HomeMy WebLinkAboutCC Exhibit 1 to Inter-Local AgreementExhibit 1
Miami -Dade County School Board Rule 6Gx13m 2C®1eO83
42
6Gx13- 2
Ad r inistrative Operations
EDUCATIONAL FACILITIES PLANNING, SITE SELECTION AND ACQUISITION,
AND CONSTRUCTION
intent --The intent of the School Board is:
A. To establish a broad -based, external educational facilities committee,
to be called School Site Planning and Construction (SSPC)
Committee, to advise the School Board on the implementation of the
District's adopted five-year work program, and to make independent
recommendations to the School Board and the Superintendent of
Schools, which promote internal accountability and facilitate efficient
and effective delivery of public educational facilities throughout Miami -
Dade County.
To establish an internal, interdisciplinary staff committee, to be called
Technical Review (TR) Committee to provide staff coordination,
accountability and oversight of the formulation and implementation of
the District's adopted educational facilities plan.
C. To establish policies, procedures and assign responsibilities for the
planning, site selection and acquisition and construction of educational
facilities that will provide for public educational plant needs throughout
Miami -Dade County in accordance with School Board policy and State
law as set forth in Chapter 1013, Florida Statutes (F.S.).
D. To ensure that all priority educational facility projects are included in
the District's adopted educational facilities plan as provided in Section
1013.35, F.S. and that any changes to the adopted educational
facilities plan are supported by identified needs and priorities and
approved by the School Board.
E. To integrate the District's planning, site selection and acquisition and
construction functions so that educational facilities are available on a
timely and cost-effective basis in accordance with the District's
adopted educational facilities plan.
F. To establish policies and procedures for land acquisition in
accordance with Chapter 1013, Florida Statutes.
G. To establish effective procedures for obtaining appraisals pursuant to
Section 253.025, Florida Statutes, and for reviewing said appraisals.
6Gx13- 2C-1,0833
To establish procedures and assign responsibilities to provide full
information to the School Board on ail recommended land purchases
including the estimated cost of any work that must be performed on an
unimproved site to make it usable for the desired purpose, appraisals
of market value obtained in connection with the proposed acquisition,
and any other material information.
Il, School Site Planning and Construction Committee
A. Establishment -- The School Board shall establish as a standing,
external committee, an educational facilities committee, to be called
the School Site Planning and Construction (SSPC) Committee, which
shall include parents, business community representatives,
construction, appraisal and real estate professionals and other
community stakeholders, which shall serve in an advisory capacity
and report directly to the School Board.
B. Purpose -- The purpose of the SSPC Committee shall be as follows:
1. To advise the School Board on the formulation, priorities and
implementation of the District's adopted five-year work program
for educational plants and other related matters;
2. To make recommendations to the School Board on site
acquisitions, including alternatives, if any; and,
3. To make independent recommendations to the School Board
and to the Superintendent of Schools which promote internal
accountability and facilitate more efficient and effective delivery
by the District of public educational facilities throughout Miami -
Dade County.
C. Responsibilities -- The responsibilities of the SSPC Committee shall
be as follows:
Provide input, priorities and monitor the formulation,
amendment and implementation of the District's educational
facilities plan and other long-range plans as prescribed by
Section 1013.35, F.S.;
2. Provide input and monitor the District's educational plant
survey as prescribed by Section 1013.31, F.S.;
3. Provide input, monitor and make recommendations including
priorities, to the School Board on the District's annual capital
outlay budget, as prescribed by Section 1013.61, ES.;
6Gx13- 2C -1.083
Provide input, monitor and make recommendations to the
School Board on the District's site facilities planning, site
selection and acquisition, and construction programs and
alternatives, to ensure they are cost-effective and timely;
Review and transmit reports to the School Board, which
provide recommendation(s) on site acquisitions, and contain all
relevant site analysis and supporting documentation for the
School Board's review and final action;
6. Review quarterly and forward to the School Board, status
reports on site selection and acquisition activities;
7 Evaluate annually and provide to the School Board a year-end
report on the progress of site acquisition activities and facility
planning and construction programs, and where appropriate
provide recommendations for improved accountability,
efficiency and cost-effectiveness;
8. Provide such other advice or input as may become necessary
to ensure compliance with applicable state statutes and the
adopted educational facilities plan, and respond in writing to
requests from the School Board or the Superintendent of
Schools.
