Education has adopted policies governing conduct on all property owned by the Owner and agrees to abide by any and all relevant board policies while on the Owner s property. The Contractor acknowledges that these policies are available online on the School System s website. In particular, the Contractor acknowledges that it has received copies of or has access to (via the Durham Public Schools website) and will abide by all applicable Durham Public Schools Board of Education policies, including but not limited to policies related to conduct on school property, weapons, drugs and alcohol, tobacco, and interactions with staff and students. IN WITNESS WHEREOF, Durham County, by and through its authorized agent the Durham Public Schools Board of Education (hereinbefore called the "Owner") has caused these presents to be signed by and through its authorized agent the Durham Public Schools Board of Education pursuant to the Interlocal Agreement between the Owner and the Durham Public Schools, and State Contracting, Inc. (hereinbefore called "Contractor") has caused these 5

105 NORTH CAROLINA DURHAM COUNTY presents to be signed by its President and its Corporate seal to be hereunto affixed, as hereinafter attested, all as of the day and year first above written. Durham County By and through its authorized agent the Durham Public Schools Board of Education Heidi Carter, Chair, Durham Public Schools Board of Education This instrument has been pre-audited in the manner required by the School Budget and Fiscal Control Act. Aaron Beaulieu, Chief Financial Officer, Durham Public Schools Endorsement: Executive Director Durham Public Schools Construction & Capital Planning This contract was approved by the Board on the 12th day of May, State Contracting, Inc. By: Name/Title: STATE OF NORTH CAROLINA COUNTY OF I, a Notary Public in and for the aforesaid County and State, do hereby certify that personally appeared before me this day and acknowledged that he/she is of., a (state of incorporation) corporation, duly authorized to do business in the state of North Carolina, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its, sealed with its corporate seal and attested by as its Corporate Secretary. Witness my hand and notarial seal this day of, 201. Notary Public (SEAL/STAMP) My commission expires: 6

106 Operational Services & Policy Work Session PRECIS May 12, 2016 Agenda Item: Bids for Districtwide - Controls Management System Staff Liaison: Jon Long Phone: Main Points: Bond Funds provide for the replacement of the HVAC controls districtwide. This work will improve efficiency and dependability of HVAC systems. Bids were received on April 21, 2016 from three (3) qualified bidders. The lowest responsive, responsible bidder is: Brady Services Inc. Base Bid: $185, Morrisville, NC No Alternates: $ 0.00 Total: $185, Administration submits this bid information and the proposed contract for discussion and subsequent approval. Fiscal Implications: This contract is within the project budget. Minority Business Enterprise participation is 0% and all required affidavits were submitted by the contractor. Purpose: Information XDiscussion Action Consent Reviewed by: Finance Attorney

107 BID TABULATIONS Districtwide - Controls Supervisior Bid Date: Thursday, April 21, 2016 Time: 11:00 AM Durham Public Schools BIDDING CONTRACTORS MWBE FORM LICENSE NUMBER 1 Brady, Morrisville, NC X M $185, $185, CMS Controls, Raleigh, NC X U $294, $294, Engineered Control Solutions, Fuguay Varina, NC X U $308, $308, BASE BID TOTAL BID * Apparent lowest responsible, responsive bidder I (We) hereby certify that this is a true and accurate tabulation of bids received this day, for the above project. Signed: Date: Durham Public Schools 2011 Hamlin Road Durham, NC (919) Fax: (919)

108 NORTH CAROLINA DURHAM COUNTY OWNER-CONTRACTOR AGREEMENT Durham County Durham Public Schools HVAC Controls Replacement for: Systems Integrator THIS AGREEMENT, is made this 12th day of May in the year of 2016 by and between the Durham County, by and through its authorized agent the Durham Public Schools Board of Education (herein referred to as the "Owner"), whose mailing address for purposes of this agreement shall be, Construction & Capital Planning, 2011 Hamlin Road, Durham, North Carolina and Brady Services, Inc. SS/EID # (herein referred to as the "Contractor"), whose mailing address is PO Box Greensboro, NC All correspondence, submittals, and notices relating to or required under this Contract shall be sent in writing to the above addresses; unless either party is notified in writing by the other, of a change in address. WITNESSETH: WHEREAS, it is the intent of the Owner to obtain the services of the Contractor in connection with the Scope of Work for Durham Public Schools HVAC Controls Replacement for: Systems Integrator (DPS project , documents dated April 1, 2016) hereinafter referred to as the "Project" or the "Work"; and WHEREAS, the Contractor desires to perform such construction in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, in consideration of the promises made herein and other good and valuable consideration, the following terms and conditions are hereby mutually agreed to, by and between the Owner and Contractor: Article 1 DEFINITIONS 1.1 All terms in this Agreement which are defined in the Information for Bidders and the General Conditions shall have the meanings designated therein. 1.2 The Contract Documents are as defined in the General Conditions provided with the Information to Bidders. Such documents form the Contract, and all are as fully a part thereof as if attached to this Agreement or repeated herein. Article 2 STATEMENT OF THE WORK 2.1 The Contractor shall provide and pay for all materials, tools, equipment, labor and professional and non-professional services, and shall perform all other acts and supply all other things necessary, to fully and properly perform and complete the Work, as required by the Contract Documents. 2

109 NORTH CAROLINA DURHAM COUNTY 2.2 The Contractor shall further provide and pay for all related facilities described in any of the Contract Documents, including all work expressly specified therein and such additional work as may be reasonably inferred therefrom, saving and excepting only such items of work as are specifically stated in the Contract Documents not to be the obligation of the Contractor. The totality of the obligations imposed upon the contractor by this Article and by all other provisions of the Contract Documents, as well as the structures to be built and the labor to be performed, is herein referred to as the "Work". Article 3 DESIGN CONSULTANT 3.1 The Design Consultant (as defined in the General Conditions) is Dewberry Engineers Inc Wycliff Road, Suite 410 Raleigh, NC Article 4 TIME OF COMMENCEMENT AND COMPLETION 4.1 The Contractor shall commence the Work promptly upon the date established in the Notice to Proceed. If there is no Notice to Proceed, the date of commencement of the Work shall be the date of this Agreement or such other date as may be established herein. 4.2 Time is of the essence. The Contractor shall achieve Final Completion, as defined in the Specifications on or before the date established for Final Completion. 4.3 The Specifications contains certain specific dates that shall be adhered to and are the last acceptable dates unless modified in writing by mutual agreement between the Contractor and the Owner. All dates indicate midnight unless otherwise stipulated. 4.4 Should the Contractor fail to complete the Work on or before the dates stipulated for Substantial Completion and/or Final Completion (or such later date as may result from an extension of time granted by the Owner), he shall pay the Owner, as liquidated damages the sums set forth in the General Conditions. Article 5 CONTRACT SUM 5.1 Provided that the Contractor shall strictly and completely perform all of its obligations under the Contract Documents, and subject only to additions and deductions by Modification or as otherwise provided in the Contract Documents, the Owner shall pay to the Contractor, in current funds and at the time and in the installments hereinafter specified, the maximum sum of One Hundred Eighty Five Thousand Dollars ($185,000.00) herein referred to as the "Contract Sum". The Contract Sum includes the base bid work as specified in the bidding documents. Article 6 PROGRESS PAYMENTS 6.1 The Contractor hereby agrees that on or about the First day of the month for every month during the performance of the Work he will deliver to the Owner's Project 3

