07-23-2013 Regular School Board Meeting
Agenda Item #24

Houghton Mifflin Harcourt Termination Agreement


On May 14, 2013 the Board approved the District's tolling agreement with Houghton Mifflin Harcourt (HMH) as part of their contract to implement a comprehensive Learning Management System (LMS) after notable progress was made.  This basically extended the time required to cure the breach, as notified on March 20, 2013.   Unfortunately, during this time, efforts on both parts have failed to remedy significant aspects of that project, so that the prognosis left staff no recourse other than develop an exit strategy, via a termination agreement.  Negotiations between BPS and HMH leadership has produced the following settlement, which has been reviewed and approval by Harold Bistline, Debra Pace, Cyndi Van Meter, Gino Butto and Cheryl Olson.   In summary, HMH agrees to return all monies paid to them so far as part of this contract, $965,066 plus compensation for additional resources to help staff recover from potential lingering problems and/or jump start initiatives toward future solutions.

In addition, and in effort to protect Race To The Top initiatives, staff requests approval to begin negotiating with other vendors who either bid on the original Request for Proposals, or who have been identified and analyzed as part of our recent exit strategies with HMH. All resulting contracts will be presented to the Board for approval.


To execute this termination agreement, accept HMH offer of $1,133,066 and pursue other vendor options for LMS modules.

Meeting Date(s)
Consent w/o Information - 7/23/2013

Authority for Action
FS 1001.42; F.A.C. 6A-1.012(14)

Involves Expenditure of Funds Directly in the Classroom

Source of Funding
Agenda Item will not Require the Expenditure of Funds

Cost Center


Gino Butto, Assistant Superintendent, Educational Technology

Cheryl Olson, Director, Purchasing

Attachment:  DOC (Brevard Term Agremment 7.16.13)(HMH execution).pdf