9. Review potential sites for new schools, as well as proposals for
significant renovation, location of relocatables or additions to
existing buildings, and potential closure of existing schools, and
make recommendations on these and all other issues within its
purview under this Rule for consideration by School Board
staff. As part of its deliberations, the SSPC Committee shall
ensure that the affected local governments, as defined under
the Interlocal Agreement for Public School Facility Planning in
Miami -Dade County, and any Supplemental Agreements
hereto, are afforded an opportunity to provide comments and
shall consider those comments in its deliberations.
10. Host a planning forum on an annual basis or more often as
may be needed, to review the School Board's acquisition
schedule and all other relevant issues stipulated under that
certain Interlocal Agreement that was entered into by the
School Board, Miami -Dade County, and all non-exempt local
governments, in accordance with Section 1013.33, Florida
Statutes. The SSPC Committee shall invite a representative
from each of the impacted units of government to participate in
the proceedings and to provide input and comments for
6Gx13- 2C_1.083
consideration by the SSPC Committee in its deliberations. The
forum will review the School Board's acquisition schedule and
ail other relevant issues required by statute, and will include
appropriate staff members of the School Board, at least one
staff member of the County, and a representative from each of
the affected non-exempt local governments. Based on
information gathered during the review, the SSPC Committee
will submit recommendations to the Superintendent or
designee.
11. Assign one member to the Historic Schools Working Group
(Working Group) to provide a communications link between the
Working Group and the Committee. The SSPC will review
planning strategies and funding initiatives of the Working
Group for coordination with other district planning and budget
documents as provided, and will receive an annual planning
and progress report from the Working Group for transmittal to
the School Board.
D. Membership -- The SSPC Committee shall be composed of the
following voting members:
A business community representative appointed by the Board
of Trustees of the Greater Miami Chamber of Commerce;
The president of the Dade County PTAIPTSA, or designee;
The chair of the Diversity, Equity and Excellence Advisory
Committee (DEEAC) or designee;
The chair of the Attendance Boundary Committee, or designee;
A real estate appraiser appointed by the Florida Real Estate
Appraisal Board and practicing in Miami -Dade County;
Two real estate experts, one of whom is appointed by the
Realtor Association of Greater Miami and the Beaches,
Commercial Section, and one appointed by the Realtor
Association of Miami -Dade County. One appointee shall
represent the commercial real estate market and one
appointee shall represent the residential real estate market;
A registered surveyor, architect or engineer appointed by the
Chair of the School Board;
A School Board Member appointed on an annual basis by the
Chair of the School Board;
6Ox13- 2C-1.083
A Miami -Dade County representative selected by the County
Manager or designee;
A representative selected by the Miami -Dade County League
of Cities;
A floating member designated by the City Manager of the most
impacted municipality to which an SSPC agenda item relates,
or if it concerns an unincorporated area of Miami -Dade County,
this floating member shall be from the geographically nearest
municipality most impacted by the agenda item;
A member of the residential construction industry appointed by
the Builders Association of South Florida.
A member of the residential construction industry appointed by
the Latin Builders Association.
E. Operation The SSPC Committee shall operate as follows:
a. Term of appointments and special conditions: Effective April 7,
2004, the term for fifty percent (50%) of the appointees of the
SSPC Committee shall be three (3) years, and fifty percent
(50%) of the appointees of the SSPC Committee shall be two
(2) years; the Chair shall delegate which appointees shall serve
two (2) year terms and three (3) year terms. Effective April 7,
2006, and thereafter, the term for all appointments and
reappointments shall be two (2) years. Prior to the expiration
of each appointment, the respective appointing entity shall be
requested to make an appointment or reappointment;
b. Quorum and Committee Chair: A quorum shall consist of a
majority of the membership. The SSPC Committee shall elect
a Chair and Vice -Chair every year;
c. Meetings: Meetings shall be held regularly on a monthly basis,
unless there is no business to be conducted. Meetings shall
be conducted as prescribed in Section 286.011, F.S., and shall
be advertised at least five working days prior to the regularly
scheduled meeting date. A notice of the meeting shall be
posted at the Citizen Information Center. The meetings shall
be recorded and summary minutes distributed with the
subsequent meeting's agenda packet;
d. Staff Support: The Administrative Director, Facilities Planning,
and the Executive Director, Facilities Planning, shall provide
primary staff support to the SSPC Committee, including
preparation of agenda packets and meeting minutes, analytical
6Gx13- 2C-1.083
reports and supporting documentation. The Office of the
School Board Attorney shall provide legal support to the SSPC
Committee. The SSPC Committee may from time to time, as
required, request support from other District personnel;
e. Code of Ethics: The SSPC Committee is an advisory body to
the School Board. As such, as provided by E.S. 112.313(1),
the members of the SSPC Committee are subject to the
provisions of the Code of Ethics for Public Officers and
Employees, set forth in Chapter 112, Part III of the Florida
Statutes.