110 NORTH CAROLINA DURHAM COUNTY Manager an Application for Payment in accordance with the provisions of the General Conditions. This date may be changed upon mutual agreement, stated in writing, between the Owner and Contractor. Payment under this Contract shall be made as provided in the General Conditions. Article 7 OTHER REQUIREMENTS 7.1 The Contractor shall submit the Performance Bond, Labor and Material Payment Bond and Certification of Insurance as required by the Contract Documents. 7.2 The Owner shall furnish to the Contractor drawings and specifications as outlined in the General Conditions. Additional sets of drawings or specifications may be obtained by the Contractor by paying the Owner for the costs of reproduction, handling and mailing. 7.3 The Contractor will make a good faith effort to utilize Minority Business Enterprises (MBEs) per N.C. Gen. Stat as subcontractors in the performance of this contract. 7.4 Compliance with Applicable Laws. Contractor shall comply with all applicable laws and regulations in providing services under this Agreement. In particular, Contractor shall not employ any individuals to provide services to the Owner who are not authorized by federal law to work in the United States. Contractor represents and warrants that it is aware of and in compliance with the Immigration Reform and Control Act and North Carolina law (Article 2 of Chapter 64 of the North Carolina General Statutes) requiring use of the E-Verify system for employers who employ twenty-five (25) or more employees and that it is and will remain in compliance with these laws at all times while providing services pursuant to this Agreement. Contractor shall also ensure that any of its subcontractors (of any tier) will remain in compliance with these laws at all times while providing subcontracted services in connection with this Agreement. Contractor is responsible for providing affordable health care coverage to all of its full-time employees providing services to the School System. The definitions of affordable coverage and full-time employee are governed by the Affordable Care Act and accompanying IRS and Treasury Department regulations. 7.5 Lunsford Act / Criminal Background Checks. The Contractor shall conduct at its own expense sexual offender registry checks on each of its owners, employees, agents, or subcontractors ( contractual personnel ) who will engage in any service on or delivery of goods to school system property or at a school-system sponsored event, except checks shall not be required for individuals who are solely delivering or picking up equipment, materials, or supplies at: (1) the administrative office or loading dock of a school; (2) non-school sites; (3) schools closed for renovation; or (4) school construction sites.. The checks shall include at a minimum checks of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry ( the Registries ). For the Contractor s convenience only, all of the required registry checks may be completed at no cost by accessing the United States Department of Justice Sex Offender Public Website at www. nsopw.gov/. The Contractor shall provide certification that the registry checks were conducted on each of its contractual personnel providing services or delivering goods under this Agreement prior to the commencement of such services or 4

111 NORTH CAROLINA DURHAM COUNTY the delivery of such goods. The Contractor shall conduct a current initial check of the registries (a check done more than 30 days prior to the date of this Agreement shall not satisfy this contractual obligation). In addition, Contractor agrees to conduct the registry checks and provide a supplemental certification before any additional contractual personnel are used to deliver goods or provide services pursuant to this Agreement. Contractor further agrees to conduct annual registry checks of all contractual personnel and provide annual certifications at each anniversary date of this Agreement. Contractor shall not assign any individual to deliver goods or provide services pursuant to this Agreement if said individual appears on any of the listed registries. Contractor agrees that it will maintain all records and documents necessary to demonstrate that it has conducted a thorough check of the registries as to each contractual personnel, and agrees to provide such records and documents to the school system upon request. Contractor specifically acknowledges that the school system retains the right to audit these records to ensure compliance with this section at any time in the school system s sole discretion. Failure to comply with the terms of this provision shall be grounds for immediate termination of the Agreement. In addition, the Owner may conduct additional criminal records checks at the Owner s expense. If the school system exercises this right to conduct additional criminal records checks, Contractor agrees to provide within seven (7) days of request the full name, date of birth, state of residency for the past ten years, and any additional information requested by the school system for all contractual personnel who may deliver goods or perform services under this Agreement. Contractor further agrees that it has an ongoing obligation to provide the school system with the name of any new contractual personnel who may deliver goods or provide services under the Agreement. The Owner reserves the right to prohibit any contractual personnel of Contractor from delivering goods or providing services under this Agreement if the Owner determines, in its sole discretion, that such contractual personnel may pose a threat to the safety or well-being of students, school personnel or others. 7.6 Iran Divestment Act Certification. The Contractor certifies that as of the date of the Agreement between the Owner and Contractor, the Contractor is not listed on the Final Divestment List created by the North Carolina State Treasurer pursuant to NCGS 143-6A Applicable Durham Public Schools Board of Education Policies. The Contractor acknowledges that the Durham Public Schools Board of Education has adopted policies governing conduct on all property owned by the Owner and agrees to abide by any and all relevant board policies while on the Owner s property. The Contractor acknowledges that these policies are available online on the School System s website. In particular, the Contractor acknowledges that it has received copies of or has access to (via the Durham Public Schools website) and will abide by all applicable Durham Public Schools Board of Education policies, including but not limited to policies related to conduct on school property, weapons, drugs and alcohol, tobacco, and interactions with staff and students. IN WITNESS WHEREOF, Durham County, by and through its authorized agent the Durham Public Schools Board of Education (hereinbefore called the "Owner") has caused these presents to be signed by and through its authorized agent the Durham Public Schools Board of Education pursuant to the Interlocal Agreement between the Owner and the Durham Public Schools, and Brady Services, Inc. (hereinbefore called "Contractor") has caused these 5

112 NORTH CAROLINA DURHAM COUNTY presents to be signed by its President and its Corporate seal to be hereunto affixed, as hereinafter attested, all as of the day and year first above written. Durham County By and through its authorized agent the Durham Public Schools Board of Education Heidi Carter, Chair, Durham Public Schools Board of Education This instrument has been pre-audited in the manner required by the School Budget and Fiscal Control Act. Aaron Beaulieu, Chief Financial Officer, Durham Public Schools Endorsement: Executive Director Durham Public Schools Construction & Capital Planning This contract was approved by the Board on the 12th day of May, Brady Services, Inc. By: Name/Title: STATE OF NORTH CAROLINA COUNTY OF I, a Notary Public in and for the aforesaid County and State, do hereby certify that personally appeared before me this day and acknowledged that he/she is of., a (state of incorporation) corporation, duly authorized to do business in the state of North Carolina, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its, sealed with its corporate seal and attested by as its Corporate Secretary. Witness my hand and notarial seal this day of, Notary Public (SEAL/STAMP) My commission expires: 6

113 Operational Services & Policy Work Session PRECIS May 12, 2016 Agenda Item: Bids for Districtwide HVAC Controls Replacement - CMS Staff Liaison: Jon Long Phone: Main Points: Bond Funds provide for the replacement of the HVAC controls Districtwide. This work will improve efficiency and dependability of HVAC systems. Bids were received on April 21, 2016 from three (3) qualified bidders. The lowest responsive, responsible bidder is: CMS Controls Base Bid: $1,306, Raleigh, NC Alternates 1-4,7: $ 95, Total: $1,402, Administration submits this bid information and the proposed contract for discussion and subsequent approval. Fiscal Implications: This contract is within the project budget. Minority Business Enterprise participation is <1% and all required affidavits were submitted by the contractor. Purpose: Information XDiscussion Action Consent Reviewed by: Finance Attorney

