LEGAL STANDARDS OF FLORIDA

EDUCATION SERVICESVictoria J. Laskis Barry University

Topic

Create a scenario that identifies legal standards that are applicable to site administrators in negotiating contracts for goods and services.

Context

I. What is a contract?

Definition

“Contracts are agreements between persons or legal entities (e.g. corporations), in which one party agrees to perform a service or provide goods in exchange for the payment of money or other goods or services.”

Requirements of a Valid Contract

Consent/Agreement Exchange Legal Apothecia (Of rightful mind and/or

age) Legal (law abiding)

Considerations

Written contracts are almost always preferable to verbal contracts because a written document can eliminate disputes about the terms and conditions of the agreement contract.

A written contract must identify the agreement with enough detail to make it enforceable.

Process

II. How does a negotiation come about?

5 Steps of Bid Process

Identification of need/problem Invitation For Bids, (Request to address

need) Bidding, (competition for providers to

address need) Review Bids (selection of provider based

upon specified criteria) Awarding the contract

Responsibilities

III. Who is responsible for the decision?

Governing Florida State Statutes

Florida Constitution: Title XIX (Public Business)

Chapter 287 (Procurement of Personal Property &

Services) Title XXXIX (Commercial Relations)

Chapter 672 (Uniform Commercial Code: Sales) Chapter 673 (Uniform Commercial Code: General

Instruments)

Procurement Management Office

Procurement Management through the School Board of Miami Dade, Florida Policy 6320, has been designated as the official purchasing agency of the Board.

Procurement Management exercises control over the acquisition of commodities, goods, services, materials, development of Bid Specifications, selection of bidders and awarding of contracts to bidders

Resources

Procurement Management Services1450 Northeast Second Avenue

Room 650Miami, Florida 33132 305-995-1000

• http://procurement.dadeschools.net

• http://oeo.dadeschools.net/pdf/2014/MWBE_category_prod_list_060214.pdf

• http://mwbe.dadeschools.net

Healthy Hunger-Free Kids Act

This interim final rule amends the National School Lunch Program and School BreakfastProgram regulations to establish nutritionstandards for all foods sold in schools, otherthan food sold under the lunch and

breakfastprograms. Established 2013

Jessica Lunsford Law

The law is named after Jessica Lunsford, a young Florida girl who was raped and murdered in February 2005 by John Couey, a previously convicted sex offender. Among the key provisions of the law was classifying lewd or lascivious molestation on a person under the age of 12 as a life felony, and a mandatory minimum of 25 years in prison. Established in 2005 Florida Law.

Scenario I

A landscaping company approaches the principal to offer their services to do all the landscaping at the school. Unknowingly one of his employees is a serial pedophile. He accosts one of the students while cutting the lawn. Legal charges are brought by the parents against the school for lack of background check on the landscaping company.

Questions: How should the principal have handled the

situation? Who is legally liable for the principals

indiscretion?

Results

Principal did not go through the correct channels in the hiring of an outside vendor.

The school is liable due to the negligent behavior of the principal for the lack of background check and providing sufficient security for the protection of the children.

Scenario 2

The AC broke in the school and the principal calls a company out of the yellow pages. The AC company sends a technician to fix the AC unit. The technician falls and hurts himself while on the job. The company then sues the school because it happened on school property.

Questions:Who is liable? The principal? The school? The

District?Was procedure followed?

Results

The principal is liable of the failure to follow proper contracting procedures.

The school is liable in name only. The school district is liable as the

accident occurred on its property. Procedures were not followed hence

causal liability can be shifted to the principal.

Scenario 3

The PTA put a vending machine in the teachers lounge. The vending machine sells soda, chips, chocolate and candy. They put the machine to help raise extra funds for the school.

Questions:Is this permitted by current statutes and

policy?Is there another problem with this scenario?

Results

This is against school board policy when placing a vending machine in a school without going through the procurement department.

All services and goods legally need to have three bids to be processed correctly through this department.

The food is an infringement of the Healthy Hunger-Free Kids Act, 2013(proposed by Michelle Obama)

References Healthy Hunger Free Kids Act. (n.d.). Retrieved from USDA :

www.fns.usda.gov/school-meals/healthy-hunger-free-kids-act

Jessica Lunsford Act. (n.d.). Retrieved from Jessica Law: www.jessicalaw2006.com

Legal and Binding Contracts. (2008, February). Retrieved from Florida Bar: www.TheFloridaBar.org

OEO Product List. (n.d.). Retrieved from DadeSchools: http://oeo.dadeschools.net/pdf/2014/MWBE_category_prod_list_060214.pdf

OEO: Procurement. (n.d.). Retrieved from DadeSchools: http://www.procurement.dadeschools.net/

Office of economic opportunity. (n.d.). Retrieved from DadeSchools: http://mweb.dadeschools.net

Statutes and Constitutions. (n.d.). Retrieved from Online Sunshine: www.leg.state.fl.us/statutes/index.cfm