f Lobbyists: Any and all lobbyists, as defined in School Board
Rule 6Gx13- 8C-1.21, present at an SSPC Committee
meeting, who wish to speak on an item being considered by
the SSPC Committee, shall first execute and file the required
form with the School Board Clerk's Office. A copy of the
executed form shall be made part of the official record for the
SSPC Committee meeting at which the lobbyists are present,
and shall be attached to the minutes of the meeting.
g•
Lobbying; In the event that a SSPC Committee member is
contacted directly by a lobbyist in connection with any matter
that may foreseeably come before the Committee for action,
the Committee member shall orally disclose such contact at the
meeting in which the matter is up for consideration, and file a
memorandum of voting conflict, if applicable, as may be
required by in the State Code of Ethics for Public Officers and
Employees.
III. Technical Review Committee
A. Establishment -- The School Board shall establish the Technical
Review (TR) Committee, which shall be comprised of District staff
members and which shall serve in an advisory capacity and report
directly to the Superintendent of Schools.
B. Purpose -- The purpose of the TR Committee shall be to provide staff
coordination, accountability and oversight of the formulation and
implementation of the District's adopted educational facilities plan.
C. Responsibilities -- The responsibilities of the TR Committee shall be
as follows;
1. To formulate and recommend to the Superintendent of Schools
and to the SSPC Committee a tentative District facilities
educational facilities plan, as provided in Section 1013.35, F.S.;
6Gx1 3- 2C-1.083
2, To review and provide oversight of the annual capital outlay
budget report, to include: expenditures, encumbrances and
balances by fund, and a mid -year budget evaluation of project
status of all funded and unfunded projects, against the
approved budget and the undistributed capital contingency, for
possible recommendation for Board action to amend the
budget and educational facilities plan;
3. To review the District's educational plant survey prepared and
submitted by Facilities Planning and Construction, as
prescribed in Section 1013.31, F.S., and transmit same to the
SSPC Committee for review and a recommendation to the
School Board;
4. To submit annually to the SSPC Committee a progress report
on the District's facilities planning and construction programs;
5. To expeditiously review and recommend to the Superintendent
of Schools and the SSPC Committee on any construction
change orders, which exceed the total appropriation for the
particular project;
6. To expeditiously review and recommend to the Superintendent
of Schools and to the School Board on construction change
orders if funds are available in project contingency, except that
change orders of less than $50,000 may be approved
administratively by the Superintendent or his designee and
subsequently confirmed by the TR Committee;
7. To review and recommend to the Superintendent of Schools
the award or rejection of construction bids, which exceed the
project budget by 5%;
8, To review and recommend to the Superintendent of Schools,
based upon recommended awards of construction bids,
amendments to the affected project budget. Project budgets
should be reduced when construction awards are less than the
amount budgeted or increased when the construction award is
more than the amount budgeted. The source or destination of
such budget amendments should be undistributed contingency
in each affected fund;
To review administrative procedures and perform other
functions as assigned by the Superintendent of Schools.
6Gx1 3- 2C-1.083
D. Membership -- The TR Committee shall be comprised of the following
voting members, or their designees:
Chief Business Officer = Chair;
Administrative Director, Facilities Planning;
Administrative Director, Facilities Operations and Legislative Support;
Chief Financial Officer;
Administrative Director - Maintenance;
Associate Superintendent of School Operations;
Associate Superintendent - Education.
E. Operation -- A quorum of the TR Committee shall consist of a
majority. Meetings shall be held as called by the Chair. Minutes shall
be kept of all meetings and upon approval by the TR Committee a
copy shall be distributed to the Superintendent of Schools and to the
School Board.