114 BID TABULATIONS Districtwide Controls - PDC Bid Date: Thursday, April 21, 2016 Time: 1:30 PM Durham Public Schools BIDDING CONTRACTORS MWBE FORM LICENSE NUMBER BASE BID ALT #1 ALT #2 ALT #3 ALT #4 ALT #5 ALT #6 ALT #7 TOTAL BID 1 Brady, Morrisville, NC x M $1,884, $0.00 $288, $104, $0.00 $8, $16, $27, $2,328, *2 CMS Controls, Raleigh, NC x U $1,306, $0.00 $58, $27, $0.00 $2, $5, $9, $1,410, Engineered Control Solutions, Fuquay Varina, NC x U $1,761, $0.00 $109, $42, $0.00 $0.00 $4, $11, $1,929, * Apparent lowest responsible, responsive bidder Alternate 1- Provide building automation system controllers & JACE's by Distech Alternate 2- Provide valve replacement at Burton Elementary School Alternate 3- Provide valve replacement at Lakewood Elementary School Alternate 4- Provide valves and damper actuators by Belimo Alternate 5- Provide 18 month service agreement for the new JACE's Alternate 6- Provide 3 year service agreement for the new JACE's Alternate 7- Provide 5 year service agreement for the new JACE's I (We) hereby certify that this is a true and accurate tabulation of bids received this day, for the above project. Signed: Date: Durham Public Schools 2011 Hamlin Road Durham, NC (919) Fax: (919)

115 NORTH CAROLINA DURHAM COUNTY OWNER-CONTRACTOR AGREEMENT Durham County Durham Public Schools HVAC Controls Replacement THIS AGREEMENT, is made this 12th day of May in the year of 2016 by and between the Durham County, by and through its authorized agent the Durham Public Schools Board of Education (herein referred to as the "Owner"), whose mailing address for purposes of this agreement shall be, Construction & Capital Planning, 2011 Hamlin Road, Durham, North Carolina and CMS Controls SS/EID # (herein referred to as the "Contractor"), whose mailing address is 5410 Old Poole Road Raleigh, NC All correspondence, submittals, and notices relating to or required under this Contract shall be sent in writing to the above addresses; unless either party is notified in writing by the other, of a change in address. WITNESSETH: WHEREAS, it is the intent of the Owner to obtain the services of the Contractor in connection with the Scope of Work for Durham Public Schools HVAC Controls Replacement, Contract Documents titled: DPS HVAC CONTROLS REPLACEMENT PROJECT PDC PACKAGE 1: BURTON ELEM, CLUB ELEM, EASTWAY ELEM, LAKEWOOD ELEM, and CC SPAULDING ELEM. (DPS project , documents dated April 1, 2016) hereinafter referred to as the "Project" or the "Work"; and WHEREAS, the Contractor desires to perform such construction in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, in consideration of the promises made herein and other good and valuable consideration, the following terms and conditions are hereby mutually agreed to, by and between the Owner and Contractor: Article 1 DEFINITIONS 1.1 All terms in this Agreement which are defined in the Information for Bidders and the General Conditions shall have the meanings designated therein. 1.2 The Contract Documents are as defined in the General Conditions provided with the Information to Bidders. Such documents form the Contract, and all are as fully a part thereof as if attached to this Agreement or repeated herein. Article 2 STATEMENT OF THE WORK 2.1 The Contractor shall provide and pay for all materials, tools, equipment, labor and professional and non-professional services, and shall perform all other acts and supply all other things necessary, to fully and properly perform and complete the Work, as required by the Contract Documents. 2

116 NORTH CAROLINA DURHAM COUNTY 2.2 The Contractor shall further provide and pay for all related facilities described in any of the Contract Documents, including all work expressly specified therein and such additional work as may be reasonably inferred therefrom, saving and excepting only such items of work as are specifically stated in the Contract Documents not to be the obligation of the Contractor. The totality of the obligations imposed upon the contractor by this Article and by all other provisions of the Contract Documents, as well as the structures to be built and the labor to be performed, is herein referred to as the "Work". Article 3 DESIGN CONSULTANT 3.1 The Design Consultant (as defined in the General Conditions) is Progressive Design Collaborative Ltd., 3101 Poplarwood Court Suite 320 Raleigh, NC Article 4 TIME OF COMMENCEMENT AND COMPLETION 4.1 The Contractor shall commence the Work promptly upon the date established in the Notice to Proceed. If there is no Notice to Proceed, the date of commencement of the Work shall be the date of this Agreement or such other date as may be established herein. 4.2 Time is of the essence. The Contractor shall achieve Final Completion, as defined in the Specifications on or before the date established for Final Completion. 4.3 The Specifications contains certain specific dates that shall be adhered to and are the last acceptable dates unless modified in writing by mutual agreement between the Contractor and the Owner. All dates indicate midnight unless otherwise stipulated. 4.4 Should the Contractor fail to complete the Work on or before the dates stipulated for Substantial Completion and/or Final Completion (or such later date as may result from an extension of time granted by the Owner), he shall pay the Owner, as liquidated damages the sums set forth in the General Conditions. Article 5 CONTRACT SUM 5.1 Provided that the Contractor shall strictly and completely perform all of its obligations under the Contract Documents, and subject only to additions and deductions by Modification or as otherwise provided in the Contract Documents, the Owner shall pay to the Contractor, in current funds and at the time and in the installments hereinafter specified, the maximum sum of One Million Four Hundred Two Thousand Six Hundred Forty Seven Dollars ($1,402,647.00) herein referred to as the "Contract Sum". The Contract Sum includes the base bid work, including Bid Alternates 1, 2, 3, 4, and 7, as specified in the bid documents. Article 6 PROGRESS PAYMENTS 3

117 NORTH CAROLINA DURHAM COUNTY 6.1 The Contractor hereby agrees that on or about the First day of the month for every month during the performance of the Work he will deliver to the Owner's Project Manager an Application for Payment in accordance with the provisions of the General Conditions. This date may be changed upon mutual agreement, stated in writing, between the Owner and Contractor. Payment under this Contract shall be made as provided in the General Conditions. Article 7 OTHER REQUIREMENTS 7.1 The Contractor shall submit the Performance Bond, Labor and Material Payment Bond and Certification of Insurance as required by the Contract Documents. 7.2 The Owner shall furnish to the Contractor drawings and specifications as outlined in the General Conditions. Additional sets of drawings or specifications may be obtained by the Contractor by paying the Owner for the costs of reproduction, handling and mailing. 7.3 The Contractor will make a good faith effort to utilize Minority Business Enterprises (MBEs) per N.C. Gen. Stat as subcontractors in the performance of this contract. 7.4 Compliance with Applicable Laws. Contractor shall comply with all applicable laws and regulations in providing services under this Agreement. In particular, Contractor shall not employ any individuals to provide services to the Owner who are not authorized by federal law to work in the United States. Contractor represents and warrants that it is aware of and in compliance with the Immigration Reform and Control Act and North Carolina law (Article 2 of Chapter 64 of the North Carolina General Statutes) requiring use of the E-Verify system for employers who employ twenty-five (25) or more employees and that it is and will remain in compliance with these laws at all times while providing services pursuant to this Agreement. Contractor shall also ensure that any of its subcontractors (of any tier) will remain in compliance with these laws at all times while providing subcontracted services in connection with this Agreement. Contractor is responsible for providing affordable health care coverage to all of its full-time employees providing services to the School System. The definitions of affordable coverage and full-time employee are governed by the Affordable Care Act and accompanying IRS and Treasury Department regulations. 7.5 Lunsford Act / Criminal Background Checks. The Contractor shall conduct at its own expense sexual offender registry checks on each of its owners, employees, agents, or subcontractors ( contractual personnel ) who will engage in any service on or delivery of goods to school system property or at a school-system sponsored event, except checks shall not be required for individuals who are solely delivering or picking up equipment, materials, or supplies at: (1) the administrative office or loading dock of a school; (2) non-school sites; (3) schools closed for renovation; or (4) school construction sites.. The checks shall include at a minimum checks of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry ( the Registries ). For the Contractor s convenience only, all of the required registry checks may be completed at no cost by accessing the United States Department of Justice Sex Offender Public Website at www. nsopw.gov/. The Contractor shall provide certification that the registry 4

