|The School Board of Miami-Dade County|
|Bylaws & Policies|
|Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the Bylaws and Policies of the Miami-Dade County Public Schools were adopted on May 11, 2011 and were in effect beginning July 1, 2011.|
6540 - APPROVAL BY SCHOOL BOARD ATTORNEY
All contracts to which the Board is a party shall be submitted to the Board Attorney for drafting or approval as to form and to determine if such contracts meet all relevant and applicable legal requirements as to form and legal sufficiency.
Legal review shall address the following minimum requirements:
|A.||compliance with applicable Florida laws and Board rules;|
|B.||protection and/or retention of Board’s rights to real, personal, or intellectual property;|
|C.||specifying that venue, should the contract result in litigation, will be in Miami-Dade County, Florida;|
|D.||stipulate that contract will be governed by and interpreted under Florida law;|
|E.||limiting the Board’s exposure to liability and ensuring that the Board’s immunity as afforded by F.S. 768.28, is not waived;|
|F.||compliance with Florida’s Public Records Act, including maintaining the confidentiality of records exempted by law from public disclosure; and|
|G.||that if the performance of a contract is dependent, in whole or in part, on the award of a grant, the contingency must be referenced in the contract.|
If the terms of a contract fail to meet legal sufficiency in general terms, or with respect to the minimum terms specified above, the contract shall not be approved unless the absence of those terms from the written contract is approved by the Superintendent for contracts totaling $100,000 or less. Nothing in this provision is intended to abrogate the Board’s sole authority to approve contracts that exceed the established threshold amount in Board policies.
Any requested amendments, modifications, or addenda, to existing contracts must also be submitted to the Board Attorney for review and approval as to form and legal sufficiency. Whenever possible, standardized form contracts that have been approved by the Board Attorney shall be employed. Once a contract has been approved as a standard form contract, any future modification must be presented to the Board Attorney for approval.
In addition, where a recommendation is submitted to the Board seeking the authorization of the Board to negotiate and to subsequently formalize a contract, the agenda item seeking such authority should, at a minimum, provide the essential terms of the contract, including, but not limited to the following: (1) the scope of services to be provided; (2) the maximum monetary value or expenditures permitted; (3) the date services are anticipated to commence and the anticipated date of the end of such services; (4) any terms regarding the Board’s option to renew or to extend the contract for an additional contract period; and (5) any significant terms that are unique/peculiar to the contract. If the proposed written contract is materially inconsistent with the terms authorized by Board action, the contract shall not be approved.