IV. Site Selection
A. Use of District's Adopted Educational Facilities Plan -- Only those
sites for projects included within the District's adopted educational
facilities plan shall be investigated and evaluated for potential
purchase by the School Board.
B. Criteria -- Criteria for evaluating and selecting sites for locating
educational facilities shall include or address the following elements:
1. Size and shape of site;
2. Expansion capacity of site;
3. Whether the site is adequate to relieve overcrowding in existing
schools;
4. Whether there are pending or approved charter school
applications which would impact the proposed educational
facility or the site search;
5. Whether the site is reserved in a recorded subdivision, or set
aside for donation or purchase by the School Board as a result
of Developmental Impact Committee (DIC) or Development of
Regional Impact (DRI) approvals;
6Gx13- 2C108
6. Location of site in relation to both the intended service area, as
well as major traffic arteries and accessibility to school buses
and private vehicles for student drop-off and pickup;
7. Site location should seek to the extent practicable to promote
diverse school enrollments, reflecting the broad mix of cultures,
experiences and ideas to be found in the community, through
the consideration of various factors, including but not limited to
the socioeconomic circumstances, unique language needs and
abilities, race and ethnicity of the students to be served;
8. Location of site and potential impact on the attendance
boundaries of surrounding schools;
9. Occupancy of the site, specifically whether any residents will
require relocation;
10. Location of site in relation to existing or planned public
recreation sites, which might make possible the joint use of
facilities;
11, Whether there are any existing or anticipated land uses in the
area, which could adversely affect the site due to traffic
generation, noise, odor, safety or other factors;
12. Whether there are any major street improvements or
expressways planned in the vicinity, which could affect the site
or the intended service area;
13. Whether there are adequate traffic control devices and
sufficient road capacity for the intended use of the site;
14. Whether site access requires crossing a canal, railroad, major
street or other physical barrier or hazard;
15. Whether there are any archeological or historical designations
or any biological, zoning or environmental problems (e.g.,
incinerators, active or inactive dump sites, toxic soil,
underground storage tanks) on the property that could
adversely impact the timely use of the property for the intended
purpose;
16. The extent of site development work that must be done on an
unimproved site in order to make it usable for the intended
purpose;
17. The condition of title to the site or any known title defects;
6Gx13- 2C-1.083
18. The compatibility or incompatibility of present and projected
uses of adjacent properties with the intended use,
C. Site Selection Procedures -- The Chief Business Officer or his/her
designee shall ensure that thorough site selection procedures are
followed, including the following seven -step due process, as described
below. The Chief Business Officer shall have the option to secure the
services of a third party or parties, under contract with the District, to
identify sites and/or negotiate conditional agreements for purchase
and sale of real property on behalf of the School Board, as may be
deemed appropriate.
1. identify through the appropriate school district regions, the
general search boundaries for the proposed educational
facility, any relevant educational, recreational, and community
requirements that may be applicable, minimum required site
size, and the educational facilities to be relieved;
Inventory available sites that meet the search parameters,
including School Board -owned sites, properties designated for
donation to the School Board, properties set aside by
developers or property owners for purchase, as approved by
the School Board, and properties owned by public entities
which may be available under cooperative partnerships;
3. Conduct preliminary due diligence and with input from School
Operations and Transportation staff, identify the sites most
suitable for the intended purpose;
Submit to the SSPC Committee the record of all suitable sites
for direction. Pursuant to this direction, authorize the
Superintendent, his designee, or the third party, to execute
conditional purchase and sate agreements based on a not to
exceed purchase price, to be determined by the SSPC
Committee based on a restricted use appraisal report
generated by District authorized licensed appraiser. This shall
be subject to additional due diligence, to include environmental
assessments, site preparation and development costs,
appraisals and any other reviews deemed necessary. As part
of the conditional agreements, a fully refundable deposit not to
exceed 10% of the purchase price, may be deposited in
escrow with the School Board Attorney, as earnest money;
5. Present the results of negotiations for the selected sites to the
SSPC Committee for final ranking if necessary, including any
adjustments of the not to exceed price and a recommendation
to the School Board for approval of the negotiated agreements.
The SSPC Committee shall also consider the need for eminent
domain where negotiations prove unsuccessful;
6Gx13- 2C-1.083
6. Submit recommendation to the School Board for approval of a
purchase and sale agreement, or upon a recommendation by
the SSPC Committee to authorize eminent domain
proceedings;
7 Upon review of the sites and recommended ranking, the
School Board shall accept the sites as ranked or re -rank them
and authorize acquisition. if none of the sites are acceptable,
the School Board shall reject them.