118 NORTH CAROLINA DURHAM COUNTY checks were conducted on each of its contractual personnel providing services or delivering goods under this Agreement prior to the commencement of such services or the delivery of such goods. The Contractor shall conduct a current initial check of the registries (a check done more than 30 days prior to the date of this Agreement shall not satisfy this contractual obligation). In addition, Contractor agrees to conduct the registry checks and provide a supplemental certification before any additional contractual personnel are used to deliver goods or provide services pursuant to this Agreement. Contractor further agrees to conduct annual registry checks of all contractual personnel and provide annual certifications at each anniversary date of this Agreement. Contractor shall not assign any individual to deliver goods or provide services pursuant to this Agreement if said individual appears on any of the listed registries. Contractor agrees that it will maintain all records and documents necessary to demonstrate that it has conducted a thorough check of the registries as to each contractual personnel, and agrees to provide such records and documents to the school system upon request. Contractor specifically acknowledges that the school system retains the right to audit these records to ensure compliance with this section at any time in the school system s sole discretion. Failure to comply with the terms of this provision shall be grounds for immediate termination of the Agreement. In addition, the Owner may conduct additional criminal records checks at the Owner s expense. If the school system exercises this right to conduct additional criminal records checks, Contractor agrees to provide within seven (7) days of request the full name, date of birth, state of residency for the past ten years, and any additional information requested by the school system for all contractual personnel who may deliver goods or perform services under this Agreement. Contractor further agrees that it has an ongoing obligation to provide the school system with the name of any new contractual personnel who may deliver goods or provide services under the Agreement. The Owner reserves the right to prohibit any contractual personnel of Contractor from delivering goods or providing services under this Agreement if the Owner determines, in its sole discretion, that such contractual personnel may pose a threat to the safety or well-being of students, school personnel or others. 7.6 Iran Divestment Act Certification. The Contractor certifies that as of the date of the Agreement between the Owner and Contractor, the Contractor is not listed on the Final Divestment List created by the North Carolina State Treasurer pursuant to NCGS 143-6A Applicable Durham Public Schools Board of Education Policies. The Contractor acknowledges that the Durham Public Schools Board of Education has adopted policies governing conduct on all property owned by the Owner and agrees to abide by any and all relevant board policies while on the Owner s property. The Contractor acknowledges that these policies are available online on the School System s website. In particular, the Contractor acknowledges that it has received copies of or has access to (via the Durham Public Schools website) and will abide by all applicable Durham Public Schools Board of Education policies, including but not limited to policies related to conduct on school property, weapons, drugs and alcohol, tobacco, and interactions with staff and students. IN WITNESS WHEREOF, Durham County, by and through its authorized agent the Durham Public Schools Board of Education (hereinbefore called the "Owner") has caused these presents to be signed by and through its authorized agent the Durham Public Schools Board of 5

119 NORTH CAROLINA DURHAM COUNTY Education pursuant to the Interlocal Agreement between the Owner and the Durham Public Schools, and CMS Controls (hereinbefore called "Contractor") has caused these presents to be signed by its President and its Corporate seal to be hereunto affixed, as hereinafter attested, all as of the day and year first above written. Durham County By and through its authorized agent the Durham Public Schools Board of Education Heidi Carter, Chair, Durham Public Schools Board of Education This instrument has been pre-audited in the manner required by the School Budget and Fiscal Control Act. Aaron Beaulieu, Chief Financial Officer, Durham Public Schools Endorsement: Executive Director Durham Public Schools Construction & Capital Planning This contract was approved by the Board on the 12th day of May, CMS Controls By: Name/Title: STATE OF NORTH CAROLINA COUNTY OF I, a Notary Public in and for the aforesaid County and State, do hereby certify that personally appeared before me this day and acknowledged that he/she is of., a (state of incorporation) corporation, duly authorized to do business in the state of North Carolina, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its, sealed with its corporate seal and attested by as its Corporate Secretary. Witness my hand and notarial seal this day of, Notary Public (SEAL/STAMP) My commission expires: 6

120 Operational Services & Policy Work Session PRECIS May 12, 2016 Agenda Item: Bids for Districtwide - HVAC Controls Replacement ECS Staff Liaison: Jon Long Phone: Main Points: Bond Funds provide for the replacement of the HVAC controls Districtwide. This work will improve efficiency and dependability of HVAC systems. Bids were received on April 21, 2016 from three (3) qualified bidders. The lowest responsive, responsible bidder is: Engineered Control Solutions (ECS) Base Bid: $1,585, Fuquay-Varina, NC Alt.1, 2, and 5: $ 11, Total: $1,596, Administration submits this bid information and the proposed contract for discussion and subsequent approval. Fiscal Implications: This contract is within the project budget. Minority Business Enterprise participation is 0% and all required affidavits were submitted by the contractor. Purpose: Information XDiscussion Action Consent Reviewed by: Finance Attorney

121 BID TABULATIONS Districtwide Controls - Dewberry Bid Date: Thursday, April 21, 2016 Time: 11:00 PM Durham Public Schools 1 Brady, Morrisville, NC X M $2,440, $0.00 $0.00 $0.00 $0.00 $0.00 $2,440, CMS Controls, Raleigh, NC X U $1,637, $0.00 $25, $2, $5, $9, $1,681, *3 Engineered Control Solutions, Fuquay-Varina, NC X U $1,585, $0.00 $0.00 $0.00 $4, $11, $1,601, BIDDING CONTRACTORS MWBE FORM LICENSE NUMBER BASE BID ALT #1 ALT #2 ALT #3 ALT #4 ALT #5 TOTAL BID * Apparent lowest responsible, responsive bidder Alternate 1- Provide building automation system controllers & JACE's by Distech Alternate 2- Provide valves and damper actuators by Belimo Alternate 3- Provide 18 month service agreement for the new JACE's Alternate 4- Provide 3 year service agreement for the new JACE's Alternate 5- Provide 5 year service agreement for the new JACE's I (We) hereby certify that this is a true and accurate tabulation of bids received this day, for the above project. Signed: Date: Durham Public Schools 2011 Hamlin Road Durham, NC (919) Fax: (919)

