School Board approves AECOM emergency program-management contract with added accountability

The School Board of Broward County on a special-call vote approved an emergency one-year program-management contract with AECOM, adding new accountability steps and language to the agreement.

In opening remarks the superintendent said the board’s direction yielded “a price reduction, more than $1,250,000” on the agreement and that the emergency contract was intended to be temporary while staff develops a new solicitation in February with the goal of a board vote in June, according to remarks on the record.

Board members and public speakers pressed staff on oversight and conflict-of-interest protections after the original draft named RSM US LLP to perform quarterly evaluations. Several board members argued it is inappropriate for an audit firm to be given a management or evaluation role tied to work it could have performed in the past. Mrs. Alhadeff moved to remove RSM’s name from the contract and substitute “an external company selected by the School Board of Broward County”; that amendment was discussed at length and then approved by the board.

Staff described how the evaluation and enforcement mechanism will operate. “There will be monthly and quarterly evaluations performed by an outside firm,” Mr. White said, and if the contractor fails to meet KPIs and does not implement corrective actions within 30 calendar days “the board has the unilateral right to reduce their most recent invoice by an amount equal to 3% and keep that on a rolling basis until the KPIs are satisfied … It is not returned to them once they start performing.”

Public commenters raised concerns about firm selection, local and minority-business participation, and the clarity of contract exhibits. Natalie Lynch Walsh, a longtime participant on facilities issues, said the draft gave an audit firm a management function and warned that oversight roles and evaluation tools must be clarified. Doty Keith, who said she represents a majority woman-owned firm, criticized the selection and participation levels in the proposal, saying, “They painted lipstick on the pig,” and urging the board to protect opportunities for Broward MWB firms.

Board members also debated a proposed contractual performance target — a motion to add language holding AECOM accountable for completing 80 projects within the contract year — and discussed whether adding such a numerical guarantee would be a substantive change requiring AECOM’s written consent. The board also debated travel-reimbursement language and requested clearer fee and staffing descriptions in the contract exhibits.

The board ultimately adopted a suite of amendments that: remove the RSM US LLP reference and require an external evaluator selected by the board; clarify that KPIs will be developed by staff and that evaluations will occur monthly and quarterly; incorporate enforcement language allowing a rolling 3% invoice deduction for unimplemented corrective actions after a 30-day cure period; and make targeted cleanups to contract exhibit references. Board members directed staff to remove remaining references to RSM where found in the draft contract.

AECOM representatives said BIM (building information modeling) would be used where appropriate and confirmed, on the record, that two staff hires listed in the proposal were current AECOM employees while other positions remain listed as TBD in the submitted staffing plan.

The board voted to approve item 2 as amended; the meeting then adjourned. The contract is an emergency, one-year agreement; staff said a new solicitation would be pursued so the program manager role can be reconsidered through the regular procurement process.