Site Acquisition
A. Criteria for Acquisition of Sites for School Facilities
1. Overall suitability of a site for the intended purpose;
2. Total estimated costs to place a site in use for the intended
purpose, including acquisition cost and cost of necessary site
improvements; and
3. The reasonableness of the total cost to acquire and place a
site into use, as compared to other sites or options.
B. Criteria for Determining "Reasonableness" of Costs of Site Acquisition
and Improvements
1. The foundation, or starting point, for determining what is a
reasonable price for the School Board to pay for the acquisition
of land is an appraisal(s) of market value of sites as provided in
Section 253.025, F.S.;
2. Adjustment downward or upward of the appraised market value
of a site based upon the following:
a. Total costs, other than the cost of acquisition, to place
the site in use;
b. Availability of alternative, suitable sites for the project;
c. Both the general real estate market conditions and the
specific real estate market conditions in the geographic
area of the project; and
d. Any other identified factors which may impact the
reasonableness of site acquisition costs, including but
not limited to the total estimated costs of the eminent
domain process to acquire the site as provided by
6Gx1 2C-1.083
Sections 73.091 and 73.092, F.S., and for the District's
costs for attorneys' fees and other expenses of the
eminent domain.
C. Appraisal Procurement and Review Process -- The Chief Business
Officer or his/her designee shall ensure the following is provided:
Initiating, overseeing and documenting the procurement of
professional appraisals of market value of the sites determined
by the School Site Planning and Construction Committee to be
suitable for projects in the District's adopted educational
facilities plan or long-range plan, as required by Section
1013.35, F.S.;
2. Where two appraisals are required under state law, request in
writing a formal professional review appraisal from an
appraiser selected in accordance with Section 253.025(6)0b),
F.S. The reviewing appraiser's certification of the
recommended or approved value of the property shall be set
forth in a signed statement which identifies the specific
appraisal reports reviewed and explains the basis for such
recommendation or approval.
D. Negotiations and Authorization for the Voluntary Purchase and Sale of
Sites -- The Chief Business Officer or his/her designee shall ensure of
the following:
1. Conducting negotiations within the authorization granted by the
SSPC Committee for the voluntary purchase and sale of sites
suitable for projects included within the District's adopted
educational facilities plan or long-range plan and maintaining a
written record of all such negotiations;
2. Reporting to the SSPC Committee the results of such
negotiations for further input as may be needed;
3, Preparing for presentation to the School Board an item with full
information for the voluntary purchase and sale of a school site
as contained in the site list as ranked by the SSPC Committee,
suitable for the projects included within the District's adopted
educational facilities plan or long-range plan within the price
parameters established by the SSPC Committee, based upon
the criteria for "reasonableness" of cost of site acquisition and
improvements established herein;
Ensuring that where the agreed to purchase price exceeds the
appraised value where only one appraisal is required by state
law, or the reviewed appraised value in all other instances, and
6Gx13- 2C- .083
the School Board finds that the agreed price is reasonable
under the criteria established herein, said purchase is
approved by an extraordinary vote. Extraordinary vote, for
purposes of this section, means a majority vote plus one
additional vote of the members of the School Board present at
the meeting where such action is taken.
E. Acquisition by Eminent Doman
1. In the event that negotiations for voluntary sale of a site for a
reasonable price are unsuccessful, then the SSPC Committee
shall formulate and forward to the School Board an item
recommending the commencement of eminent domain
proceedings as authorized by Section 1013.24, F.S.
2. The item recommending the commencement of eminent
domain proceedings shall include the full record of the site
selection and investigation process;
3. Upon School Board approval, eminent domain proceedings
shall be initiated as provided for in Section 73.015, F.S.
Specific Authority: 1001.41(1)(2); 1001.42(22); 1001.43(10) F.S.
Law Implemented, Interpreted, or Made Specific: 73.015; 73.091; 73.092;
112.313(1); 112.3143; 253.025(6)(b); 286.011; 1013.24; 1013.31; 1013.33; 1013.35;
1013.36; 1013.61, F.S.
History: THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
New: 12-12-01
Amended: 4-17-02; 6-19-02; 9-12-02; 5-14-03; 7-14-04