122 NORTH CAROLINA DURHAM COUNTY OWNER-CONTRACTOR AGREEMENT Durham County Durham Public Schools HVAC Controls Replacement THIS AGREEMENT, is made this 12th day of May in the year of 2016 by and between the Durham County, by and through its authorized agent the Durham Public Schools Board of Education (herein referred to as the "Owner"), whose mailing address for purposes of this agreement shall be, Construction & Capital Planning, 2011 Hamlin Road, Durham, North Carolina and Engineered Control Solutions, Inc. SS/EID # (herein referred to as the "Contractor"), whose mailing address is PO Box 1885 Fuquay-Varina, NC All correspondence, submittals, and notices relating to or required under this Contract shall be sent in writing to the above addresses; unless either party is notified in writing by the other, of a change in address. WITNESSETH: WHEREAS, it is the intent of the Owner to obtain the services of the Contractor in connection with the Scope of Work for Durham Public Schools HVAC Controls Replacement, Contract Documents titled: DPS HVAC CONTROLS REPLACEMENT FOR: BETHESDA ELEM., HILLANDALE ELEM., HOPE VALLEY ELEM., GLEN ELEM., & LITTLE RIVER ELEM. (DPS Project , documents dated April 1, 2016) hereinafter referred to as the "Project" or the "Work"; and WHEREAS, the Contractor desires to perform such construction in accordance with the terms and conditions of this Agreement, NOW, THEREFORE, in consideration of the promises made herein and other good and valuable consideration, the following terms and conditions are hereby mutually agreed to, by and between the Owner and Contractor: Article 1 DEFINITIONS 1.1 All terms in this Agreement which are defined in the Information for Bidders and the General Conditions shall have the meanings designated therein. 1.2 The Contract Documents are as defined in the General Conditions provided with the Information to Bidders. Such documents form the Contract, and all are as fully a part thereof as if attached to this Agreement or repeated herein. Article 2 STATEMENT OF THE WORK 2.1 The Contractor shall provide and pay for all materials, tools, equipment, labor and professional and non-professional services, and shall perform all other acts and supply all other things necessary, to fully and properly perform and complete the Work, as required by the Contract Documents. 2

123 NORTH CAROLINA DURHAM COUNTY 2.2 The Contractor shall further provide and pay for all related facilities described in any of the Contract Documents, including all work expressly specified therein and such additional work as may be reasonably inferred therefrom, saving and excepting only such items of work as are specifically stated in the Contract Documents not to be the obligation of the Contractor. The totality of the obligations imposed upon the contractor by this Article and by all other provisions of the Contract Documents, as well as the structures to be built and the labor to be performed, is herein referred to as the "Work". Article 3 DESIGN CONSULTANT 3.1 The Design Consultant (as defined in the General Conditions) is Dewberry Engineers Inc., 2610 Wycliff Road, Suite 410 Raleigh, NC Article 4 TIME OF COMMENCEMENT AND COMPLETION 4.1 The Contractor shall commence the Work promptly upon the date established in the Notice to Proceed. If there is no Notice to Proceed, the date of commencement of the Work shall be the date of this Agreement or such other date as may be established herein. 4.2 Time is of the essence. The Contractor shall achieve Final Completion, as defined in the Specifications on or before the date established for Final Completion. 4.3 The Specifications contains certain specific dates that shall be adhered to and are the last acceptable dates unless modified in writing by mutual agreement between the Contractor and the Owner. All dates indicate midnight unless otherwise stipulated. 4.4 Should the Contractor fail to complete the Work on or before the dates stipulated for Substantial Completion and/or Final Completion (or such later date as may result from an extension of time granted by the Owner), he shall pay the Owner, as liquidated damages the sums set forth in the General Conditions. Article 5 CONTRACT SUM 5.1 Provided that the Contractor shall strictly and completely perform all of its obligations under the Contract Documents, and subject only to additions and deductions by Modification or as otherwise provided in the Contract Documents, the Owner shall pay to the Contractor, in current funds and at the time and in the installments hereinafter specified, the maximum sum of One Million Five Hundred Ninety Six Thousand Three Hundred Thirty Nine Dollars ($1,596,339.00) herein referred to as the "Contract Sum". The Contract Sum includes the base bid work, including Bid Alternates 1, 2, and 5, as specified in the bidding documents. Article 6 PROGRESS PAYMENTS 3

124 NORTH CAROLINA DURHAM COUNTY 6.1 The Contractor hereby agrees that on or about the First day of the month for every month during the performance of the Work he will deliver to the Owner's Project Manager an Application for Payment in accordance with the provisions of the General Conditions. This date may be changed upon mutual agreement, stated in writing, between the Owner and Contractor. Payment under this Contract shall be made as provided in the General Conditions. Article 7 OTHER REQUIREMENTS 7.1 The Contractor shall submit the Performance Bond, Labor and Material Payment Bond and Certification of Insurance as required by the Contract Documents. 7.2 The Owner shall furnish to the Contractor drawings and specifications as outlined in the General Conditions. Additional sets of drawings or specifications may be obtained by the Contractor by paying the Owner for the costs of reproduction, handling and mailing. 7.3 The Contractor will make a good faith effort to utilize Minority Business Enterprises (MBEs) per N.C. Gen. Stat as subcontractors in the performance of this contract. 7.4 Compliance with Applicable Laws. Contractor shall comply with all applicable laws and regulations in providing services under this Agreement. In particular, Contractor shall not employ any individuals to provide services to the Owner who are not authorized by federal law to work in the United States. Contractor represents and warrants that it is aware of and in compliance with the Immigration Reform and Control Act and North Carolina law (Article 2 of Chapter 64 of the North Carolina General Statutes) requiring use of the E-Verify system for employers who employ twenty-five (25) or more employees and that it is and will remain in compliance with these laws at all times while providing services pursuant to this Agreement. Contractor shall also ensure that any of its subcontractors (of any tier) will remain in compliance with these laws at all times while providing subcontracted services in connection with this Agreement. Contractor is responsible for providing affordable health care coverage to all of its full-time employees providing services to the School System. The definitions of affordable coverage and full-time employee are governed by the Affordable Care Act and accompanying IRS and Treasury Department regulations. 7.5 Lunsford Act / Criminal Background Checks. The Contractor shall conduct at its own expense sexual offender registry checks on each of its owners, employees, agents, or subcontractors ( contractual personnel ) who will engage in any service on or delivery of goods to school system property or at a school-system sponsored event, except checks shall not be required for individuals who are solely delivering or picking up equipment, materials, or supplies at: (1) the administrative office or loading dock of a school; (2) non-school sites; (3) schools closed for renovation; or (4) school construction sites.. The checks shall include at a minimum checks of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry ( the Registries ). For the Contractor s convenience only, all of the required registry checks may be completed at no cost by accessing the United States Department of Justice Sex Offender Public Website at www. nsopw.gov/. The Contractor shall provide certification that the registry 4

125 NORTH CAROLINA DURHAM COUNTY checks were conducted on each of its contractual personnel providing services or delivering goods under this Agreement prior to the commencement of such services or the delivery of such goods. The Contractor shall conduct a current initial check of the registries (a check done more than 30 days prior to the date of this Agreement shall not satisfy this contractual obligation). In addition, Contractor agrees to conduct the registry checks and provide a supplemental certification before any additional contractual personnel are used to deliver goods or provide services pursuant to this Agreement. Contractor further agrees to conduct annual registry checks of all contractual personnel and provide annual certifications at each anniversary date of this Agreement. Contractor shall not assign any individual to deliver goods or provide services pursuant to this Agreement if said individual appears on any of the listed registries. Contractor agrees that it will maintain all records and documents necessary to demonstrate that it has conducted a thorough check of the registries as to each contractual personnel, and agrees to provide such records and documents to the school system upon request. Contractor specifically acknowledges that the school system retains the right to audit these records to ensure compliance with this section at any time in the school system s sole discretion. Failure to comply with the terms of this provision shall be grounds for immediate termination of the Agreement. In addition, the Owner may conduct additional criminal records checks at the Owner s expense. If the school system exercises this right to conduct additional criminal records checks, Contractor agrees to provide within seven (7) days of request the full name, date of birth, state of residency for the past ten years, and any additional information requested by the school system for all contractual personnel who may deliver goods or perform services under this Agreement. Contractor further agrees that it has an ongoing obligation to provide the school system with the name of any new contractual personnel who may deliver goods or provide services under the Agreement. The Owner reserves the right to prohibit any contractual personnel of Contractor from delivering goods or providing services under this Agreement if the Owner determines, in its sole discretion, that such contractual personnel may pose a threat to the safety or well-being of students, school personnel or others. 7.6 Iran Divestment Act Certification. The Contractor certifies that as of the date of the Agreement between the Owner and Contractor, the Contractor is not listed on the Final Divestment List created by the North Carolina State Treasurer pursuant to NCGS 143-6A Applicable Durham Public Schools Board of Education Policies. The Contractor acknowledges that the Durham Public Schools Board of Education has adopted policies governing conduct on all property owned by the Owner and agrees to abide by any and all relevant board policies while on the Owner s property. The Contractor acknowledges that these policies are available online on the School System s website. In particular, the Contractor acknowledges that it has received copies of or has access to (via the Durham Public Schools website) and will abide by all applicable Durham Public Schools Board of Education policies, including but not limited to policies related to conduct on school property, weapons, drugs and alcohol, tobacco, and interactions with staff and students. IN WITNESS WHEREOF, Durham County, by and through its authorized agent the Durham Public Schools Board of Education (hereinbefore called the "Owner") has caused these presents to be signed by and through its authorized agent the Durham Public Schools Board of 5

