E-Agenda: Paperless Meeting System
Meeting Date: Wednesday, January 11, 2006


spacer graphic spacer graphic spacer graphic spacer graphic PALM BEACH COUNTY SCHOOL BOARD SPECIAL MEETING RE: JOSTENS SETTLEMENT MINUTES

Special Meeting/Workshop

  1. Call to Order - 5:00 p.m.
  2. Public Comments - None
  3. Approve Settlment and Release re: Jostens, Inc.

  4. Minutes: In 2001, the School Board approved entering into a Term Contract for Diplomas, Diploma Covers and Certificates of Completion with Jostens.

    Purchase Orders were issued in February 2005 for the FY05 graduation ceremonies. Special Condition I of the Bid required that all diplomas be delivered no later than 30 days prior to graduation.

    Jostens failed to deliver diplomas to many High Schools in time for graduation.

    As a result of Jostens’ default, on July 20, 2005 the School Board approved the termination of the Contract with Jostens and debarred them from doing further business with the School Board for three years, pursuant to the School Board’s Debarment Policy.

    Jostens filed an Administrative Appeal with the Florida Division of Administrative Hearings seeking to challenge the validity of School Board’s Debarment Policy and a reversal of the School Board’s debarment decision.

    Negotiations between the parties ensued and the Settlement Agreement and Mutual Release resulted from these negotiations.

    The following are the essential elements of the Settlement Agreement and Mutual Release:

    Jostens agrees not to submit bids to the School Board or any Palm Beach County School District School for a period of three years beginning July 20, 2005.

    Jostens will be permitted to fulfill its existing yearbook obligations at eleven School District Schools for the 2005-2006 school year.

    Other than fulfilling the foregoing yearbook obligations, Jostens will do no further business with the School Board or School District for three years commencing July 20, 2005.

    For High School Graduations in 2006, Jostens will provide a $1,000 scholarship to each of the 24 high schools and School Administration will select a recipient of the scholarships and acknowledge Jostens.

    Jostens will pay the School Board $20,000 to cover any damages resulting from Jostens default with the 2005 diplomas.

    The School Board will rescind the July 20, 2005 debarment of Jostens.

    The School Board will release all contract funds to Jostens for goods and services provided to date.

    Jostens will dismiss its Administrative Appeals against the School Board.

    The School Board and Jostens mutually release each other from any further claims as a result of Jostens default with the 2005 diplomas.


    Motions:
    I recommend the School Board approve the Settlement Agreement and Mutual Release attached hereto with Jostens, Inc., rescind the July 20, 2005 debarment of Jostens, Inc. and authorize the Chairman and Superintendent to execute all related documents.-PASS
    Vote Results:
      Motion: Paulette Burdick
      Second: Debra Robinson
      Tom Lynch-Aye
      Sandra Richmond-Aye
      Paulette Burdick-Aye
      Monroe Benaim-Aye
      Mark Hansen-Aye
      Debra Robinson-Nay
      Bill Graham-Aye

  5. Adjourn - 5:10 p.m.

   
                                             
   
   
   
                                           
   

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