126 NORTH CAROLINA DURHAM COUNTY Education pursuant to the Interlocal Agreement between the Owner and the Durham Public Schools, and Engineered Control Solutions Inc. (hereinbefore called "Contractor") has caused these presents to be signed by its President and its Corporate seal to be hereunto affixed, as hereinafter attested, all as of the day and year first above written. Durham County By and through its authorized agent the Durham Public Schools Board of Education Heidi Carter, Chair, Durham Public Schools Board of Education This instrument has been pre-audited in the manner required by the School Budget and Fiscal Control Act. Aaron Beaulieu, Chief Financial Officer, Durham Public Schools Endorsement: Executive Director Durham Public Schools Construction & Capital Planning This contract was approved by the Board on the 12th day of May, Engineered Control Solutions, Inc. By: Name/Title: STATE OF NORTH CAROLINA COUNTY OF I, a Notary Public in and for the aforesaid County and State, do hereby certify that personally appeared before me this day and acknowledged that he/she is of., a (state of incorporation) corporation, duly authorized to do business in the state of North Carolina, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its, sealed with its corporate seal and attested by as its Corporate Secretary. Witness my hand and notarial seal this day of, Notary Public (SEAL/STAMP) My commission expires: 6

127 Operational Services & Policy Work Session PRECIS May 12, 2016 Agenda Item: Proposals for Controls Commissioning Services- MBP Staff Liaison: Jon Long Phone: Main Points: Funds from the 2007 Bond provide for Commissioning Services for the HVAC Controls Replacement Projects. The firms selected will provide testing, verification, and documentation for the systems installed. Two qualified commissioning firms were selected through a publicly advertised Request for Qualifications issued March of MBP is one of the firms selected for the commissioning work. A contract of $92, has been negotiated with this firm and is recommended for its portion of the work. Administration submits this contract for discussion and subsequent approval. Fiscal Implications: This contract is within the project budget. Minority Business Enterprise participation is 0% and all required affidavits were submitted by the contractor. Purpose: Information XDiscussion Action Consent Reviewed by: Finance Attorney

128 NORTH CAROLINA DURHAM COUNTY CONSULTANT CONTRACT FOR CONTROLS COMMISSIONING SERVICES THIS CONTRACT is made, and entered into this the 12 day of May 2016, by and between the COUNTY of DURHAM, a political subdivision of the State of North Carolina, (hereinafter referred to as COUNTY ), and MBP, a corporation duly authorized to do business in the state of North Carolina, (hereinafter referred to as CONSULTANT ). For and in consideration of mutual promises to each as herein after set forth, the parties hereto do mutually agree as follows: 1. SCOPE OF SERVICES. CONSULTANT hereby agrees to provide Controls Commissioning Services under this contract pursuant to the provisions identified in the Contract Documents for the Phase I, titled: DPS HVAC CONTROLS REPLACEMENT FOR: BETHESDA ELEM., HILLANDALE ELEM., HOPE VALLEY ELEM., GLEN ELEM., & LITTLE RIVER ELEM. by Dewberry Engineers, Inc., dated April 1, 2016 and is hereby incorporated herein and made a part of this contract. The proposal by MBP dated April 22, 2016 is also hereby incorporated by attachment hereinafter referred to as Attachment 1. MBP agrees to allow the COUNTY to award additional work via pricing outlined in the proposal ala cart based on the COUNTY S future awards for construction in later bid phases. Time is of the essence with respect to all provisions of this contract that specify a time for performance. The COUNTY will perform on-going contract monitoring to ensure that the terms of this contract are complied with. CONSULTANT agrees to cooperate with the COUNTY in its monitoring process and provide documentation and/or information requested during the term of this Agreement for the purpose of monitoring the services provided by CONSULTANT. 2. TERM OF CONTRACT. The Term of this contract for services is from May 12, 2016 to December 31, 2016 unless sooner terminated as provided herein. 3. PAYMENT TO CONSULTANT. CONSULTANT shall receive from COUNTY an amount not to exceed Ninety Two Thousand Six Hundred Dollars ($92,600.00) as full compensation for the provision of Services. COUNTY agrees to pay CONSULTANT at the rates specified for Services performed to the satisfaction of the COUNTY, in accordance with this contract, and Attachment 1. Unless otherwise specified, CONSULTANT shall submit an itemized invoice to COUNTY by the end of the month during which Services are performed. A Funds Reservation number may be assigned to encumber the funds associated with this contract and must appear on all invoices and correspondence mailed to Purchaser. Payment will be processed promptly upon receipt and approval of the invoice by COUNTY. 4. INDEPENDENT CONSULTANT. COUNTY and CONSULTANT agree that CONSULTANT is an independent CONSULTANT and shall not represent itself as an agent or employee of COUNTY for any purpose in the performance of CONSULTANT s duties under this Contract. Accordingly, CONSULTANT shall be responsible for payment of all federal, state and local taxes as well as business license fees arising out of CONSULTANT s activities in accordance with this Contract. For purposes of this contract taxes shall include, but not be limited to, Federal and State Income, Social Security and Unemployment Insurance taxes. CONSULTANT, as an independent CONSULTANT, shall perform the Services required hereunder in a professional manner and in accordance with the standards of applicable professional organizations and licensing agencies.

129 5. OWNERSHIP OF WORK. All Work and any documents prepared by the CONSULTANT for or on account of this contract shall be the owned by the COUNTY, and the COUNTY shall have all common law, statutory and other reserved rights, including copyright. Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the project is not to be construed as publication in derogation of the COUNTY s reserved rights. 6. INSURANCE AND INDEMNITY. To the fullest extent permitted by laws and regulations, CONSULTANT shall indemnify and hold harmless the COUNTY and its officials, agents, and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including but not limited to fees and charges of engineers or architects, attorneys, and other professionals and costs related to court action or mediation) arising out of or resulting from CONSULTANT s performance of this Contract or the actions of the CONSULTANT or its officials, employees, or CONSULTANTs under this Contract or under contracts entered into by the CONSULTANT in connection with this Contract. This indemnification shall survive the termination of this Contract. In addition, CONSULTANT shall comply with the North Carolina Workers Compensation Act and shall provide for the payment of workers compensation to its employees in the manner and to the extent required by such Act. Additionally, CONSULTANT shall maintain, at its expense, the following minimum insurance coverage: Insurance Description: Minimum Required Coverage: a. Workers' Compensation Statutory b. Public Liability Combined Limit Bodily Injury: Each Person $ 1,000, Bodily Injury: Each Accident $ 1,000, Property Damage: Each Accident $ 1,000, c. Automobile Liability & Property Damage Combined Limit Bodily Injury: Each Person $ 1,000, Bodily Injury: Each Accident $ 1,000, Property Damage: Each Accident $ 1,000, d. Professional Liability: $ 1,000, CONSULTANT, upon execution of this Contract, shall furnish to the COUNTY a Certificate of Insurance reflecting the minimum limits stated above. The Certificate shall provide for thirty-(30) days advance written notice in the event of a decrease, termination or cancellation of coverage. Providing and maintaining adequate insurance coverage is a material obligation of the CONSULTANT. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The limits of coverage under each insurance policy maintained by the CONSULTANT shall not be interpreted as limiting the CONSULTANT s liability and obligations under the Contract. Notwithstanding the foregoing, Page 2 of 7

130 nothing contained in this section 5 shall be deemed to constitute a waiver of the sovereign immunity of the COUNTY, which immunity is hereby reserved to the COUNTY. 7. HEALTH AND SAFETY. CONSULTANT shall be responsible for initiating, maintaining and supervising all safety precautions and programs required by OSHA and all other regulatory agencies while providing Services under this Contract. 8. NON-DISCRIMINATION IN EMPLOYMENT. CONSULTANT shall not discriminate against any employee or applicant for employment because of age, sex, race, creed, national origin, or disability. CONSULTANT shall take affirmative action to ensure that qualified applicants are employed and that employees are treated fairly and legally during employment with regard to their age, sex, race, creed, national origin, or disability. In the event CONSULTANT is determined by the final order of an appropriate agency or court to be in violation of any non-discrimination provision of federal, state or local law or this provision, this Contract may be canceled, terminated or suspended in whole or in part by COUNTY, and CONSULTANT may be declared ineligible for further COUNTY contracts. 9. GOVERNING LAW. This Contract shall be governed by and in accordance with the laws of the State of North Carolina. All actions relating in any way to this Contract shall be brought in the General Court of Justice in the County of Durham and the State of North Carolina. 10. TERMINATION EVENT OF DEFAULT. Any one or more of the following acts or omissions of the CONSULTANT shall constitute an Event of Default hereunder: a. Failure to perform the Services satisfactorily or on schedule, b. Failure to submit any report required hereunder; and/or c. Failure to perform any other covenant, term, or condition of this Agreement. Upon the occurrence of an Event of Default, the County may take one or more or all of the following actions: 1. Give CONSULTANT written Notice of the Event of Default, specifying the Event of Default and requiring it to be remedied within, in the absence of greater or lesser specification of time, seven (7) calendar days from the date of the notice; and if the Event of Default is not timely remedied, terminate the agreement, effective two (2) days after giving the CONSULTANT written Notice of Termination; and/or 2. Deduct any and all expenses incurred by the County for damages caused by the CONSULTANT s Event of Default; and/or 3. Treat the agreement as breached and pursue any of its remedies at law or in equity, or both, including damages and specific performance TERMINATION FOR CONVENIENCE. This Contract may be terminated, without cause, by either party upon thirty (30) days written notice to the other party. This termination notice period shall begin upon receipt of the Notice of Termination. Termination of this Contract, under either section 10.1 or 10.2, shall not form the basis of any claim for loss of anticipated profits by either party. Page 3 of 7

131 11. SUCCESSORS AND ASSIGNS. CONSULTANT shall not assign its interest in this Contract without the written consent of COUNTY. CONSULTANT has no authority to enter into contracts on behalf of COUNTY. 12. COMPLIANCE WITH LAWS. CONSULTANT represents that it is in compliance with all Federal, State, and local laws, regulations or orders, as amended or supplemented. The implementation of this Contract shall be carried out in strict compliance with all Federal, State, or local laws. 13. NOTICES. All notices which may be required by this contract or any rule of law shall be effective when received by certified mail sent to the following addresses: COUNTY OF DURHAM MBP Durham Public Schools ATTN: Kevin Day Construction & Capital Planning 3200 Beechleaf Court 2011 Hamlin Road Suite 910 Durham, North Carolina Raleigh, North Carolina AUDIT RIGHTS. For all Services being provided hereunder, COUNTY shall have the right to inspect, examine, and make copies of any and all books, accounts, invoices, records and other writings relating to the performance of the Services. Audits shall take place at times and locations mutually agreed upon by both parties. Notwithstanding the foregoing, CONSULTANT must make the materials to be audited available within one (1) week of the request for them. 15. COUNTY NOT RESPONSIBLE FOR EXPENSES. COUNTY shall not be liable to CONSULTANT for any expenses paid or incurred by CONSULTANT, unless otherwise agreed in writing. 16. EQUIPMENT. CONSULTANT shall supply, at its sole expense, all equipment, tools, materials, and/or supplies required to provide Services hereunder, unless otherwise agreed in writing. 17. ENTIRE CONTRACT. This contract, including Attachment 1, shall constitute the entire understanding between COUNTY and CONSULTANT and shall supersede all prior understandings and agreements relating to the subject matter hereof and may be amended only by written mutual agreement of the parties. 18. HEADINGS. The subject headings of the sections are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. This contract shall be deemed to have been drafted by both parties and no interpretation shall be made to the contrary. 19. EXISTENCE. CONSULTANT warrants that it is a corporation duly organized, validly existing, and in good standing under the laws of the State of North Carolina and is duly qualified to do business in the State of North Carolina and has full power and authority to enter into and fulfill all the terms and conditions of this contract. Page 4 of 7

132 20. CORPORATE AUTHORITY. By execution hereof, the person signing for CONSULTANT below certifies that he/she has read this contract and that he/she is duly authorized to execute this contract on behalf of the CONSULTANT. 21. E-VERIFY. As a condition of payment for services rendered under this agreement, CONSULTANT shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if CONSULTANT provides the services to the County utilizing a sub CONSULTANT, CONSULTANT shall require the sub CONSULTANT to comply with the requirements of Article 2 of Chapter 64 of the General Statutes as well. CONSULTANT shall verify, by affidavit, compliance of the terms of this section upon request by the COUNTY. 22. LUNSFORD ACT / CRIMINAL BACKGROUND CHECKS. CONSULTANT acknowledges that G.S prohibits anyone required to register as a sex offender under Article 27A of Chapter 14 of the General Statutes from knowingly being on the premises of any school. CONSULTANT shall conduct or arrange to have conducted, at its own expense, sexual offender registry checks on each of its owners, employees, agents and subcontractors ( contractual personnel ) who will engage in any service on or delivery of goods to School System property or at a School System sponsored event, except checks shall not be required for individuals who are solely delivering or picking up equipment, materials, or supplies at: (1) the administrative office or loading dock of a school; (2) nonschool sites; (3) schools closed for renovation; or (4) school construction sites. The checks shall include at a minimum checks of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry ( the Registries ). For CONSULTANT s convenience only, all of the required registry checks may be completed at no cost by accessing the United States Department of Justice Sex Offender Public Website at CONSULTANT shall provide certification on the Owner s Sexual Offender Registry Check Certification Form that the registry checks were conducted on each of its contractual personnel providing services or delivering goods under this Contract prior to the commencement of such services or the delivery of such goods. CONSULTANT shall conduct a current initial check of the registries (a check done more than 30 days prior to the date of this Contract shall not satisfy this contractual obligation). In addition, CONSULTANT agrees to conduct the registry checks and provide a supplemental certification form before any additional contractual personnel are used to deliver goods or provide services pursuant to this Contract. CONSULTANT further agrees to conduct annual registry checks of all contractual personnel and provide annual certifications at each anniversary date of this Contract. CONSULTANT shall not assign any individual to deliver goods or provide services pursuant to this Contract if said individual appears on any of the listed registries. CONSULTANT agrees that it will maintain all records and documents necessary to demonstrate that it has conducted a thorough check of the registries as to each contractual personnel, and agrees to provide such records and documents to the School System upon request. CONSULTANT specifically acknowledges that the School System retains the right to audit these records to ensure compliance with this section at any time in the School System s sole discretion. Failure to comply with the terms of this provision shall be deemed a material breach of the Contract. In addition, the School System may conduct additional criminal records checks at the School System s expense. If the School System exercises this right to conduct additional criminal records checks, CONSULTANT agrees to provide within seven (7) days of request the full name, date of birth, state of residency for the past ten years, and any additional information requested by the School System for all contractual personnel who may deliver goods or perform services under this Contract. CONSULTANT Page 5 of 7

133 further agrees that it has an ongoing obligation to provide the School System with the name of any new contractual personnel who may deliver goods or provide services under the Contract. The School System reserves the right to prohibit any contractual personnel of CONSULTANT from delivering goods or providing services under this Contract if the School System determines, in its sole discretion, that such contractual personnel may pose a threat to the safety or well-being of students, school personnel or others. 23. APPLICABLE DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION POLICIES. CONSULTANT acknowledges that the Durham Public Schools Board of Education has adopted policies governing conduct on all property owned by the Owner and agrees to abide by any and all relevant board policies while on the Owner s property. CONSULTANT acknowledges that these policies are available online on the School System s website. In particular, CONSULTANT acknowledges that it has received copies of or has access to (via the Durham Public Schools website) and will abide by all applicable Durham Public Schools Board of Education policies, including but not limited to policies related to conduct on school property, weapons, drugs and alcohol, tobacco, and interactions with staff and students. 24. ENTIRE AND INTEGRATED AGREEMENT. This Agreement and its Exhibit(s) represent the entire and integrated agreement between the Owner and the CONSULTANT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and CONSULTANT. IN WITNESS WHEREOF, Durham County, (hereinbefore called the "Owner") has caused these presents to be signed by and through its authorized agent the Durham Public Schools Board of Education pursuant to the Interlocal Agreement between COUNTY and Durham Public Schools, and MBP, (hereinbefore called " CONSULTANT ") has caused these presents to be signed by its Principal and its Corporate seal to be hereunto affixed, as hereinafter attested, all as of the day and year first above written. Durham County By and through its authorized agent the Durham Public Schools Board of Education Heidi Carter, Chair, Durham Public Schools Board of Education This instrument has been pre-audited in the manner required by the School Budget and Fiscal Control Act. Aaron J. Beaulieu, Chief Financial Officer, Durham Public Schools Endorsement: Exeutive Director Durham Public Schools Construction & Capital Planning Page 6 of 7

134 MBP By: Name/Title: STATE OF NORTH CAROLINA COUNTY OF DURHAM I, a Notary Public in and for the aforesaid County and State, do hereby certify that personally appeared before me this day and acknowledged that he/she is of., a (state of incorporation) corporation, duly authorized to do business in the state of North Carolina, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its, sealed with its corporate seal and attested by as its Corporate Secretary. Witness my hand and notarial seal this day of, Notary Public (SEAL/STAMP) My commission expires: Page 7 of 7

135 Operational Services & Policy Work Session PRECIS May 12, 2016 Agenda Item: Lowes Grove Middle Bids for Athletic Field Improvements Staff Liaison: Jon Long Phone: Main Points: Bond funds provide for Athletic Field Improvements at Lowes Grove Elementary School. The age and the condition of the fields make renovation necessary. Insufficient bids were received at the scheduled 4/26 bid opening. The project will rebid prior to the May 12 Work Session and an update to this Precis is expected at that time. Contractor TBD Base Bid: $ 0.00 Location TBD No Alternates: $ 0.00 Total: $ 0.00 Administration submits this bid information and the proposed contract for discussion and subsequent approval. Fiscal Implications: This contract is within the project budget. Minority Business Enterprise participation is TBD% and all required affidavits were submitted by the contractor. Purpose: Information XDiscussion Action Consent Reviewed by: Finance Attorney

136 Operational Services & Policy Work Session PRECIS May 12, 2016 Agenda Item: Oak Grove Elementary- Bids for HVAC Upgrades Staff Liaison: Jon Long Phone: Main Points: Bond funds provide HVAC Upgrades at Oak Grove Elementary School. The age and the condition of the equipment make replacement necessary. Insufficient bids were received at the scheduled 4/26 bid opening. The project will rebid prior to the May 12 Work Session and an update to this precis is expected at that time. Contractor TBD Base Bid: $ 0.00 Location TBD No Alternates: $ 0.00 Total: $ 0.00 Administration submits this bid information and the proposed contract for discussion and subsequent approval. Fiscal Implications: This contract is within the project budget. Minority Business Enterprise participation is TBD% and all required affidavits were submitted by the contractor. Purpose: Information XDiscussion Action Consent Reviewed by: Finance Attorney

137 Operational Services & Policy Work Session PRECIS May 12, 2016 Agenda Item: Hillside High School -Temporary Construction Easement Staff Liaison: Hugh Osteen Phone: Main Points: M.M. Fowler, a developer, is required by the City and NCDOT to complete minor road improvements at Fayetteville Street by Hillside High School. Durham Public Schools previously approved a temporary construction easement to the City in However, the City cannot grant the developer permission on behalf of Durham Public Schools. Counsel has advised that the board must approve permission as a matter of real property. Administration submits this recommendation to grant permission to M.M. Fowler, Inc. to work within the same easement granted to the City. Fiscal Implications: N/A Purpose: Information Discussion Action Consent Reviewed by: Finance Attorney

138 Operational Services & Policy Work Session PRECIS May 12, 2016 Agenda Item: Parkwood Elementary Stormwater Easement Staff Liaison: Jon Long Phone: Main Points: The City of Durham Public Works Department (Stormwater Division) requires a dedicated Stormwater Control Measures (SCM) easement (0.62 acres) on the Parkwood Elementary School site. The easement establishes permanent access to and around the stormwater pond for maintenance purposes. The purpose of the pond is to capture, treat, and slow the release of stormwater runoff from the school site. The attached plat indicates the proposed easement, extending from the Clermont Road right-of-way over to the stormwater pond location near the bus lot. Much of the easement follows the route of the paved bus drive and a portion of the fire lane. Administration submits this proposed easement for discussion and subsequent approval. Fiscal Implications: None Purpose: Information X Discussion Action Consent Reviewed by: Finance Attorney

139 NORTH VICINITY MAP, NTS

140 Operational Services & Policy Work Session Precis May 12, 2016 Agenda Item: Hope Valley Elementary Duke Energy Easement Staff Liaison: Hugh Osteen Phone: Main Points: Duke Energy requires a small easement to accommodate a power line and pole where the city is putting in sidewalk at Hope Valley Elementary School. Administration submits this exception for discussion and subsequent Approval. Fiscal Implications: N/A Purpose: Information Discussion Action Consent Reviewed by: Finance Attorney

141